A party may amend any pleading as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is to be served, and the action has not been placed upon the trial calendar, at any time within 90 days after it is served. Thereafter a party may amend a pleading only by written consent of the adverse party or by leave of court which shall be freely given in the interest of justice. A motion for leave to amend shall have annexed thereto a copy of the proposed amended pleading. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 20 days after service of the amended pleading, whichever period is longer, unless the court otherwise orders.
Rule 4:9-1.Amendments
Last amended September 1, 1996 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:9-1 lets a party amend a pleading once as a matter of course before a responsive pleading is served, and thereafter only by the adverse party's consent or by leave of court, which is freely given in the interest of justice.
Full Text of Rule 4:9-1
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. 4:15-1; amended July 13, 1994 to be effective September 1, 1994; amended June 28, 1996 to be effective September 1, 1996.
Plain-English Summary
Pleadings can be corrected and refined. A party may amend as a matter of course at any time before a responsive pleading is served, or, where no responsive pleading is required and the case is not yet on the trial calendar, within 90 days after the pleading is served. Up to that point, no permission is needed.
After that, amendment takes the adverse party’s written consent or leave of court, which the rule says is freely given in the interest of justice. A motion to amend must attach the proposed pleading, and the responding party pleads within the time left or within 20 days of the amendment, whichever is longer.
Frequently Asked Questions
When can you amend a pleading without permission?
As a matter of course before a responsive pleading is served, or, where none is required and the case is not on the trial calendar, within 90 days after the pleading is served.
What is the standard for leave to amend?
Leave of court is freely given in the interest of justice. A motion for leave must have the proposed amended pleading annexed to it.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:9-1). 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: amending a pleadingamendment as of rightleave to amendamended complaint