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Rule 4:71-1.Summary action

Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:71-1 requires a statutory appeal from a local officer, board, body, or commission -- when it isn't a prerogative-writs action -- to be brought in the Law Division as a summary action.

Full Text of Rule 4:71-1

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If by statute a decision or action of any local officer, board, body or commission other than an inferior court may be appealed to or reviewed by the Superior Court when the action is not in lieu of prerogative writs, the same shall be brought before the Law Division of the Superior Court by a summary action pursuant to R. 4:67.

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.R. 4:90-1.

Plain-English Summary

Not every appeal from a local decision-maker is a prerogative-writs case. When a statute allows a local officer's, board's, body's, or commission's decision to be appealed to or reviewed by the Superior Court outside that framework, the appeal still goes to the Law Division, brought as a summary action.

Frequently Asked Questions

How is a statutory appeal from a local board or officer brought to the Superior Court?

As a summary action in the Law Division, when the appeal isn't already an action in lieu of prerogative writs.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:71-1). 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: statutory appeal from local board