Rules of Court · Part 4 · New Jersey

R. 4:5-6 New Jersey Rules of Court, R. 4:5-6: Consistency, rendered as code with every cross-reference linked

Consistency

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

A party may set forth 2 or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses. When 2 or more statements are made in the alternative and one of them, if made independently, would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. As many separate claims or defenses as the party has may be stated regardless of their consistency and whether based on legal or on equitable grounds or on both. All statements shall be made subject to the obligations set forth in R. 1:4-8.

Note: Source-R.R. 4:8-5(b); amended July 13, 1994 to be effective September 1, 1994.

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

rule 4:5-6 "Consistency" {
A party may set forth 2 or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses. When 2 or more statements are made in the alternative and one of them, if made independently, would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. As many separate claims or defenses as the party has may be stated regardless of their consistency and whether based on legal or on equitable grounds or on both. All statements shall be made subject to the obligations set forth in R. 1:4-8.
Note: Source-R.R. 4:8-5(b); amended July 13, 1994 to be effective September 1, 1994.
}
referenced_by: 1:4-5
source: njcourts.gov // verbatim; changed 2025-09-29; corpus harvested 2026-09-02

← R. 4:5-5 · R. 4:5-7 → · 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.