Rules of Court · Part 4 · New Jersey

R. 4:60-4 New Jersey Rules of Court, R. 4:60-4: Attachment and Arrest, rendered as code with every cross-reference linked

Attachment and Arrest

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

No writ of attachment shall issue against a defendant who has been arrested upon a writ of capias ad respondendum or ne exeat in the same action, and no order to hold to bail shall be made as to a defendant whose property shall have been attached under a writ issued in the same action, unless the court shall determine upon proof, with or without notice to the defendant, that the second writ is not oppressive and is required in the interest of justice under the special circumstances of the case. If the second writ is issued without notice, the order therefor shall provide that defendant may move to vacate it on not more than 2 days' notice to the plaintiff.

Note: Source-R.R. 4:77-6.

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

rule 4:60-4 "Attachment and Arrest" {
No writ of attachment shall issue against a defendant who has been arrested upon a writ of capias ad respondendum or ne exeat in the same action, and no order to hold to bail shall be made as to a defendant whose property shall have been attached under a writ issued in the same action, unless the court shall determine upon proof, with or without notice to the defendant, that the second writ is not oppressive and is required in the interest of justice under the special circumstances of the case. If the second writ is issued without notice, the order therefor shall provide that defendant may move to vacate it on not more than 2 days' notice to the plaintiff.
Note: Source-R.R. 4:77-6.
}
referenced_by: 4:48-3, 4:51-5
source: njcourts.gov // verbatim; changed 2025-10-07; corpus harvested 2026-09-02

← R. 4:60-3 · R. 4:60-5 → · chapter 4:60 · 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.