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New Jersey Process Serving Laws
(Rules of Civil Procedure in the
United States)
Quick Answers:
Who can be a process server in
New Jersey?
Any adult over the age of eighteen
(18) years old, that is not a party
to the case, or a member of a
corporation or organization that is
a party, may serve (deliver) the
papers.
Does New Jersey require process
servers to be licensed?
No.
Are there any day or time restrictions to
service of process in New Jersey?
No.
New Jersey Rules of Civil Procedure
are from
CivilProcedure.info
Federal Rules of Civil Procedure
site
Because the laws of process service
may change from time to time, please
check the
New Jersey Courts website
for updated rules of civil procedure
in New Jersey.
Rules of Civil
Procedure in New Jersey:
Rule 4:4.
Process
4:4-1. Summons:
Issuance
The plaintiff, the plaintiff's
attorney or the clerk of the court
may issue the summons. If a summons
is not issued within 10 days after
the filing of the complaint the
action may be dismissed in
accordance with R. 4:37-2(a).
Separate or additional summonses may
issue against any defendants.i.
Note: Source - R.R.
4:4-1; amended July 13, 1994 to be
effective September 1, 1994.
4:4-2. Summons:
Form
Except as otherwise provided by
R. 5:4-1(b) (summary proceedings in
family actions), the face of the
summons shall be in the form
prescribed by Appendix XII-A to
these Rules. It shall be in the name
of the State, signed in the name of
the Superior Court Clerk and
directed to the defendant. It shall
contain the name of the court and
the plaintiff and the name and
address of the plaintiff's attorney,
if any, otherwise the plaintiff's
address, and the time within which
these rules require the defendant to
serve an answer upon the plaintiff
or plaintiff's attorney, and shall
notify the defendant that if he or
she fails to answer, judgment by
default may be rendered for the
relief demanded in the complaint. It
shall also inform the defendant of
the necessity to file an answer and
proof of service thereof with the
deputy clerk of the Superior Court
in the county of venue, except in
mortgage and tax foreclosure actions
an answer shall be filed with the
Clerk of the Superior Court in
Trenton unless andi.
until the action is deemed contested
and the papers have been sent by the
Clerk to the county of venue in
which event an answer shall be filed
with the deputy clerk of the
Superior Court in the county of
venue. If the defendant is an
individual resident in this state,
the summons shall advise that if he
or she is unable to obtain an
attorney, he or she may communicate
with the Lawyer Referral Service of
the county of his or her residence,
or the county in which the action is
pending, or, if there is none in
either county, the Lawyer Referral
Service of an adjacent county. The
summons shall also advise defendant
that if he or she cannot afford an
attorney, he or she may communicate
with the Legal Services Office of
the county of his or her residence
or the county in which the action is
pending. If the defendant is an
individual not resident in this
State, the summons shall similarly
advise him or her, directing the
defendant, however, to the
appropriate agency in the county in
which the action is pending. The
reverse side or second page of the
summons shall contain a current
listing, by county, of addresses and
telephone numbers of the Legal
Services Office and the Lawyer
Referral Office serving each county,
which list shall be updated
regularly by the Administrative
Office of the Courts and made
available to legal forms publishers
and to any person requesting such
list.
Note: Source - R.R. 4:4-2; amended
November 27, 1974 to be effective
April 1, 1975; amended July 29, 1977
to be effective September 6, 1977;
amended July 21, 1980 to be
effective September 8, 1980; amended
July 16, 1981 to be effective
September 14, 1981; amended December
20, 1983 to be effective December
31, 1983; amended June 29, 1990 to
be effective September 4, 1990;
amended July 13, 1994 to be
effective
i.September
1, 1994; amended June 28, 1996 to be
effective September 1, 1996; amended
July 10, 1998 to be effective
September 1, 1998.
4:4-3. By Whom
Served; Copies
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 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 addresed 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
i.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.
Writs.
Unless the court otherwise
orders, all writs and process to
enforce a judgment or order shall be
served by the sheriff. 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
i.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.
4:4-4. Summons;
Personal Service; In Personam
Jurisdiction Service of summons,
writs and complaints shall be made
as follows:
Primary Method of
Obtaining In Personam Jurisdiction.
The primary method of obtaining
in personam jurisdiction over a
defendant in this State is by
causing the summons and complaint to
be personally served within this
State pursuant to R. 4:4-3, as
follows:
- Upon a competent individual
of the age of 14 or over, by
delivering a copy of the summons
and complaint to the individual
personally, or by leaving a copy
thereof at the individual's
dwelling place or usual place of
abode with a competent member of
the household of the age of 14
or over then residing therein,
or by delivering a copy thereof
to a person authorized by
appointment or by law to receive
service of
i.process
on the individual's behalf;
- Upon a minor under the age
of 14, by delivering a copy of
the summons and complaint
personally to a parent or the
guardian of the minor's person
or to a competent adult member
of the household with whom the
minor resides;
- Upon an incompetent, by
delivering a copy of the summons
and complaint personally to the
guardian of the incompetent's
person or to a competent adult
member of the household with
whom the incompetent resides, or
if the incompetent resides in an
institution, to the director or
chief executive officer thereof;
- Upon individual proprietors
and real property owners,
provided the action arises out
of a business in which the
individual is engaged within
this State or out of any real
property or interest in real
property in this State owned by
the individual, by delivering a
copy of the summons and
complaint to the individual if
competent, or, whether or not
the individual proprietor or
property owner is competent, to
a managing or general agent
employed by the individual in
such business or for the
management of such real
property, or if service cannot
be made in that manner, then by
delivering a copy of the summons
and complaint to any employee or
agent of the individual within
this State acting in the
discharge of his or her duties
in connection with the business
or the management of the real
property;
- Upon partnerships and
unincorporated associations
subject to suit under a
recognized name, by serving a
copy of the summons and
complaint in the manner
i.prescribed
by paragraph (a)(1) of this rule
on an officer or managing agent
or, in the case of a
partnership, a general partner;
- Upon a corporation, by
serving a copy of the summons
and complaint in the manner
prescribed by paragraph (a)(1)
of this rule on any officer,
director, trustee or managing or
general agent, or any person
authorized by appointment or by
law to receive service of
process on behalf of the
corporation, or on a person at
the registered office of the
corporation in charge thereof,
or, if service cannot be made on
any of those persons, then on a
person at the principal place of
business of the corporation in
this State in charge thereof, or
if there is no place of business
in this State, then on any
employee of the corporation
within this State acting in the
discharge of his or her duties,
provided, however, that a
foreign corporation may be
served only as herein prescribed
subject to due process of law;
- Upon the State of New
Jersey, by registered, certified
or ordinary mail of a copy of
the summons and complaint or by
personal delivery of a copy of
the summons and complaint to the
Attorney General or to the
Attorney General's designee
named in a writing filed with
the Clerk of the Superior Court.
No default shall be entered for
failure to appear unless
personal service has been made
under this paragraph. In an
action under N.J.S.A. 2A:45-1 et
seq. (lien or encumbrance held
by the State), the notice in
lieu of summons shall be in the
form, manner and substance
prescribed by N.J.S.A. 2A:45-2,
and shall be served, together
with a copy of the complaint, on
the Attorney General or designee
as herein provided, but if the
lien or encumbrance arises by
reason of a recognizance entered
into in connection with any
proceeding in the Superior Court
or any criminal judgment
rendered in such court, the
notice,
i.together
with a copy of the complaint,
shall be served on the county
prosecutor or the prosecutor's
designee named in a writing
filed with the Clerk of the
Superior Court;
- Upon other public bodies, by
serving a copy of the summons
and complaint in the manner
prescribed by paragraph (a)(1)
of this rule on the presiding
officer or on the clerk or
secretary thereof;
Obtaining In
Personam Jurisdiction by Substituted
or Constructive Service.
- By mail or personal service
outside the State. If it appears
by affidavit satisfying the
requirements of R. 4:4-5(c)(2)
that despite diligent effort and
inquiry personal service cannot
be made in accordance with
paragraph (a) of this rule,
then, consistent with due
process of law, in personam
jurisdiction may be obtained
over any defendant as follows:
- personal service in a
state of the United States
or the District of Columbia,
in the same manner as if
service were made within
this State, except that
service shall be made by a
public official having
authority to serve civil
process in the jurisdiction
in which the service is made
or by a person qualified to
practice law in this State
or in the jurisdiction in
which service is made or by
a person specially appointed
by the court for that
purpose; or
- personal service outside
the territorial jurisdiction
of the United States, in
accordance with any
governing international
treaty or convention to the
extent required thereby, and
if none, in the same manner
as if service were made
within the United States,
except that service shall be
made by a person specially
appointed by the court for
that purpose; or
- mailing a copy of the
summons and complaint by
registered or certified
mail, return receipt
requested, and,
simultaneously, by ordinary
mail to:
- a competent
individual of the age of
14 or over, addressed to
the individual's
dwelling house or usual
place of abode;
- a minor under the
age of 14 or an
incompetent, addressed
to the person or persons
on whom service is
authorized by paragraphs
(a)(2) and (a)(3) of
this rule;
- a corporation,
partnership or
unincorporated
association that is
subject to suit under a
recognized name,
addressed to a
registered agent for
service, or to its
principal place of
business, or to its
registered office. Mail
may be addressed to a
post office box in lieu
of a street address only
as provided by R. 1:5-2.
- As provided by law. Any
defendant may be served as
provided by law.
- By court order. If service
can be made by any of the modes
provided by this rule, no court
order shall be necessary. If
service cannot be made by any of
the modes provided by this rule,
any defendant may be served as
provided by court order,
consistent with due process of
law.
Note: Source -
R.R. 4:4-4. Paragraph (a) amended
July 7, 1971 to be effective
September 13, 1971; paragraphs (a)
and (b) amended July 14, 1972 to be
effective September 5, 1972;
paragraph (f) amended July 15, 1982
to be effective September 13, 1982;
paragraph (e) amended July 26, 1984
to be effective September 10, 1984;
paragraph (a) amended November 1,
1985 to be effective January 2,
1986; paragraphs (a), (f) and (g)
amended November 5, 1986 to be
effective January 1, 1987; paragraph
(i) amended November 2, 1987 to be
effective January 1, 1988; paragraph
(e) amended November 7, 1988 i.to be
effective January 2, 1989;
paragraphs (a) and (b) amended July
14, 1992 to be effective September
1, 1992; text deleted and new text
substituted July 13, 1994 to be
effective September 1, 1994.
4:4-5. Summons;
Service on Absent Defendants; In Rem
or Quasi In Rem Jurisdiction
Whenever, in actions affecting
specific property, or any interest
therein, or any res within the
jurisdiction of the court, or in
matrimonial actions over which the
court has jurisdiction, wherein it
shall appear by affidavit of the
plaintiff's attorney or other person
having knowledge of the facts, that
a defendant cannot, after diligent
inquiry, be served within the State,
service may, consistent with due
process of law, be made by any of
the following 4 methods:
- personal service outside
this State as prescribed by R.
4:4-4(b)(1)(A) and (B): or
- service by mail as
prescribed by R. 4:4-4(b)(1)(C);
or
- by publication of a notice
once in a newspaper published or
of general circulation in the
county in which the venue is
laid; and also by mailing,
within 7 days after publication,
a copy of the notice as herein
provided and the complaint to
the defendant, prepaid, to the
defendant's residence or the
place where the defendant
usually receives mail, unless it
shall appear by affidavit that
such residence or place is
unknown, and cannot be
ascertained after inquiry as
herein provided or unless the
defendants are proceeded against
as unknown owners or claimants
pursuanti.
to R. 4:26-5(c). But if
defendants are proceeded against
pursuant to R. 4:26-5(c), a copy
of the notice shall be posted
upon the lands affected by the
action within 7 days after
publication;
- The notice required by
this rule shall be in the
form of a summons, without a
caption, and shall state
briefly (1) the object of
the action and the name of
the person to whom it is
addressed and why such
person is made a defendant;
and (2) where the action
concerns real estate, the
municipality in which and
the street on which the real
estate is situate, and, if
the property is improved,
the street number of the
same, if any, and if a
mortgage is to be
foreclosed, the parties
thereto and the date
thereof;
- The inquiry required by
this rule shall be made by
the plaintiff, plaintiff's
attorney actually entrusted
with the conduct of the
action, or by the agent of
the attorney; it shall be
made of any person who the
inquirer has reason to
believe possesses knowledge
or information as to the
defendant's residence or
address or the matter
inquired of; the inquiry
shall be undertaken in
person or by letter
enclosing sufficient postage
for the return of an answer;
and the inquirer shall state
that an action has been or
is about to be commenced
against the person inquired
for, and that the object of
the inquiry is to give
notice of the action in
order that the person may
appear and defend it. The
affidavit of inquiry shall
be made by the inquirer
fully specifying the inquiry
made, of what persons and in
what manner, so that by the
facts stated therein it may
appear that diligent inquiry
has been made for the
purpose of effecting actual
notice; or
- as may be provided by court
order.
Note: Source -
R.R. 4:4-5(a)(b)(c)(d),
4:30-41(b) (second sentence).
Paragraph (c) amended July 7,
1971 to be effective September
13, 1971; paragraph (c) amended
July 14, 1972 to be effective
September 5, 1972; amended July
24, 1978 to be effective
September 11, 1978; paragraph
(b) amended November 7, 1988 to
i.be
effective January 2, 1989;
paragraphs (a) (b) (c) (d)
amended July 13, 1994 to be
effective September 1, 1994;
paragraph (c) amended June 28,
1996 to be effective September
1, 1996.
4:4-6. General
Appearance; Acknowledgment of
Service
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.
Note: Source - R.R. 4:4-6; amended
July 17, 1975 to be effective
September 8, 1975.
4:4-7. Return
The person serving the process
shall make proof of service thereof
on the original process, and in
Superior Court actions also on the
copy, and shall promptly file such
process with the court within the
time during which the person served
must respond thereto. The proof of
service shall state the name of the
person served and the place, mode
and date of service, and a copy
thereof shall be forthwith furnished
plaintiff's attorney by the person
serving process. If service is made
upon a member of the household
pursuant to R. 4:4-4 that person's
name shall be stated in the proof
or, if such name cannot be
ascertained, the proof shall contain
a description of the person upon
whom service was made. If service is
made by a person other than a
sheriff or a court appointee, proof
of service shall be by similar
affidavit which shall include the
facts of the affiant's diligent
inquiry regarding defendant's place
of abode, business or employment. If
service is made by mail, the party
making service shall make proof
thereof by affidavit which shall
also include the facts of the
failure to effect personal service
and the facts of the affiant's
diligent inquiry to determine
defendant's place of abode, business
or employment. With the proof shall
be filed the affidavit or affidavits
of inquiry, if any, required by R.
4:4-4 and R. 4:4-5. Where service is
made by registered or certified mail
and simultaneously by regular mail,
the return receipt card or the
unclaimed registered or certified
mail shall be filed as part of the
proof. Failure to
i.make
proof of service does not affect the
validity of service.
Note: Source R.R. 4:4-7. Amended
July 14, 1972 to be effective
September 5, 1972; amended June 29,
1990 to be effective September 4,
1990; amended July 14, 1992 to be
effective September 1, 1992; amended
July 13, 1994 to be effective
September 1, 1994; amended July 10,
1998 to be effective September 1,
1998.
4:4-8. Amendment
The person serving the process
may file an additional or amended
proof of service within the time
provided by R. 4:4-7. The court may
thereafter allow any process or
proof of service thereof to be
amended upon such terms as it deems
appropriate unless such amendment
would materially prejudice the
rights of the party against whom
process issued.
Note: Source - R.R. 4:4-8.
4:14-7. Subpoena
for Taking Depositions
Form; Contents;
Scope.
The attendance of a witness at
the taking of depositions may be
compelled by subpoena, issued and
served as prescribed by R. 1:9
insofar as applicable, and subject
to the protective provisions of R.
1:9-2 and R. 4:10-3. The subpoena
may command the person to
i.whom
is directed to produce designated
books, papers, documents or other
objects which constitute or contain
evidence relating to all matters
within the scope of examination
permitted by R. 4:10-2.
Time and Place of
Examination by Subpoena; Witness'
Expenses.
- Fact Witnesses. A resident
of this State subpoenaed for the
taking of a deposition may be
required to attend an
examination only at a reasonably
convenient time and only in the
county of this State in which he
or she resides, is employed or
transacts business in person, or
at such other convenient place
fixed by court order. A
nonresident of this State
subpoenaed within this State my
be required to attend only at a
reasonably convenient time and
only in the county in which he
or she is served at a place
within this State not more than
40 miles from the place of
service, or at such other
convenient place fixed by court
order. The party subpoenaing a
witness, other than one subject
to deposition on notice, shall
reimburse the witness for the
out-of-pocket expenses and loss
of pay, if any, incurred in
attending at the taking of
depositions.
- Expert Witnesses and
Treating Physicians. If the
expert or treating resides or
works in New Jersey, but the
deposition is taken at a place
other than the witness'
residence or place of business,
the party taking the shall pay
for the witness' travel time and
expenses, unless otherwise
ordered by the court. If the
expert or treating physician
does not reside or work in New
Jersey, the proponent of the
witness shall either (A) produce
the witness, at the proponent's
expense, in the county in which
the action is pending or at such
other place in New Jersey upon
which all parties shall agree,
or (B) pay all reasonable travel
and lodging expenses incurred by
all parties in
i.attending
the witness' out-of-state
deposition, unless otherwise
ordered by the court.
Notice; Limitations.
A subpoena
commanding a person to produce
evidence for discovery purposes may
be issued only to a person whose
attendance at a designated time and
place for the taking of a deposition
is simultaneously compelled. The
subpoena shall state that the
subpoenaed evidence shall not be
produced or released until the date
specified for the taking of the
deposition and that if the deponent
is notified that a motion to quash
the subpoena has been filed, the
deponent shall not produce or
release the subpoenaed evidence
until ordered to do so by the court
or the release is consented to by
all parties to the action. The
subpoena shall be simultaneously
served no less than 10 days prior to
the date therein scheduled on the
witness and on all parties, who
shall have the right at the taking
of the deposition to inspect and
copy the subpoenaed evidence
produced. If evidence is produced by
a subpoenaed witness who does not
attend taking of the deposition, the
parties to whom the evidence is so
furnished shall forthwith provide
notice to all other parties of the
receipt thereof and of its specific
nature and contents and shall make
it available to all other parties
for inspection and copying.
Note: Source - R.R.
4:20-1 (last sentence), 4:46-4(a)
(b). Paragraphs (a) and (b) amended
July 14, 1972, to be effective
September 5, 1972; paragraph (c)
adopted November 5, 1986 to be
effective January 1, 1987; paragraph
(b) recaptioned paragraph (b)(1) and
amended paragraph (b)(2) adopted and
paragraph (c) amended July 14, 1992
to be effective September 1, 1992.
4:14-8. Failure
to Attend or Serve Subpoena;
Expenses
If the party giving notice of the
taking of a deposition fails to
attend and proceed therewith and
another party attends in person or
by attorney pursuant to the notice,
or if the party giving the notice
fails to serve a subpoena upon a
witness who because of such failure
does not attend and another party
attends in person or by attorney
because that party expects the
deposition of that witness to be
taken, the court may order the party
giving the
i.notice
to pay to such other party the
reasonable expenses incurred as a
result of attendance either by the
attending party or that party's
attorney, including reasonable
attorney's fees.
Note: Source - R.R 4:20-7(a)(b).
Amended July 14, 1972 to be
effective September 5, 1972; amended
July 13, 1994 to be effective
September 1, 1994.
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