RULE 4:48. Satisfaction Or Cancellation Of Judgment

4:48-1. Execution and Delivery of Warrant of Satisfaction

Upon satisfaction of a judgment duly entered and docketed, a warrant shall be executed and delivered to the party making satisfaction or to the party's representative, guardian or attorney, or to the clerk of the court, stating the judgment docket number or book and page where it is recorded and directing the clerk to satisfy the same of record. The warrant shall be executed by anyone entitled to receive satisfaction or by the attorney of record in the action. If executed by anyone other than the attorney of record the warrant shall be duly acknowledged. If executed by the attorney of record the attorney's certification shall suffice.

Note: Source-R.R. 4:60-1. Amended July 14, 1972 to be effective September 5, 1972; amended July 13, 1994 to be effective September 1, 1994.

4:48-2. Entry of Satisfaction

Note: Source-R.R. 4:60-3. Paragraph (a) amended by order of September 5, 1969 to be effective September 8, 1969; paragraph (a) amended July 22, 1983 to be effective September 12, 1983; paragraph (a) amended July 13, 1994 to be effective September 1, 1994.

4:48-3. Entry of Satisfaction on Payment of Moneys Into Court

Note: Source-R.R. 4:60-4, 4:60-5; paragraphs (a)(1), (2), and (4) amended July 13, 1994 to be effective September 1, 1994.

4:48-4. Recourse by Some Judgment Debtors Against Other Judgment Debtors

If a judgment is recovered against 2 or more persons, one of whom, liable thereon secondarily or equally with any other, satisfies the judgment, or when bail in a civil action is compelled to pay a judgment against a defendant, the person paying the judgment may on motion and notice to the other persons in interest, excluding the judgment creditor, apply to the court for an order allowing the paying party the full benefit and control of the judgment and any outstanding execution. The court may make such order, on terms, and may direct that new execution issue for the purpose of compelling payment or contribution by any party liable in the amount fixed by the court. If the motion is granted the judgment shall be revived to the extent only of a judgment effective as of the date of such revival in favor of the person or persons applying as against the co-defendant or co-defendants or the person for whom bail was given. The clerk of the court in which the judgment is entered shall enter upon the margin of the record of the judgment the notation of revival of the judgment to the extent aforesaid and the date and docket number of the order of revival so entered; or, if the said judgment is docketed, the transcript shall include said notation, and the clerk of the court in which the same is docketed shall make like marginal entry. The order of revival shall be indexed by the clerk as a revived judgment.

Note: Source-R.R. 4:60-6; amended July 13, 1994 to be effective September 1, 1994.