RULE 4:3. Divisions; Venue; Transfer Of Actions

4:3-1. Divisions of Court; Commencement and Transfer of Actions

  • (a) Where Instituted.

    • (1) Chancery Division-General Equity. Actions in which the plaintiff's primary right or the principal relief sought is equitable in nature, except as otherwise provided by subparagraphs (2) and (3), shall be brought in the Chancery Division, General Equity, even though legal relief is demanded in addition or alternative to equitable relief.

    • (2) Chancery Division-Probate Part. All actions brought pursuant to R. 4:83 et seq.

    • (3) Chancery Division-Family Part. All civil actions in which the principal claim is unique to and arises out of a family or family-type relationship shall be brought in the Chancery Division, Family Part. Civil family actions cognizable in the Family Part shall include all actions and proceedings provided for in Part V of these rules; all civil actions and proceedings formerly cognizable in the juvenile and domestic relations court; and all other actions and proceedings unique to and arising out of a family or family-type relationship.

    • (4) Law Division. All actions in the Superior Court except those encompassed by subparagraphs (1), (2) and (3) hereof shall be brought in the Law Division or Law Division, Special Civil Part.

  • (b) Transfer Between Law and Chancery Division. A motion to transfer an action from one trial division of the Superior Court or part thereof to another, except those actions governed by Part VI of these rules, shall be made within 10 days after expiration of the time prescribed by R. 4:6-1 for the service of the last permissible responsive pleading or, if the action is brought pursuant to R. 4:67 (summary actions), on or before the return date if the action is pending in the Law Division. Unless so made, objections to the trial of the action in the division specified in the complaint are waived, but the court on its own motion may thereafter order such a transfer. Actions transferred shall not be retransferred. The order of transfer