R. 4:34-1 New Jersey Rules of Court, R. 4:34-1: Death, rendered as code with every cross-reference linked

rule 4:34-1 "Death" {
(a) Party Survivors. In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be noted upon the record and the action shall proceed in favor of or against the surviving parties.
(b) Non-party Survivors. If a party dies and the claim is not thereby extinguished, the court shall on motion order substitution of the proper parties. The motion for substitution may be made by the successors or representatives of the deceased party or by any party, and notice thereof shall be served on parties as provided by R. 1:5-2 and on persons not parties in the manner provided by either R. 4:4 (service of original process) or, if the court directs, R. 4:67-3 (service of orders to show cause).
Note: Source-R.R. 4:38-1(a) (b).
}
referenced_by: 4:34-3
source: njcourts.gov // verbatim; changed 2025-10-10; corpus harvested 2026-09-02