If the statute imposing the penalty provides for commitment of the defendant upon the failure to pay forthwith the adjudicated or agreed to penalty, the court may direct defendant’s commitment to any institution and for such time as the statute authorizes, unless the judgment is sooner paid. The form of the commitment shall be prescribed by the Administrative Director of the Courts.
Rule 4:70-4.Commitment
Last amended September 1, 2004 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:70-4 lets the court commit a defendant who fails to pay an adjudicated civil penalty when the authorizing statute provides for commitment, for whatever time the statute allows, unless the judgment is paid first.
Full Text of Rule 4:70-4
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. 7:13-6A, 7:13-7, 7:13-8, 7:13-9; paragraph (a); amended July 15, 1982 to be effective September 13, 1982; paragraph (a); amended July 22, 1983 to be effective September 12, 1983; paragraph (c); amended July 13, 1994 to be effective September 1, 1994; paragraph (a); amended January 5, 1998 to be effective February 1, 1998; 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
Some civil-penalty statutes back up the penalty with the threat of commitment, and this rule carries that through. If the defendant doesn't pay the adjudicated or agreed penalty right away, and the statute provides for commitment, the court may commit that defendant to an institution for as long as the statute authorizes — release comes sooner if the judgment gets paid.
Frequently Asked Questions
Can a defendant be committed for failing to pay a civil penalty?
Yes, if the statute imposing the penalty provides for commitment, and only for as long as that statute authorizes, unless the judgment is paid first.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:70-4). 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: commitment for unpaid civil penalty