Rules of Court · Part 4 · New Jersey
R. 4:40-1 New Jersey Rules of Court, R. 4:40-1: Motion for Judgment at Trial, rendered as code with every cross-reference linked
Motion for Judgment at Trial
A motion for judgment, stating specifically the grounds therefor, may be made by a party either at the close of all the evidence or at the close of the evidence offered by an opponent. If the motion is made prior to the close of all the evidence and is denied, the moving party may then offer evidence without having reserved the right to do so. A motion for judgment which is denied is not a waiver of trial by jury even if all parties to the action have so moved.
Note: Source-R.R. 4:51-1.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 4:40-1 "Motion for Judgment at Trial" {
A motion for judgment, stating specifically the grounds therefor, may be made by a party either at the close of all the evidence or at the close of the evidence offered by an opponent. If the motion is made prior to the close of all the evidence and is denied, the moving party may then offer evidence without having reserved the right to do so. A motion for judgment which is denied is not a waiver of trial by jury even if all parties to the action have so moved.
Note: Source-R.R. 4:51-1.
}
referenced_by: 4:103-3, 4:35-2
source: njcourts.gov // verbatim; changed 2025-10-07; corpus harvested 2026-09-02R. 4:40-2 → · chapter 4:40 · 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.