Rules of Court · Part 1 · New Jersey
R. 1:10-3 New Jersey Rules of Court, R. 1:10-3: Relief to Litigant, rendered as code with every cross-reference linked
Relief to Litigant
Notwithstanding that an act or omission may also constitute a contempt of court, a litigant in any action may seek relief by application in the action. A judge shall not be disqualified because he or she signed the order sought to be enforced. If an order entered on such an application provides for commitment, it shall specify the terms of release provided, however, that no order for commitment shall be entered to enforce a judgment or order exclusively for the payment of money, except for orders and judgments based on a claim for equitable relief including orders and judgments of the Family Part and except if a judgment creditor demonstrates to the court that the judgment debtor has assets that have been secreted or otherwise placed beyond the reach of execution. The court in its discretion may make an allowance for counsel fees to be paid by any party to the action to a party accorded relief under this rule. In family actions, the court may also grant additional remedies as provided by R. 5:3-7. An application by a litigant may be tried with a proceeding under R. 1:10-2(a) only with the consent of all parties and subject to the provisions of R. 1:10-2(c).
Note: Source-R.R. 4:87-5; amended July 26, 1984 to be effective September 10, 1984; former R. 1:10-3 recaptioned and redesignated R. 1:10-2(b), former R. 1:10-4 recaptioned and redesignated R. 1:10-2(c), and former R. 1:10-5 amended and redesignated R. 1:10-3 July 13, 1994 to be effective September 1, 1994; amended July 10, 1998 to be effective September 1, 1998; amended January 21, 1999 to be effective April 5, 1999.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 1:10-3 "Relief to Litigant" {
Notwithstanding that an act or omission may also constitute a contempt of court, a litigant in any action may seek relief by application in the action. A judge shall not be disqualified because he or she signed the order sought to be enforced. If an order entered on such an application provides for commitment, it shall specify the terms of release provided, however, that no order for commitment shall be entered to enforce a judgment or order exclusively for the payment of money, except for orders and judgments based on a claim for equitable relief including orders and judgments of the Family Part and except if a judgment creditor demonstrates to the court that the judgment debtor has assets that have been secreted or otherwise placed beyond the reach of execution. The court in its discretion may make an allowance for counsel fees to be paid by any party to the action to a party accorded relief under this rule. In family actions, the court may also grant additional remedies as provided by R. 5:3-7. An application by a litigant may be tried with a proceeding under R. 1:10-2(a) only with the consent of all parties and subject to the provisions of R. 1:10-2(c).
Note: Source-R.R. 4:87-5; amended July 26, 1984 to be effective September 10, 1984; former R. 1:10-3 recaptioned and redesignated R. 1:10-2(b), former R. 1:10-4 recaptioned and redesignated R. 1:10-2(c), and former R. 1:10-5 amended and redesignated R. 1:10-3 July 13, 1994 to be effective September 1, 1994; amended July 10, 1998 to be effective September 1, 1998; amended January 21, 1999 to be effective April 5, 1999.
}
referenced_by: 1:10-2, 5:3-7, 5:6-5, 5:7-5, 6:7-2
source: njcourts.gov // verbatim; changed 2025-09-23; corpus harvested 2026-09-02← R. 1:10-2 · chapter 1:10 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.