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NJ · rules

N.J. Ct. R. 4:5-8

Pleading Special Matters

activein force · 2026-09-01 – presentact-effective-date

(a) Fraud; Mistake; Condition of Mind. In all allegations of misrepresentation, fraud, mistake, breach of trust, willful default or undue influence, particulars of the wrong, with dates and items if necessary, shall be stated insofar as practicable. Malice, intent, knowledge, and other condition of mind of a person may be alleged generally.

(b) Conditions Precedent. In pleading the performance or occurrence of conditions precedent, it is sufficient to allege generally that all such conditions have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity, but when so made the party pleading the performance or occurrence has the burden of establishing it.

(c) Pleading According to Legal Effect. Acts and contracts may be stated according to their legal effect, but in so doing the pleading should be such as fairly to apprise the adverse party of the state of facts which it is intended to prove; thus, an act or promise of a principal other than a corporation, if in fact proceeding from an agent known to the pleader, should be so stated. In pleading an official document or official act it is sufficient to allege that the document was issued or the act done in compliance with law.

(d) Judgment. A judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or administrative agency or officer, may be alleged without stating matter showing jurisdiction to render it.

(e) Special Damage. Items of special damage claimed shall be specially stated, except that if a general demand for unliquidated damages is made pursuant to R. 4:5-2, the facts giving rise to any included claim for special damages shall be specially stated in lieu of the monetary claim therefor.

History

Note: Source-R.R. 4:9-1, 4:9-2, 4:9-3, 4:9-4, 4:9-5, 4:9-6.

Provenance

Source
njcourts.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
fecc3c0a00f2f1135f7ee9a1d6d0900f6084154157eeedb92a6eaf277729dcb3
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