Rules of Court · Part 4 · New Jersey
R. 4:91-4 New Jersey Rules of Court, R. 4:91-4: Excepted Claims; Plenary Action; Recovery, rendered as code with every cross-reference linked
Excepted Claims; Plenary Action; Recovery
If a creditor to whose claim exception is made elects to proceed in a plenary civil action in preference to a determination by the court on the exception, he or she shall so proceed immediately. If an executor or administrator desires to have a claim determined in a plenary action, he or she shall, before filing the report, so notify the creditor who shall thereupon proceed to sue immediately. Such sum as the creditor recovers in such plenary action shall be the amount upon which a ratable portion shall be paid. The court in which the action is brought shall dispose thereof as quickly as possible.
Note: Source-R.R. 4:110-5; amended June 29, 1990 to be effective September 4, 1990.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 4:91-4 "Excepted Claims; Plenary Action; Recovery" {
If a creditor to whose claim exception is made elects to proceed in a plenary civil action in preference to a determination by the court on the exception, he or she shall so proceed immediately. If an executor or administrator desires to have a claim determined in a plenary action, he or she shall, before filing the report, so notify the creditor who shall thereupon proceed to sue immediately. Such sum as the creditor recovers in such plenary action shall be the amount upon which a ratable portion shall be paid. The court in which the action is brought shall dispose thereof as quickly as possible.
Note: Source-R.R. 4:110-5; amended June 29, 1990 to be effective September 4, 1990.
}
referenced_by: 4:72-4
source: njcourts.gov // verbatim; changed 2025-09-12; corpus harvested 2026-09-02
← R. 4:91-3 · R. 4:91-5 → · chapter 4:91 · 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.