Rule 4:4. Initial Process | New Jersey Process Servers (2024)

RULE 4:4. Process – continued

4:4-3. By Whom Served; Copies

(a) Summons and Complaint. Summonses shall be served, together with a copy of the complaint, by the sheriff, or by a person specially appointed by the court for that purpose, or by plaintiff’s attorney or the attorney’s agent, or by any other competent adult not having a direct interest in the litigation. If personal service cannot be effected after a reasonable and good faith attempt, which shall be described with specificity in the proof of service required by R. 4:4-7, service may be made by mailing a copy of the summons and complaint by registered or certified mail, return receipt requested, to the usual place of abode of the defendant or a person authorized by rule of law to accept service for the defendant or, with postal instructions to deliver to addressee only, to defendant’s place of business or employment. If the addressee refuses to claim or accept delivery of registered or certified mail, service may be made by ordinary mail addressed to the defendant’s usual place of abode. The party making service may, at the party’s option, make service simultaneously by registered or certified mail and ordinary mail, and if the addressee refuses to claim or accept delivery of registered mail and if the ordinary mailing is not returned, the simultaneous mailing shall constitute effective service. Mail may be addressed to a post office box in lieu of a street address only as provided by R. 1:5-2. Return of service shall be made as provided by R. 4:4-7.

(b) Writs. Unless the court otherwise orders, all writs and process to enforce a judgment or order shall be served by the sheriff.

(c) Private Service; Costs. When service of process pursuant to this rule has been made by any person other than the sheriff, the allowance of taxed costs pursuant to R. 4:42-8 shall include a cost of service not exceeding the fee and mileage expenses allowable by law to the sheriff for that service.

Note: Source-R.R. 4:4-3, 5:5-1(c), 5:2-2; amended July 14, 1992 to be effective September 1, 1992; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; captions and text of paragraphs (a) and (b) deleted and replaced with new captions and text July 5, 2000 to be effective September 5, 2000; paragraph (c) added July 12, 2002 to be effective September 3, 2002.

RULE 4:4. Process continued

Rule 4:4. Initial Process | New Jersey Process Servers (2024)

FAQs

Rule 4:4. Initial Process | New Jersey Process Servers? ›

(a) Summons and Complaint. Summonses shall be served, together with a copy of the complaint, by the sheriff, or by a person specially appointed by the court for that purpose, or by plaintiff's attorney or the attorney's agent, or by any other competent adult not having a direct interest in the litigation.

What is the New Jersey court Rule service of process? ›

Rule 6:2-3 - Service of Process (a)By Whom Served. Personal service of process within this State may be made by Special Civil Part Officers and such other persons authorized by law to serve such process as the Assignment Judge designates.

What is the rule 5 4 4 in NJ? ›

Rule 5:4-4 - Service of Process in Family Part Summary Actions; Initial Complaints and Applications for Post (a)Manner of Service. Service of process within this State for Family Part summary actions, including initial complaints and applications for post-dispositional relief, shall be made in accordance with R.

What is the rule 4 6 4 in NJ? ›

Rule 4:6-4 - Motion for More Definite Statement or to Strike or Dismiss for Impropriety of Pleading (a) More Definite Statement.

What is the service rule in New Jersey? ›

Rule 1:5-1. Service: When Required

The party obtaining an order or judgment shall serve it as herein prescribed within 7 days after the date it was signed unless the court otherwise orders therein.

What is the rule 4 4 7 in New Jersey? ›

4:4-7, service may be made by mailing a copy of the summons and complaint by registered or certified mail, return receipt requested, to the usual place of abode of the defendant or a person authorized by rule of law to accept service for the defendant or, with postal instructions to deliver to addressee only, to ...

What is Rule 4 14 5 of New Jersey Rules of court? ›

4:14-5. If the officer at the taking of the deposition is a certified shorthand reporter, the witness shall not sign the deposition.

What is the rule 1 4-4 in NJ? ›

Rule 1:4-4 - Affidavits (a) Form. Every affidavit shall run in the first person and be divided into numbered paragraphs as in pleadings. The caption shall include a designation of the particular proceeding the affidavit supports or opposes and the original date, if any, fixed for hearing.

What is the rule 4 46 in New Jersey? ›

4:46-1. Time for Making, Filing, and Serving Motion

A party seeking any affirmative relief may, at any time after the expiration of 35 days from the service of the pleading claiming such relief, move for a summary judgment or order on all or any part thereof or as to any defense.

What is the rule 4 11 4 in New Jersey? ›

Whenever the deposition of a person is to be taken in this State pursuant to the laws of a foreign state for use in connection with proceedings there, an out-of-state attorney or party may submit a foreign subpoena along with a New Jersey subpoena, in the name of the Clerk of the Superior Court, which complies with ...

What is NJ Rule 4 16 4? ›

All errors and irregularities in the notice for taking a deposition are waived unless at least 3 days before the time fixed for examination, or within such time as the court fixes by order, written objection is served upon the party giving the notice.

What is the rule 4 18 in New Jersey? ›

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on behalf of that party, to inspect, copy, test, or sample any designated documents (including writings, drawings, graphs, charts, photographs, sound recordings, images, electronically stored ...

What is the rule 4 3 3 in NJ? ›

4:3-3(a)(2) the motion may be made at any time before trial. The order changing venue shall not be incorporated in any other order and shall be filed in triplicate. If a mediator has already been appointed, the party moving to change venue shall serve a copy of the motion on that person prior to the mediation date.

How to serve process in New Jersey? ›

This may be by a sheriffs officer or a private process server. Delivery may also be made at the defendant's home to a member of the household at least 14 years of age. If personal service cannot be made, then the plaintiff has the option of serving the papers by regular and certified mail.

Can someone else accept served papers in NJ? ›

4:4-6.

A general appearance or an acceptance of the service of a summons, signed by the defendant's attorney or signed and acknowledged by the defendant (other than an infant or incompetent), shall have the same effect as if the defendant had been properly served.

How much time do you have to serve a complaint in NJ? ›

A: In New Jersey, the general rule is that you have 90 days from the date the summons was issued to serve the defendant. However, under certain circ*mstances, the court may extend this time frame if you can show good cause or if it's in the interest of justice.

What hours can a process server serve you in New Jersey? ›

In the eyes of the law, an individual is considered served so long as the process server has identified them and notified them that they are delivering legal documents. A process server is permitted to serve documents from 6:00 am to 10:00 pm. Documents cannot be served on a Sunday or other religious holiday.

What are the rules for proof of service in NJ? ›

Proof of service shall be submitted at the time a complaint is filed unless service is by mail and is not effected initially, in which case subsequent proof of service by simultaneous mailing by certified or registered mail, return receipt requested, and ordinary mail shall be submitted when service is effected.

How do you serve proceedings in Jersey? ›

There are three main ways of instituting proceedings in Jersey. An action may be commenced by way of Summons in which case it is sometimes referred to as being by way of simple action. An action may also be commenced by way of an Order of Justice or by way of a Representation.

What does served with process mean in law? ›

Service of process is the procedure by one party in a lawsuit or legal proceeding to give another party an appropriate notice of the initiation of legal action.

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