Except as otherwise provided by R. 4:71, the court shall try the action pursuant to R. 4:67-5 without a jury, unless the statute imposing the penalty otherwise requires, on the return date and without the filing of any other pleadings unless the court otherwise orders. If the court finds that a violation has occurred, it shall enter judgment for plaintiff and impose a penalty as provided by the statute. Unless the statute otherwise requires, the parties may dispose of the charges of the complaint by stipulation, settlement, or consent order, in which case payment of a penalty as so provided shall be considered a prior violation for the purpose of determining subsequent offender status. Payment of all penalties shall be made to the court and shall be remitted to the Treasurer of the State of New Jersey unless the statute imposing the penalty requires other disposition.
Rule 4:70-3.Hearing; penalties; payment
Last amended September 1, 2004 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:70-3 has the court try a civil-penalty action without a jury on the return date, enter judgment and a statutory penalty if a violation is found, and remit penalty payments to the State Treasurer unless the statute says otherwise.
Full Text of Rule 4:70-3
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R. 7:13-3, 7:13-4, 7:13-5, 7:13-6, 7:13-17; caption; amended, former paragraphs (a), (b), and (c) deleted, and new text adopted July 28, 2004 to be effective September 1, 2004.
Plain-English Summary
A civil-penalty case moves quickly once it's before the court. Trial happens without a jury (unless the statute says otherwise) right on the return date, without any additional pleadings unless the court allows them, and a finding of violation brings judgment for the plaintiff and the penalty the statute prescribes.
The parties can still settle — by stipulation, settlement, or consent order — and a penalty paid that way still counts as a prior violation if the defendant offends again later. However the penalty gets resolved, payment goes to the court, which remits it to the State Treasurer unless the statute directs it somewhere else.
Frequently Asked Questions
Is a jury used to try a civil-penalty enforcement action?
No, generally the court tries it without a jury, unless the statute imposing the penalty requires otherwise.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:70-3). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: civil penalty trialconsent order civil penalty