Rules of Court · Part 4 · New Jersey
R. 4:91-5 New Jersey Rules of Court, R. 4:91-5: Actions Pending May Proceed to Judgment, rendered as code with every cross-reference linked
Actions Pending May Proceed to Judgment
If an action by a creditor or other interested party is pending against the executor or administrator on the date of the filing of the complaint to adjudge the estate insolvent, the action may proceed to final judgment, but no execution shall issue until final judgment is entered in the insolvency proceeding. If the estate is adjudicated insolvent, the judgment creditor shall be entitled to receive the ratable portion determined by such final judgment.
Note: Source - R.R. 4:110-6; amended June 29, 1990 to be effective September 4, 1990; amended July 27, 2006 to be effective September 1, 2006.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 4:91-5 "Actions Pending May Proceed to Judgment" {
If an action by a creditor or other interested party is pending against the executor or administrator on the date of the filing of the complaint to adjudge the estate insolvent, the action may proceed to final judgment, but no execution shall issue until final judgment is entered in the insolvency proceeding. If the estate is adjudicated insolvent, the judgment creditor shall be entitled to receive the ratable portion determined by such final judgment.
Note: Source - R.R. 4:110-6; amended June 29, 1990 to be effective September 4, 1990; amended July 27, 2006 to be effective September 1, 2006.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-09-12; corpus harvested 2026-09-02← R. 4:91-4 · 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.