Rules of Court · Part 4 · New Jersey
R. 4:5-4 New Jersey Rules of Court, R. 4:5-4: Affirmative Defenses; Misdesignation of Defense and Counterclaim, rendered as code with every cross-reference linked
Affirmative Defenses; Misdesignation of Defense and Counterclaim
A responsive pleading shall set forth specifically and separately a statement of facts constituting an avoidance or affirmative defense including but not limited to accord and satisfaction, arbitration and award, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, frustration of purpose, illegality, impossibility of performance, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, and waiver. If a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court, on terms if the interest of justice requires, shall treat the pleading as if there had been a proper designation.
Note: Source — R.R. 4:8-3; amended August 1, 2016 to be effective September 1, 2016.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 4:5-4 "Affirmative Defenses; Misdesignation of Defense and Counterclaim" {
A responsive pleading shall set forth specifically and separately a statement of facts constituting an avoidance or affirmative defense including but not limited to accord and satisfaction, arbitration and award, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, frustration of purpose, illegality, impossibility of performance, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, and waiver. If a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court, on terms if the interest of justice requires, shall treat the pleading as if there had been a proper designation.
Note: Source — R.R. 4:8-3; amended August 1, 2016 to be effective September 1, 2016.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-09-29; corpus harvested 2026-09-02← R. 4:5-3 · R. 4:5-5 → · chapter 4:5 · 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.