Rule 4:42-1.Form; settlement

Last amended September 1, 1996 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:42-1 sets what a New Jersey judgment or order must contain and, apart from ex parte matters, requires the form to be settled on notice, endorsed by the affected attorneys, or resolved through a five-day objection window before the court signs it.

Full Text of Rule 4:42-1

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

(a) Form; Contents. A judgment or order shall not contain a recital of the pleadings or the record of prior proceedings. It shall, however, include the following:

(1) a designation of the subject of the judgment or order (i.e., Summary Judgment Dismissing Complaint, Order Modifying Alimony);

(2) the date or dates on which the matter was heard or submitted;

(3) the appearance of counsel and parties appearing pro se;

(4) a separate numbered paragraph for each separate substantive provision of the judgment or order;

(5) the effective date of the judgment or order or of each provision if the effective date of any provision is different from the date of entry;

(6) a notation of whether the matter was opposed or unopposed as required by R. 1:6-2(a); and

(7) the notation prescribed by R. 1:6-2(f) respecting findings and conclusions and the annexation of a statement of reasons if required by that rule or by R. 1:7-4.

(b) Settlement by Motion or Consent. Except as otherwise provided by paragraphs (c) and (d) of this rule, by other rule or by law, and except for ex parte matters, no judgment or order shall be signed by the court unless the form thereof has been settled on motion on notice to all parties affected thereby who are not in default for failure to appear, or unless the written approval of such attorneys or parties to the form thereof is endorsed thereon. Formal written judgments or orders shall be presented to the court for execution within 10 days after its decision is made known, unless such time is enlarged for good cause.

(c) Settlement on Notice. In lieu of settlement by motion or consent, the party proposing the form of judgment or order may forward the original thereof to the judge who heard the matter and shall serve a copy thereof on every other party not in default together with a notice advising that unless the judge and the proponent of the judgment or order are notified in writing of specific objections thereto within 5 days after such service, the judgment or order may be signed in the judge’s discretion. If no such objection is timely made, the judge may forthwith sign the judgment or order. If objection is made, the matter may be listed for hearing in the discretion of the court.

(d) Form of Consent Judgments and Orders. The court may enter a consent judgment or order without the signatures of all counsel of record and parties pro se who have filed a responsive pleading or who have otherwise entered an appearance in the action, provided the form of judgment or order contains the recital that all parties have in fact consented to the entry of the judgment or order in the form submitted. If any party to be bound by the consent judgment has not filed a responsive pleading or entered an appearance in the action, the consent judgment must bear the signature of each such party or such party’s attorney, indicating consent to the form and entry of the judgment. No supporting papers shall be required for the entry of a consent judgment unless the court specifically finds good cause to require the filing of such submissions. Consent judgments may be entered in accordance with this rule at any time following service of the complaint, whether or not an answer or any other responsive pleading has been served or filed.

(e) Submission and Filing of Orders and Judgments. An original and one copy of all forms of orders and judgments shall be submitted to the judge together with a self-addressed, stamped envelope. The judge signing the order or judgment shall file the original in accordance with R. 1:5-6(b), and the copy shall be returned by the judge to the attorney submitting the order or judgment. The proponent may transmit the copy to the Clerk of the Superior Court, together with the fee prescribed by N.J.S.A. 22A:2-7, for appropriate disposition pursuant to R. 4:101. In matrimonial matters such additional copies of the orders shall be submitted as required by the court.

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.

Source-R.R. 4:55-1; paragraph (b); amended July 29, 1977 to be effective September 6, 1977; new paragraph (c) adopted July 16, 1981 to be effective September 14, 1981; former paragraph (a) redesignated paragraph (b) with caption and text; amended, former paragraph (b) redesignated paragraph (c), former paragraph (c) redesignated paragraph (e), and new paragraphs (a) and (d) adopted November 7, 1988 to be effective January 2, 1989; paragraphs (d) and (e); amended July 13, 1994 to be effective September 1, 1994; paragraphs (c), (d) and (e); amended June 28, 1996 to be effective September 1, 1996.

Plain-English Summary

A judgment or order cannot just recite the case history — it needs a defined shape: a plain designation of what it decides, the hearing dates, who appeared, a separately numbered paragraph for each substantive provision, any effective date that differs from entry, whether the matter was opposed, and any required statement of reasons.

Getting that form in front of the judge takes one of a few paths. Outside ex parte matters, the form is either settled on motion, endorsed in writing by the affected attorneys or parties, or circulated on notice with a five-day window to raise objections before the judge signs it. A consent judgment can skip signatures from parties who already appeared, so long as the document recites that everyone consented, and every submission goes to the judge with a self-addressed, stamped envelope for its return.

Frequently Asked Questions

Does a proposed judgment or order need every party's signature?

Not necessarily. A consent judgment may be entered without the signatures of parties who already filed a responsive pleading or appeared, as long as the form recites that all parties consented, though a party who never appeared must still sign or have its attorney sign.

How long do other parties have to object to a proposed order sent on notice?

Five days after service. If no objection is timely made, the judge may sign the order.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:42-1). 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: form of judgmentsettling an orderconsent judgment