Rules of Court · Part 1 · New Jersey
R. 1:6-6 New Jersey Rules of Court, R. 1:6-6: Evidence on Motions; Affidavits, rendered as code with every cross-reference linked
Evidence on Motions; Affidavits
If a motion is based on facts not appearing of record, or not judicially noticeable, the court may hear it on affidavits made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify and which may have annexed thereto certified copies of all papers or parts thereof referred to therein. The court may direct the affiant to submit to cross-examination or hear the matter wholly or partly on oral testimony or depositions.
Note: Source-R.R. 4:44-4 (second sentence), 4:58-6.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 1:6-6 "Evidence on Motions; Affidavits" {
If a motion is based on facts not appearing of record, or not judicially noticeable, the court may hear it on affidavits made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify and which may have annexed thereto certified copies of all papers or parts thereof referred to therein. The court may direct the affiant to submit to cross-examination or hear the matter wholly or partly on oral testimony or depositions.
Note: Source-R.R. 4:44-4 (second sentence), 4:58-6.
}
referenced_by: 1:6-2, 2:5-5, 4:46-5, 4:60-5, 4:61-1, 4:63A, 4:67-2, 4:94-2
source: njcourts.gov // verbatim; changed 2025-09-23; corpus harvested 2026-09-02← R. 1:6-5 · R. 1:6-7 → · chapter 1:6 · 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.