- 4:1-Scope Of Rules 4:1 The rules in Part IV, insofar as applicable, govern the practice and procedure of civil actions in the Superior Court, Law and Chancery Divisions, and the surrogate's courts and the Tax Court except as otherwise provided in Part VI and Part VIII., Note:, Source-R.R. 4:1-1. Amended June 20, 1979 to be effective July 1, 1979; amended July 26, 1984 to be effective September 10, 1984; amended November 7, 1988 to be effective January 2, 1989. Part 4
- 3:28-2-Timing of Application 3:28-2 Applications for pretrial intervention shall be made at the earliest possible opportunity, including before indictment, but in any event no later than the Initial Case Disposition Conference, unless good cause is shown or consent by the prosecutor is obtained., Note:, Adopted September 15, 2017 to be effective July 1, 2018. Part 3
- 4:2-1-Form of Action 4:2-1 There shall be one form of action in civil practice to be known as a "civil action"., Note:, Source-R.R. 4:2. Part 4
- 4:2-2-Commencement of Action 4:2-2 A civil action is commenced by filing a complaint with the court., Note:, Source - R.R. 4:3-1. Part 4
- 4:4-4-Summons; Personal Service; In Personam Jurisdiction 4:4-4 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 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 a mentally incapacitated person, by delivering a copy of the summons and complaint personally to the guardian of the person of the mentally incapacitated individual or to a competent adult member of the household with whom the mentally incapacitated person resides, or if the mentally incapacitated person 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 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, 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; Upon a junior judgment creditor defendant in a foreclosure action, by delivering a copy of the summons and complaint via mail to the last known address or by publication when the last known address cannot be ascertained after diligent inquiry. The foregoing subparagraphs (a)(1) through (a)(9) notwithstanding, in personam jurisdiction may be obtained by mail under the circumstances and in the manner provided by R.4:4-3., 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(b) 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 or 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 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: (1) a competent individual of the age of 14 or over, addressed to the individual's dwelling house or usual place of abode; (2) a minor under the age of 14 or a mentally incapacitated person, addressed to the person or persons on whom service is authorized by paragraphs (a)(2)and (a)(3) of this rule; (3) 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. , Optional Mailed Service., Where personal service is required to be made pursuant to paragraph (a) of this rule, service, in lieu of personal service, may be made by registered, certified or ordinary mail, provided, however, that such service shall be effective for obtaining in personam jurisdiction only if the defendant answers the complaint or otherwise appears in response thereto, and provided further that default shall not be entered against a defendant who fails to answer or appear in response thereto. This prohibition against entry of default shall not apply to mailed service authorized by any other provision of these rules. If defendant does not answer or appear within 60 days following mailed service, service shall be made as is otherwise prescribed by this rule, and the time prescribed by R. 4:4-1 for issuance of the summons shall then begin to run anew., 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 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; paragraph (c) amended July 5, 2000 to be effective September 5, 2000; paragraphs (a)(3), (b)(1)(A), (b)(1)(C), and (c) amended July 12, 2002 to be effective September 3, 2002; paragraph (a) amended July 9, 2008 to be effective September 1, 2008; paragraph (b)(1) amended July 23, 2010 to be effective September 1, 2010; paragraph (a) amended April 30, 2019 to be e ffective May 1, 2019. Part 4
- 4:3-1-Divisions of Court; Commencement and Transfer of Actions 4:3-1, Where Instituted., , Chancery Division-General Equity., Actions in which the plaintiff’s primary right or the principal relief sought is equitable in nature, except as otherwise provided by subparagraphs (2) and (3), shall be filed and heard in the Chancery Division, General Equity, even though legal relief is demanded in addition or alternative to equitable relief. , Chancery Division-Probate Part., All actions pursuant to R. 4:83 et seq. shall be filed and heard in the Chancery Division, Probate Part. , Chancery Division-Family Part., All actions in which the principal claim is unique to and arises out of a family or family-type relationship, including palimony actions, shall be filed and heard in the Chancery Division, Family Part. Actions cognizable in the Family Part shall include all actions and proceedings referenced in Part V of these rules, unless otherwise provided in subparagraph (a)(4) of this rule; all actions and proceedings formerly cognizable in the juvenile and domestic relations court; and all other actions and proceedings unique to and arising out of a family or family-type relationship. , Specific Case Types., The following types of cases shall be filed and heard in the Division and Part as specified: , Name Change., Actions seeking to change the name of an adult and/or minor shall be filed and heard in accordance with applicable provisions of R. 4:72. , Partition., Notwithstanding a family or family-type relationship, if partition is the only relief sought, the matter shall be filed and heard in the Chancery Division, General Equity. If any other form of relief is sought that affects the family or family-type relationship, including but not limited to divorce, termination of domestic partnership, dissolution of civil union, spousal support, child support, custody, parenting time, property distribution or palimony, the matter shall be filed and heard in the Chancery Division, Family Part. , Enforcement of Judgments., Except as otherwise provided in the court rules, all motions or applications to modify or enforce a judgment, regardless of the relief sought, shall be filed and heard in the Division and Part where the judgment was entered. , Parenting Time/Visitation., All parenting time/visitation issues relating to minors shall be filed and heard in the Chancery Division, Family Part. Parenting time/visitation issues related to adults shall be filed and heard in the Chancery Division, General Equity, except that actions seeking visitation of adjudicated incapacitated adults shall be filed and heard in the Chancery Division, Probate Part. , Personal Possessions., If ownership interest or monetary damages pertaining to personal property, including pets, is the only relief sought, the matter shall be filed and heard in the Law Division, Civil Part or Law Division, Special Civil Part. If any other form of relief is sought that affects the family or family-type relationship, including but not limited to divorce, termination of domestic partnership, dissolution of civil union, spousal support, child support, custody, parenting time, property distribution or palimony, the matter shall be filed and heard in the Chancery Division, Family Part. , Ejectment., If ownership interest or monetary damages pertaining to an ejectment is the only relief sought, the matter shall be filed and heard in the Law Division, Civil Part, the Law Division, Special Civil Part, or the Chancery Division, General Equity. If any other form of relief is sought that affects the family or family-type relationship, including but not limited to divorce, termination of domestic partnership, dissolution of civil union, spousal support, child support, custody, parenting time, property distribution or palimony, the matter shall be filed and heard in the Chancery Division, Family Part. , Requests for Transcripts of Closed Family Court Proceedings Made in a Civil Action., Where, in a Civil action, a request is made for a transcript of a Chancery Division, Family Part proceeding deemed closed by court rules, court order or statute, an application shall be filed and heard in the Law Division, Civil Part to determine the disclosure of the Family Part transcript and to establish whether any conditions should be attached to the provision of the transcript. The parties to the Family Part matter shall be provided notice of the application. , Birth Certificates and Marriage Certificates., Applications seeking to alter the name of a parent on a birth certificate shall be filed and heard in the Chancery Division, Family Part if the application is filed on behalf of a minor. Applications for issuance of a vital record in cases in which the Bureau of Vital Statistics declines to act, such as a request for a delayed certificate of birth, shall be filed in the Law Division, Civil Part as an action in lieu of prerogative writ. If the county of venue is unknown, then application may be made to the Civil Division in Mercer County on the basis of convenience to the State Registrar. Otherwise, the action in lieu of prerogative writ shall be filed in the county where the birth or marriage took place. , Post-Judgment Relief Relating to Incapacitated Adult Child of Parents Subject to Family Part Order., An action seeking to modify or enforce the terms of a Chancery Division, Family Part order addressing custody and/or parenting time/visitation of an unemancipated minor child who was later adjudicated incapacitated as defined in N.J.S.A. 3B:1-2 after reaching age 18, shall be filed and heard in the Chancery Division, Probate Part. An action seeking continuation, modification, or enforcement of child support for such a child beyond the age of 23 with a severe physical or mental incapacity that causes the child to be financially dependent on a parent as set forth in N.J.S.A. 2A:17-56.67 shall be filed and heard in the Chancery Division, Family Part pursuant to R. 5 :6-9(g). , Law Division., All actions in the Superior Court except those encompassed by subparagraphs (1), (2), (3), and (4) herein shall be filed and heard in the Law Division, Civil Part or the Law Division, Special Civil Part. , Transfer Between Law and Chancery Division., A motion to transfer an action from one trial division of the Superior Court or part thereof to another, except those actions governed by Part VI of these rules, shall be made within 10 days after expiration of the time prescribed by R. 4:6-1 for the service of the last permissible responsive pleading or, if the action is brought pursuant to R. 4:67 (summary actions), on or before the return date if the action is pending in the Law Division. Unless so made, objections to the trial of the action in the division specified in the complaint are waived, but the court on its own motion may thereafter order such a transfer. Actions transferred shall not be retransferred. The order of transfer shall be filed in triplicate., Note:, Source – R.R. 4:41-2, 4:41-3, 5:1-2. Paragraphs (a) and (b) amended and caption amended July 22, 1983 to be effective September 12, 1983; new paragraph (a) adopted and paragraph (b) amended December 20, 1983 to be effective December 31, 1983; paragraphs (a) and (b) amended November 7, 1988 to be effective January 2, 1989; subparagraph (a)(1) amended, subparagraph (a)(2) recaptioned and adopted, former subparagraphs (a)(2) and (a)(3) redesignated (a)(3) and (a)(4) respectively, and subparagraph (a)(4) amended June 29, 1990 to be effective September 4, 1990; subparagraphs (a)(1), (a)(2) and (a)(3) amended, new subparagraph (a)(4) adopted, and former subparagraph (a)(4) amended and redesignated as subparagraph (a)(5) July 27, 2018 to be effective September 1, 2018; subparagraph (a)(4)(1) amended July 15, 2024 to be effective September 1, 2024. Part 4
- 4:4-5-Summons; Service on Absent Defendants; In Rem or Quasi In Rem Jurisdiction 4:4-5, Methods of Obtaining 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 as required by this rule, be served within the State, service may, consistent with due process of law, be made by any of the following four 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 to absent defendants 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 pursuant to R. 4:26-5(c). 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 of publication to absent defendants required by this rule shall be in the form of a summons, without a caption. The top of the notice shall include the docket number of the action, the court, and county of venue. The notice shall state briefly: the object of the action, the name of the plaintiff and defendant followed by et al., if there are additional parties, the name of the person or persons to whom the notice is addressed, and the basis for joining such person as a defendant; and if the action concerns real estate, the municipality in which the property is located, its street address, if improved, or the street on which it is located, if unimproved, and its tax map lot and block numbers; and if the action is to foreclose a mortgage, tax sale certificate, or lien of a condominium or homeowners association, the parties to the instrument and the date thereof, and the recording date and book and page of a recorded instrument; and the information required by R. 4:4-2 regarding the availability of Legal Services and Lawyer Referral Services together with telephone numbers of the pertinent offices in the vicinage in which the action is pending or the property is located; or as may be provided by court order , Contents of Affidavit of Inquiry., 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., Note:, Source - R.R. 4:4-5(a)(b)(c)(d), 4:30-4(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 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; introductory paragraph amended, paragraph (c) amended, and portion of paragraph (c) relocated as closing paragraph of rule July 9, 2008 to be effective September 1, 2008; introductory paragraph designated as paragraph (a), paragraph (a) caption adopted, former paragraphs (a), (b), and (c) redesignated as subparagraphs (a)(1), (a)(2), and (a)(3), former subparagraphs (c)(1), (c)(2), (c)(3), and (c)(4) redesignated as subparagraphs (a)(3)(A), (a)(3)(B), (a)(3)(C), and (a)(3)(D), former paragraph (d) redesignated as subparagraph (a)(4), concluding paragraph designated as paragraph (b), and paragraph (b) caption adopted July 23, 2010 to be effective September 1, 2010. Part 4
- 4:5-1-General Requirements for Pleadings 4:5-1, Pleadings Allowed., There shall be a complaint and an answer; an answer to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint pursuant to R. 4:8; a third-party answer, if a third-party complaint is served; and a reply, if an affirmative defense is set forth in an answer and the pleader wishes to allege any matter constituting an avoidance of the defense. No other pleading is allowed. , Requirements for First Pleadings., , Case Information Statement., A Case Information Statement in the form prescribed by Appendix XII-B(1) (Civil Actions General) or Appendix XII-B(2) (Foreclosure Actions) shall be annexed as a cover sheet to each party's first pleading in all civil actions except civil commitment actions brought pursuant to Rule 4:74-7, probate actions, and all non-foreclosure general equity actions. , Notice of Other Actions and Potentially Liable Persons., Each party shall include with the first pleading a certification as to whether the matter in controversy is the subject of any other action pending in any court or of a pending arbitration proceeding, or whether any other action or arbitration proceeding is contemplated; and, if so, the certification shall identify such actions and all parties thereto. Further, each party shall disclose in the certification the names of any non-party who should be joined in the action pursuant to R. 4:28 or who is subject to joinder pursuant to R. 4:29-1(b) because of potential liability to any party on the basis of the same transactional facts. Each party shall have a continuing obligation during the course of the litigation to file and serve on all other parties and with the court an amended certification if there is a change in the facts stated in the original certification. The court may require notice of the action to be given to any non-party whose name is disclosed in accordance with this rule or may compel joinder pursuant to R. 4:29-1(b). If a party fails to comply with its obligations under this rule, the court may impose an appropriate sanction including dismissal of a successive action against a party whose existence was not disclosed or the imposition on the noncomplying party of litigation expenses that could have been avoided by compliance with this rule. A successive action shall not, however, be dismissed for failure of compliance with this rule unless the failure of compliance was inexcusable and the right of the undisclosed party to defend the successive action has been substantially prejudiced by not having been identified in the prior action. , Certification of Compliance with Rule 1:38-7(c)., The first filed pleading of any party in an action in the Chancery Division, General Equity Part, the Chancery Division, Probate Part, or in the Law Division, Special Civil Part shall include a certification of compliance as required in R. 1:38-7(c) that states, "I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)." , Designation of Trial Counsel., Designation of trial counsel may be made in the party's first pleading. If trial counsel is not designated in the pleading, designation shall be made as required in R. 4:25-4., Note:, Source-R.R. 4:7-1; amended July 26, 1984 to be effective September 10, 1984; caption and text amended November 26, 1990 to be effective April 1, 1991; paragraph (c) added July 13, 1994 to be effective September 1, 1994; paragraph (b)(2) amended July 10, 1998 to be effective September 1, 1998; paragraph (b)(1) amended July 5, 2000 to be effective September 5, 2000; paragraph (b)(1) amended July 9, 2008 to be effective September 1, 2008; paragraph (b)(3) adopted July 16, 2009 to be effective September 1, 2009; paragraph (b)(3) amended June 23, 2010 to be effective July 1, 2010. Part 4
- 4:4-2-Summons: Form 4:4-2 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 and 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 or the Legal Services of New Jersey statewide toll free hotline at 1-888-LSNJ-LAW (1-888-576- 5529). 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 telephone numbers of the Legal Services Office and the Lawyer Referral Office serving each county and the Legal Services of New Jersey statewide toll free hotline at 1- 888-LSNJ-LAW (1-888-576- 5529), 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 September 1, 1994; amended June 28, 1996 to be effective September 1, 1996; amended July 10, 1998 to be effective September 1, 1998; amended July 23, 2010 to be effective September 1, 2010. Part 4
- 4:3-3-Change of Venue in the Superior Court 4:3-3, By Whom Ordered; Grounds., In actions in the Superior Court a change of venue may be ordered by the Assignment Judge or the designee of the Assignment Judge of the county in which venue is laid or by a judge of such county sitting in the Chancery Division, General Equity, or the presiding judge of the Family Part, or the designee of the Assignment Judge for the Special Civil Part, (1) if the venue is not laid in accordance with R. 4:3-2; or (2) if there is a substantial doubt that a fair and impartial trial can be had in the county where venue is laid; or (3) for the convenience of parties and witnesses in the interest of justice; or, (4) in Family Part post-judgment motions, if both parties reside outside the county of original venue and application is made to the court by either party to change venue to a county where one of the parties now resides. , Time; Form of Order; Filing., A motion for a change of venue shall be made not later than 10 days after the expiration of the time prescribed by R. 4:6-1 for the service of the last permissible responsive pleading, or, if the action is brought pursuant to R. 4:67 (summary actions), on or before the return date. If not so made, objections to venue shall be deemed waived except that if the moving party relies on R. 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. The moving party also shall promptly serve on the mediator a copy of the order entered on the motion. , Ex Parte Orders., At any time prior to the filing and service of the first answer by any defendant to the complaint, plaintiff may apply ex parte for an order changing venue to any other county in which venue may be properly laid. The application shall be granted unless it appears that there is good cause for its denial. An order of denial shall state the reasons with specificity., Note:, Source-R.R. 4:3-3. Paragraph (a) amended December 20, 1983 to be effective December 31, 1983; paragraph (a) amended November 1, 1985 to be effective January 2, 1986; paragraph (a) amended and paragraph (c) adopted November 5, 1986 to be effective January 1, 1987; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraph (a) amended June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 9, 2008 to be effective September 1, 2008. Part 4
- 4:3-2-Venue in the Superior Court 4:3-2, Where Laid., Venue shall be laid by the plaintiff in Superior Court actions as follows: (1) actions affecting title to real property or a possessory or other interest therein, or for damages thereto, or appeals from assessments for improvements, in the county in which any affected property is situate; (2) actions not affecting real property which are brought by or against municipal corporations, counties, public agencies or officials, in the county in which the cause of action arose; (3) except as otherwise provided by R. 4:44A-1 (structured settlements), R. 4:53-2 (receivership actions), R. 4:60-2 (attachments), R. 5:2-1 (family actions), R. 4:83-4 (probate actions), and R. 6:1-3 (Special Civil Part actions), the venue in all other actions in the Superior Court shall be laid in the county in which the cause of action arose, or in which any party to the action resides at the time of its commencement, or in which the summons was served on a nonresident defendant; and (4) actions on and objections to certificates of debt for motor vehicle surcharges that have been docketed as judgments by the Superior Court Clerk pursuant to N.J.S.A. 17:29A-35 shall be brought in the county of residence of the judgment debtor. , Business Entity., For purposes of this rule, a business entity shall be deemed to reside in the county in which its registered office is located or in any county in which it is actually doing business. , Exceptions in Multicounty Vicinages., With the approval of the Chief Justice, the assignment judge of any multicounty vicinage may order that in lieu of laying venue in the county of the vicinage as provided by these rules, venue in any designated category of cases shall be laid in any single county within the vicinage., Note:, Source — R.R. 4:3-2. Paragraph (a) amended December 20, 1983 to be effective December 31, 1983. Paragraph (c) adopted January 9, 1984 to be effective immediately; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraph (a) amended June 29, 1990 to be effective September 4, 1990; paragraph (a) amended June 28, 1996 to be effective September 1, 1996; paragraph (a) amended July 28, 2004 to be effective September 1, 2004; paragraph (b) amended August 1, 2016 to be effective September 1, 2016. Part 4
- 4:4-7-Return 4:4-7 The person serving the process shall make proof of service thereof on the original process and on the copy. Proof of service shall be promptly filed with the court within the time during which the person served must respond thereto either by the person making service or by the party on whose behalf service is made. The proof of service, which shall be in a form prescribed by the Administrative Director of the Courts, 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 printout of the electronic confirmation of delivery, which shall include an image of the recipient’s signature, provided by the U.S. Postal Service, or the unclaimed registered or certified mail shall be filed as part of the proof. A party making service by registered or certified mail and simultaneously by regular mail may file a photocopy of the return receipt card in lieu of the original return receipt card as the proof of service but only if the original is unavailable. Failure to 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; amended July 12, 2002 to be effective September 3, 2002; amended July 23, 2010 to be effective September 1, 2010; amended July 19, 2012 to be effective September 4, 2012. Part 4
- 4:5-2-Claim for Relief 4:5-2 Except as may be more specifically provided by these rules in respect of specific actions, a pleading which sets forth a claim for relief, whether an original claim, counter-claim, cross-claim or third-party claim, shall contain a statement of the facts on which the claim is based, showing that the pleader is entitled to relief, and a demand for judgment for the relief to which the pleader claims entitlement. Relief in the alternative or of several different types may be demanded. If unliquidated money damages are claimed in any court, other than the Special Civil Part, the pleading shall demand damages generally without specifying the amount. If a pleading filed in the Special Civil Part states a demand in excess of the amount cognizable in that court, said pleading shall be filed by the clerk for the full cognizable amount and any amount in excess thereof shall be deemed waived unless the action is transferred pursuant to R. 6:4-1. The clerk of the Special Civil Part shall, in any pleading filed that does not set forth a cognizable amount, consider the demand to be for the maximum amount and the maximum filing fee shall be charged. Upon service of a written request by another party, the party filing the pleading shall within 5 days after service thereof furnish the requesting party with a written statement of the amount of damages claimed, which statement shall not be filed except on court order., Note:, Source-R.R. 4:8-1. Amended December 20, 1983 to be effective December 31, 1983; amended November 5, 1986 to be effective January 1, 1987; amended July 13, 1994 to be effective September 1, 1994. Part 4
- Passaic Arbitration Calendar Week 3
- Passaic Arbitration Calendar Week 1
- Passaic Arbitration Calendar Week 2
- How to Appeal a Trial Court, Tax Court or State Agency Decision CN: 10837
- 4:37-2-Involuntary Dismissal; Effect Thereof 4:37-2, For Failure to Comply With Rule or Order., For failure of the plaintiff to cause a summons to issue within 15 days from the date of the Track Assignment Notice or to comply with these rules or any order of court, the court in its discretion may on defendant's motion dismiss an action or any claim against the defendant. Such a dismissal shall be without prejudice unless otherwise specified in the order. , At Trial-Generally., After having completed the presentation of the evidence on all matters other than the matter of damages (if that is an issue), the plaintiff shall so announce to the court, and thereupon the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal of the action or of any claim on the ground that upon the facts and upon the law the plaintiff has shown no right to relief. Whether the action is tried with or without a jury, such motion shall be denied if the evidence, together with the legitimate inferences therefrom, could sustain a judgment in plaintiff's favor. , At Trial-Claim for Contribution., When a claim for contribution has been asserted pursuant to R. 4:7-5, a motion for dismissal as to any defendant against whom such claim has been asserted shall be held in abeyance until the close of all the evidence, and at that time the granting of the motion shall constitute an adjudication upon the merits of the claim for contribution. If the motion is denied, the claim for contribution need not be separately submitted to the jury but the verdict as to the liability of each defendant shall determine which of the parties are joint tort feasors. If the amount of the contribution of each defendant may be determined as a matter of law, the judge shall enter judgment thereon at the request of any party. If any party asserts any settlement or part payment or other matter not determined in the negligence action which may affect the amount of the contribution, and there is a dispute as to any material fact, a separate trial shall be held to determine the same. , Dismissal With Prejudice; Exceptions., Unless the order of dismissal otherwise specifies, a dismissal under R. 4:37-2(b) or (c) and any dismissal not specifically provided for by R. 4:37, other than a dismissal for lack of jurisdiction, operates as an adjudication on the merits. , Continued Participation in Subsequent Proceedings., If a claim is dismissed as to a defendant before final judgment as to all issues and all parties, that defendant shall have notice of and the right to participate in any subsequent proceedings in the case. , Note:, Source-R.R. 4:12-2(a)(b) (first four sentences), 4:13-6(b)(2); paragraph (c) caption and text amended January 16, 1975 to be effective April 1, 1975; paragraph (e) adopted July 17, 1975 to be effective September 8, 1975; paragraphs (a), (b) and (e) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended November 1, 2002 to be effective immediately. Part 4
- 4:36-3-Trial Calendar 4:36-3, Notice of Trial., The court shall advise all parties of the initial trial date no less than ten weeks prior thereto. Cases scheduled for trial shall be ready to proceed on the initial trial date. If a case is not reached during the week in which the trial date falls, it shall be forthwith scheduled for a date certain after consultation with counsel provided, however, that no case shall be relisted for trial sooner than four weeks from the initial trial date without agreement by all counsel. The court shall issue written notice confirming the new trial date. , Adjournments, Generally., An initial request for an adjournment for a reasonable period of time to accommodate a scheduling conflict or the unavailability of an attorney, a party, or a witness shall be granted if made timely in accordance with this rule. The request shall be made in writing stating the reason for the request and that all parties have consented thereto. The written adjournment request, which shall be submitted to the civil division manager, shall also include a proposed trial date, agreed upon by all parties, to occur as soon as possible after the problem requiring the adjournment is resolved. If consent cannot be obtained or if a second request is made, the court shall determine the matter by conference call with all parties. Requests for adjournment should be made as soon as the need is known but in no event, absent exceptional circumstances, shall such request be made later than the close of business on the Wednesday preceding the Monday of the trial week. No adjournments shall be granted to accommodate dispositive motions returnable on or after the scheduled trial date. , Adjournments, Expert Unavailability., If the reason stated for the initial request for an adjournment was the unavailability of an expert witness, no further adjournment request based on that expert's unavailability shall be granted, except upon a showing of exceptional circumstances, but rather that expert shall be required to appear in person or by videotaped testimony taken pursuant to R. 4:14-9 or, provided all parties consent, the expert's de bene esse deposition shall be read to the jury in lieu of the expert's appearance. If appropriate, given the circumstances of the particular case, the court may order that no further adjournments will be granted for the failure of any expert to appear. , Note:, Adopted July 5, 2000 to be effective September 5, 2000; corrective amendment to paragraph (c) adopted September 12, 2000 to be effective immediately; paragraph (c) amended July 12, 2002 to be effective September 3, 2002; paragraph (a) amended July 27, 2006 to be effective September 1, 2006. Part 4
- 4:37-1-Voluntary Dismissal; Effect Thereof 4:37-1, By Plaintiff; By Stipulation., Subject to the provisions of R. 4:32-2(e) (class actions), R. 4:53-1 (receivership actions) and R. 4:60-18 (attachment actions), an action may be dismissed by the plaintiff without court order by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs; or by filing a stipulation of dismissal specifying the claim or claims being dismissed, signed by all parties who have appeared in the action. Unless otherwise stated in the notice or stipulation, the dismissal is without prejudice. , By Order of Court., Except as provided by paragraph (a) hereof, an action shall be dismissed at the plaintiff's instance only by leave of court and upon such terms and conditions as the court deems appropriate. If a counterclaim has been filed and served by a defendant prior to being served with plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice. , Note:, Source -- R.R. 4:42-1(a)(b); paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended August 1, 2006 to be effective September 1, 2006. Part 4