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Rule 4:7-7.Separate trials; separate judgment

Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:7-7 permits a separate judgment on a counterclaim or cross-claim, entered under the multiple-claims judgment rule, even when the opposing party's claims have not yet been resolved.

Full Text of Rule 4:7-7

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If the court orders separate trials as provided by R. 4:38-2, judgment on a counterclaim or cross-claim may be rendered in accordance with R. 4:42-2 (judgment upon multiple claims) even if the claims of the opposing party have not been dismissed or otherwise disposed of.
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. 4:13-8.

Plain-English Summary

Claims in a case need not all finish together. Where the court orders separate trials under Rule 4:38-2, this rule allows judgment to be entered on a counterclaim or cross-claim on its own.

The judgment is entered in accordance with Rule 4:42-2, which governs judgment on multiple claims. It may be rendered even if the opposing party’s claims have not been dismissed or otherwise disposed of, so a resolved side claim can proceed to judgment without waiting.

Frequently Asked Questions

Can a counterclaim be reduced to judgment before the main claim is resolved?

Yes. Where separate trials are ordered under Rule 4:38-2, judgment on a counterclaim or cross-claim may be entered under Rule 4:42-2 even though the opposing party’s claims remain undecided.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:7-7). 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: separate judgmentseparate trials counterclaimjudgment on counterclaim