Rules of Court · Part 4 · New Jersey

R. 4:23-3 New Jersey Rules of Court, R. 4:23-3: Expenses on Failure to Admit, rendered as code with every cross-reference linked

Expenses on Failure to Admit

the rule, verbatim; Code adds line numbers, links on every cross-reference and the list of rules that cite this one

If a party fails to admit the genuineness of any document or the truth of any matter as requested under R. 4:22, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, that party may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees. The court shall make the order unless it finds that

(a) The request was held objectionable pursuant to R. 4:22-1, or

(b) The admission sought was of no substantial importance, or

(c) The party failing to admit had reasonable ground for not making the admission.

Note: Source-R.R. 4:27-3. Former rule deleted and new R. 4:23-3 adopted July 14, 1972 to be effective September 5, 1972; introductory paragraph amended July 13, 1994 to be effective September 1, 1994.

Verbatim rule text, unmarked. Nothing here is a summary.

rule 4:23-3 "Expenses on Failure to Admit" {
If a party fails to admit the genuineness of any document or the truth of any matter as requested under R. 4:22, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, that party may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees. The court shall make the order unless it finds that
(a) The request was held objectionable pursuant to R. 4:22-1, or
(b) The admission sought was of no substantial importance, or
(c) The party failing to admit had reasonable ground for not making the admission.
Note: Source-R.R. 4:27-3. Former rule deleted and new R. 4:23-3 adopted July 14, 1972 to be effective September 5, 1972; introductory paragraph amended July 13, 1994 to be effective September 1, 1994.
}
referenced_by: 4:17-3, 4:22-1
source: njcourts.gov // verbatim; changed 2025-09-29; corpus harvested 2026-09-02

← R. 4:23-2 · R. 4:23-4 → · chapter 4:23 · 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.