§ 1:13-4 Transfer of Actions

Codes > New Jersey Statutes > Part I > Chapter I : Rule 1:13 > 1:13-4 Transfer

1:13-4. Transfer of Actions

    (a) On Motion. Subject to the right to be prosecuted by indictment, if any court is without jurisdiction of the subject matter of an action or issue therein or if there has been an inability to serve a party without whom the action cannot proceed as provided by R. 4:28-1, it shall, on motion or on its own initiative, order the action, with the record and all papers on file, transferred to the proper court or administrative agency, if any, in the State. The action shall then be proceeded upon as if it had been originally commenced in that court or agency.

    (b) After Appeal. If any action transferrable under paragraph (a) because of lack of jurisdiction over the subject matter is appealed without having been transferred, the appellate court may decide the appeal and direct the appropriate judgment or decision to be entered in the court or agency to which the action should have been transferred.

    (c) Payment of Fees. Where pursuant to this rule an action is ordered transferred to or judgment or decision ordered entered in the proper court or agency, the order shall be conditioned upon the payment by the parties to the clerk of such court or to such agency of the fees that would have been payable had the action originally been instituted in such court or agency. Payments to the clerk of any court shall be made payable to the “Treasurer, State of New Jersey.”