The complaint of the fiduciary in an action for the approval of a compromise of a claim shall state the nature of the claim and the circumstances justifying the compromise, and shall have annexed to it a copy of the writing setting forth the terms and conditions of the compromise. If, pending the action, the fiduciary applies to the court for approval either of a modification of the compromise, or of another compromise, agreed upon in writing, the court shall, if satisfied that it is in the interests of all persons interested, approve it, provided due notice of the application has been given to such persons.
Rule 4:95-3.Approval of compromise
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:95-3 requires a fiduciary's complaint to approve a claim compromise to explain the claim and the justification for compromising it, attach the written compromise terms, and lets the court later approve a modified or substitute compromise on notice to interested persons.
Full Text of Rule 4:95-3
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.R. 4:114-4; former R. 4:96-4; amended and rule redesignated June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
A fiduciary asking the court to bless a compromised claim has to make the case: the complaint states the nature of the claim and why compromising it makes sense, with a copy of the written compromise terms attached. If circumstances change while the action is pending, the fiduciary can go back to the court for approval of a modified compromise, or an entirely different one, so long as it's also in writing — and the court approves it if satisfied it serves everyone's interests, provided due notice went to those interested persons first.
Frequently Asked Questions
What must a fiduciary's complaint for approval of a claim compromise include?
The nature of the claim, the circumstances justifying the compromise, and a copy of the writing setting out the compromise's terms and conditions.
Can the fiduciary seek approval of a different compromise after the action is already pending?
Yes, provided it's in writing, due notice is given to interested persons, and the court is satisfied it serves their interests.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:95-3). 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: approval of claim compromise