RULE 1:1. Applicability, Scope, Construction, Relaxation And Citation Of Rules

1:1-1. Applicability; Scope

Unless otherwise stated, the rules in Part I are applicable to the Supreme Court, the Superior Court, the Tax Court, the surrogate's courts, and the municipal courts.

Note: Amended November 22, 1978 to be effective December 7, 1978; amended June 20, 1979 to be effective July 1, 1979; amended December 20, 1983 to be effective December 31, 1983.

1:1-2. Construction and Relaxation; References to Marriage, Spouse and Related Terms

  • (a) The rules in Part I through Part VIII, inclusive, shall be construed to secure a just determination, simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay. Unless otherwise stated, any rule may be relaxed or dispensed with by the court in which the action is pending if adherence to it would result in an injustice. In the absence of rule, the court may proceed in any manner compatible with these purposes and, in civil cases, consistent with the case management/trial management guidelines set forth in Appendix XX of these rules.

  • (b) As used in Part I through Part VIII of these rules and appendices, references to "marriage," "husband," "wife," "spouse," "family," "immediate family," "dependent," "next of kin," "widow," "widower," "widowed," or another word that in a specific context denotes a marital or spousal relationship shall include a civil union, as established by N.J.S.A. 37:1-28 to -36, and a domestic partnership, as established by N.J.S.A. 26:8A-1 to -13, and the persons in those relationships.

Note: Source -- R.R. 1:27A, 3:1-2, 3:11-9, 4:1-2, 4:121, 6:1-1 (second sentence), 6:1-2, 8:1-2. Amended June 20, 1979 to be effective July 1, 1979; amended July 5, 2000 to be effective September 5, 2000; caption amended, former text designated as paragraph (a), and new paragraph (b) adopted July 16, 2009 to be effective September 1, 2009; paragraph (b) amended July 21, 2011 to be effective September 1, 2011.

1:1-3. Citation of Rules

These rules shall be referred to as "N.J. Court Rules, 1969" and may be cited as, e.g., "R. 1:1-3."

Note: Source-R.R. 1:1-10(a).
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