Rule 4:21A-6.Entry of Judgment; Trial De Novo

Last amended September 1, 2025 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:21A-6 makes the arbitration award non-appealable and directs dismissal of the action unless, within set periods, a party rejects the award and demands a trial de novo (paying a fee), the parties settle, or a party moves to confirm the award, and it imposes fee-shifting on a party that demands a trial de novo but does not improve on the award.

Full Text of Rule 4:21A-6

Text sizeJump to: (a) (b) (c) (d)

(a) Appealability. The decision and award of the arbitrator shall not be subject to appeal.

(b) Dismissal. An order shall be entered dismissing the action following the filing of the arbitrator’s award in the court’s electronic filing system unless:

(1) within 30 days after filing of the arbitration award, a party thereto files with the civil division manager and serves on all other parties a notice of rejection of the award and demand for a trial de novo and pays a trial de novo fee as set forth in paragraph (c) of this rule; or

(2) within 50 days after the filing of the arbitration award, the parties submit a consent order to the court detailing the terms of settlement and providing for dismissal of the action or for entry of judgment; or

(3) within 50 days after the filing of the arbitration award, any party moves for confirmation of the arbitration award and entry of judgment thereon. The judgment of confirmation shall include prejudgment interest pursuant to R. 4:42-11(b).

(c) Trial De Novo. An action in which a timely trial de novo has been demanded by any party shall be returned, as to all parties, to the trial calendar for disposition. A trial de novo shall be scheduled to occur within 90 days after the filing and service of the request therefor. A party demanding a trial de novo must submit with the trial de novo request a fee in the amount of $265 towards the arbitrator’s fee and may be liable to pay the reasonable costs, including attorney’s fees, incurred after rejection of the award by those parties not demanding a trial de novo. Reasonable costs shall be awarded on motion supported by detailed certifications subject to the following limitations:

(1) If a monetary award has been rejected, no costs shall be awarded if the party demanding the trial de novo has obtained a verdict at least 20 percent more favorable than the award.

(2) If the rejected arbitration award denied money damages, no costs shall be awarded if the party demanding the trial de novo has obtained a verdict of at least $250.

(3) The award of attorney’s fees shall not exceed $750 in total nor $250 per day.

(4) Compensation for witness costs, including expert witnesses, shall not exceed $500.

(5) If the court in its discretion is satisfied that an award of reasonable costs will result in substantial economic hardship, it may deny an application for costs or award reduced costs.

(d) Attorney Fees. In all actions where by statute or otherwise an award of attorney fees is allowed, all such issues are reserved for court resolution unless the parties otherwise agree to submit a fee demand to the arbitrator. In all cases in which attorney fees are sought, the party seeking attorney fees must comply with the provisions of R. 4:42-9(b).

End

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.

Adopted November 1, 1985 to be effective January 2, 1986; paragraph (c) amended November 5, 1986 to be effective January 1, 1987; paragraphs (b)(1) and (c) amended November 2, 1987 to be effective January 1, 1988; paragraph (c)(5) amended November 7, 1988 to be effective January 2, 1989; paragraphs (b)(1) and (c) amended July 14, 1992 to be effective September 1, 1992; paragraph (c) amended May 3, 1994 to be effective July 1, 1994; paragraph (b)(1) amended July 10, 1998 to be effective September 1, 1998; paragraphs (b) and (c) amended July 5, 2000 to be effective September 5, 2000; paragraph (c) amended June 7, 2005 to be effective immediately; new paragraph (d) adopted July 19, 2012 to be effective September 4, 2012; paragraph (c) amended May 30, 2017 to be effective immediately; paragraph (b) amended July 15, 2024 to be effective September 1, 2024; new subparagraph (b)(2) added, former subparagraphs (b)(2) and (3) redesignated, and paragraph (c) amended June 24, 2025 to be effective July 1, 2025; paragraph (b)(2) deleted, subparagraphs (b)(3) and (b)(4) redesignated as (b)(2) and (b)(3), paragraph (c) amended, and official comment deleted July 31, 2025 to be effective September 1, 2025.

Plain-English Summary

The arbitration award becomes binding unless a party acts. The award itself is not appealable, and the action is dismissed after the award is filed unless, within 30 days, a party files a rejection of the award and a demand for a trial de novo and pays the required fee; or, within 50 days, the parties submit a consent order of settlement or a party moves to confirm the award and enter judgment.

A trial de novo returns the case to the trial calendar, but not without risk. A party demanding it pays a fee toward the arbitrator’s compensation and may owe the other side’s reasonable costs, including limited attorney’s fees, if it fails to do meaningfully better than the award — for a money award, a verdict at least 20 percent more favorable. The rule caps those fee and cost awards and lets the court reduce them for economic hardship.

Frequently Asked Questions

How do you reject an arbitration award and get a trial?

Within 30 days after the award is filed, file a notice of rejection and a demand for a trial de novo with the civil division manager, serve all parties, and pay the trial de novo fee. The case then returns to the trial calendar.

What is the penalty for demanding a trial de novo and not doing better?

A party that demands a trial de novo may owe the other side’s reasonable costs, including limited attorney’s fees, if it does not improve on the award — for a money award, by obtaining a verdict at least 20 percent more favorable. The rule caps these amounts.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:21A-6). 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: trial de novorejection of arbitration awardconfirmation of awardentry of judgment on award20 percent rulefee shifting arbitration