R. 4:60-11 New Jersey Rules of Court, R. 4:60-11: Motion to Vacate Writ or Levy, rendered as code with every cross-reference linked

rule 4:60-11 "Motion to Vacate Writ or Levy" {
(a) Effect of Motion. Any attack by the defendant upon the writ of attachment or the levy shall be by motion and shall not constitute a general appearance. No objection raised by a defendant in a motion is waived by being joined with an objection to the complaint as to whether it states a claim upon which relief can be granted, or with any other objection.
(b) Proof on Motion. Upon such motion, proof may be presented by affidavits, depositions, or oral testimony. The burden of proof shall be on the plaintiff. The court may allow amendments and the submission of additional affidavits or other proof to sustain the writ or levy. All questions of fact and law shall be determined by the court without a jury.
(c) Vacation; Discharge. If the court finds that the writ of attachment should not have issued, it shall order it vacated and the levy discharged. If it finds that the levy is defective, it may order it discharged or corrected.
(d) Continuation of Action. The action shall not abate by reason of the discharge of the levy or vacation of the writ of attachment, and the court may order the issuance of other process or a new writ of attachment as the circumstances require.
Note: Source-R.R. 4:77-16(a) (b) (c) (d) (e).
}
referenced_by: 4:60-10
source: njcourts.gov // verbatim; changed 2025-10-10; corpus harvested 2026-09-02