In the state of New Jersey, a process server license is not
required. Summons may be served
together with a copy of the complaint either of the following: the sheriff, by a
person specially appointed by the court for that purpose, by plaintiff's
attorney or the attorney's agent, or by any other competent adult not having a
direct interest in the litigation.
TABLE OF CONTENTS
RULE 1:5 - SERVICE AND FILING OF PAPERS
RULE 1:5 - SERVICE AND FILING OF PAPERS
1. Service: When Required
4. Service by Mail or Courier: When Complete
5. Service; Numerous Defendants.
6. Filing
8. Service.
1.
Service: When Required
a)
Civil Actions. In
all civil actions, unless otherwise provided by rule or court order, orders,
judgments, pleadings subsequent to the original complaint, written motions (not
made ex parte), briefs, appendices, petitions and other papers except a
judgment signed by the clerk shall be served upon all attorneys of record in
the action and upon parties appearing pro se; but no service need be made on
parties who have failed to appear except that pleadings asserting new or
additional claims for relief against such parties in default shall be served
upon them in the manner provided for service of original process. 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.
b)
Criminal Actions.
In criminal actions, unless otherwise provided by rule or court order, written
motions (not made ex parte), briefs, appendices, petitions, memoranda and other
papers shall be served upon all attorneys of record in the action, upon parties
appearing pro se and upon such other agencies of government as may be affected
by the relief sought.
2.
Manner of Service. Service upon
an attorney of papers referred to in R. 1:5-1 shall be made by mailing a copy
to the attorney at his or her office by ordinary mail, by handing it to the
attorney, or by leaving it at the office with a person in the attorney's
employ, or, if the office is closed or the attorney has no office, in the same
manner as service is made upon a party. Service upon a party of such papers
shall be made as provided in R. 4:4-4 or by registered or certified mail,
return receipt requested, and simultaneously by ordinary mail to the party's
last known address; or if no address is known, despite diligent effort, by
ordinary mail to the clerk of the court. Mail may be addressed to a post office
box in lieu of a street address only if the sender cannot by diligent effort
determine the addressee's street address or if the post office does not make
street-address delivery to the addressee. The specific facts underlying the
diligent effort required by this rule shall be recited in the proof of service
required by R. 1:5-3. If, however, proof of diligent inquiry as to a party's
whereabouts has already been filed within six months prior to service under
this rule, a new diligent inquiry need not be made provided the proof of
service required by R. 1:5-3 asserts that the party making service has no
knowledge of any facts different from those recited in the prior proof of
diligent inquiry.
Note:
Source -- R.R. 1:7-12(d), 1:10-10(b), 1:11-2(c), 2:11-2(c), 3:11-1(b), 4:5-2(a)
(first four sentences); amended July 16, 1981 to be effective September 14,
1981; amended July 13, 1994 to be effective September 1, 1994; amended July 28,
2004 to be effective September 1, 2004.
3.
Proof of Service.
Proof of service of every paper referred to in R. 1:5-1 may be made
a)
by an
acknowledgment of service, signed by the attorney for a party or signed and
acknowledged by the party, or
b)
by an affidavit of
the person making service, or
c)
by a certification
of service appended to the paper to be filed and signed by the attorney for the
party making service.
If service has been made by mail the affidavit or certification
shall state that the mailing was to the last known address of the person
served. A proof of service made by affidavit or certification shall state the
name and address of each attorney served, identifying the party that attorney
represents, and the name and address of any pro se party. The proof shall be
filed with the court promptly and in any event before action is to be taken on
the matter by the court. Where service has been made by registered or certified
mail, filing of the return receipt card with the court shall not be required.
Failure to make proof of service does not affect the validity of the service,
and the court at any time may allow the proof to be amended or supplied unless
an injustice would result.
Note:
Source-R.R. 4:5-2(b), 4:88-10 (fifth sentence); amended July 17, 1975 to be
effective September 8, 1975; amended July 29, 1977 to be effective September 6,
1977; amended June 29, 1990 to be effective September 4, 1990; amended July 12,
2002 to be effective September 3, 2002.
a)
Service by Ordinary Mail if Registered or Certified Mail
Is Required and Is Refused. Where under any rule, provision is made for service
by certified or registered mail, service may also be made by ordinary mail
simultaneously or thereafter, unless simultaneous service is required under
these rules. If service is simultaneously made by ordinary mail and certified
or registered mail, service shall be deemed complete on mailing of the ordinary
mail. If service is not made simultaneously and the addressee accepts the
certified or registered mail, service shall be deemed complete on the date of
the acceptance. If the addressee fails to claim or refuses to accept delivery
of certified or registered mail, service shall be deemed complete on mailing of
the ordinary mail.
b) Service
Complete on Mailing. Except for motions that are governed by R. 1:6-3(c),
service by mail of any paper referred to in R. 1:5-1, when authorized by rule
or court order, shall be complete upon mailing of the ordinary mail. If no
ordinary mailing is made, service shall be deemed complete upon the date of acceptance
of the certified or registered mail.
c) Service
by Commercial Courier. Service by a commercial courier of a paper referred to
in R. 1:5-1, except for motions, which are governed by R. 1:6-3, shall be
complete upon the courier's receipt of the paper from the sender, provided the
courier's regular business is delivery service, and provided further that it
guarantees delivery to the addressee by the end of the next business day
following the courier's receipt from the sender.
Note:
Source -- R.R. 4:5-2(a) (fifth sentence). Paragraph (a) adopted and former rule
designated (b) June 29, 1973 to be effective September 10, 1973; amended
November 1, 1985 to be effective January 2, 1986; paragraph (b) amended and
paragraph (c) added July 13, 1994 to be effective September 1, 1994; paragraph
(b) amended July 10, 1998 to be effective September 1, 1998; paragraph (a)
amended July 28, 2004 to be effective September 1, 2004.
5. Service; Numerous
Defendants. In
any civil action in which there are unusually large numbers of defendants, the
court, upon motion or on its own initiative, may order that service of the
pleadings of the defendants and replies thereto need not be made as between the
defendants and that any cross-claim, counterclaim, or matter constituting an
avoidance or affirmative defense contained therein shall be deemed to be denied
or avoided by all other parties and that the filing of any such pleadings and
service thereof upon the plaintiff, or an adverse party in a cross-claim,
constitutes due notice of it to the parties. In any such action the court may
designate certain parties as representatives for receipt of service for all
defendants similarly situated and may order that service of pleadings, motions
and other papers filed in the action may be served upon such representatives
with the same effect as if all such defendants had been served. A copy of every
such order shall be served upon the parties in interest in such manner and form
as the court directs.
Note:
Source-R.R. 4:5-3.
a)
Time for Filing.
In any trial court, unless otherwise stated, all papers required to be served
by R. 1:5-1 shall be filed with the court either before service or promptly
thereafter, unless the rule requiring service or filing provides otherwise.
Whenever in these rules provision is made for the publication, mailing or
posting of notice, proof thereof shall be filed with the court within 20 days
after the publication or mailing or posting.
b)
What Constitutes
Filing With the Court. Except as otherwise provided by R. 1:6-4 (motion
papers), R. 1:6-5 (briefs), and R. 4:42-1(e) (orders and judgments), a paper is
filed with the trial court if the original is filed as follows:
1.
In civil actions
in the Superior Court, Law Division, and in actions in the Superior Court,
Chancery Division, General Equity, except mortgage and tax foreclosure actions,
with the deputy clerk of the Superior Court in the county of venue;
2.
In criminal
actions in the Superior Court, Law Division, with the Criminal Division Manager
in the county of venue, as designee of the deputy clerk of the Superior Court;
3.
In mortgage and
tax foreclosure actions, with the Clerk of the Superior Court, unless and until
the action is deemed contested and the papers have been sent by the Clerk to
the county of venue, in which event subsequent papers shall be filed with the
deputy clerk of the Superior Court in the county of venue;
4.
In actions in the
Chancery Division, Family Part, with the deputy clerk of the Superior Court in
the county of venue if the action is for dissolution of marriage, with the
Surrogate of the county of venue if the action is for adoption, and in all
other actions, with the Family Division Manager in the county of venue, as
designee of the deputy clerk of the Superior Court;
5.
In probate matters
in the Surrogate's Court, with the Surrogate, and in actions in the Chancery
Division, Probate Part, with the Surrogate of the county of venue as deputy
clerk of the Superior Court;
6.
In actions of the
Special Civil Part, as provided by Part VI of these rules;
7.
In actions in the Tax
Court, as provided by Part VIII of these rules.The foregoing notwithstanding,
in any case the judge or, at the judge's chambers, a member of the staff may
accept papers for filing if they show the filing date and the judge's name and
office. The filed papers shall be forwarded forthwith to the appropriate
office.
c)
Nonconforming Papers. The clerk shall file
all papers presented for filing and may notify the person filing if such papers
do not conform to these rules, except that
1.
the paper shall be
returned stamped "Received but not Filed (date)" if it is presented
for filing unaccompanied by any of the following:
(a)
the required
filing fee; or
(b)
a completed Case
Information Statement as required by R. 4:5-1 in the form set forth in Appendix
XII to these rules; or
(c)
in Family Part
actions, the affidavit of insurance coverage required by R. 5:4-2(f), the
Parents Education Program registration fee required by
N.J.S.A. 2A:34-12.2, or the Confidential Litigant Information Sheet as
required by R. 5:4-2(g) in the form prescribed in Appendix XXIV; or
(d)
the signature of
an attorney permitted to practice law in this State pursuant to R. 1:21-1 or
the signature of a party appearing pro se, provided, however, that a pro se
appearance is provided for by these rules.
If a paper is returned under this rule, it shall be accompanied by
a notice advising that if the paper is retransmitted together with the required
signature, document or fee, as appropriate, within ten days after the date of
the clerk's notice, filing will be deemed to have been made on the stamped
receipt date.
2.
Except in mortgage
and tax foreclosure actions, if an answer is presented by a defendant against
whom default has been entered, the clerk shall return the same stamped
"Received but not Filed (date)" with notice that the defendant may
move to vacate the default.
3.
A demand for trial
de novo may be rejected and returned if not filed within the time prescribed in
R. 4:21A-6 or if it is submitted for filing by a party in default or whose
answer has been suppressed.
d)
Misfiled Papers.
If papers are sent to the wrong filing office, they shall be stamped
"Received but not Filed (date)" and transmitted by that office to the
proper filing office and a notice shall be sent by the transmitting office to
the filer of the paper advising of the transmittal. The stamped received date
shall be deemed to be the date of filing.
e)
Attorneys
Answerable for Clerk's Fees. The attorney of record in every action shall be
answerable for the clerk's lawful fees and charges.
7. Non-Military
Affidavit. An affidavit setting forth facts showing
that the defendant is not in military service shall be filed as required by law
before entry of judgment by default against such defendant. Such affidavit may
be included as part of the affidavit of proof. Unless based on facts admissible
in evidence, the affidavit shall have attached to it a statement from the
Department of Defense or from each branch of the armed forces that defendant is
not in military service.
8. Service. A subpoena may be served by any person 18 or more years of age. Service
of a subpoena shall be made by delivering a copy thereof to the person named
together with tender of the fee allowed by law, except that if the person is a
witness in a criminal action for the State or an indigent defendant, the fee
shall be paid before leaving the court at the conclusion of the trial by the
sheriff or, in the municipal court, by the clerk thereof.
Note: Source-R.R.
3:5-10(b) (last sentence), 3:5-10(d), 4:46-3, 5:2-2, 6:3-7(c), 7:4-6(a) (last
sentence), 8:4-9(d); amended July 13, 1994 to be effective September 1, 1994.
9. Place of
Service. A subpoena requiring the attendance of a witness at a hearing in
any court may be served at any place within the State of New Jersey.
Note: Source-R.R.
3:5-10(e), 6:3-7(d), 7:4-6(b), 8:4-9(e).
In New Jersey, lobbyists and state
officials are always active in transforming laws concerning civil
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information offered on our website may have been amended recently. For contemporary process serving and civil
statutes, visit the official New Jersey Judicial System Court website:
http://www.judiciary.state.nj.us/
