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Thread: Process Server Laws: New Jersey

  1. #1
    Darin Biddle's Avatar
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    Licensing Law: New Jersey

    RULE 1:5. SERVICE AND FILING OF PAPERS

    1:5-1. 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.

    Note: Source-R.R. 3:11-4(a), 4:5-1. Paragraph (a) amended July 16, 1979 to be effective September 10, 1979; paragraph (b) amended July 13, 1994 to be effective September 1, 1994.

    1:5-2. 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, to the party's last known address; or if the party refuses to claim or to accept delivery, by ordinary mail to the last known address; or if no address is known, 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 shall be recited in the proof of service required by R. 1:5-3. Where mailed service is made upon a party, the modes of service may be made simultaneously.

    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.

    1:5-3. Proof of Service

    Proof of service of every paper referred to in R. 1:5-1 may be made (1) by an acknowledgment of service, signed by the attorney for a party or signed and acknowledged by the party, or (2) by an affidavit of the person making service, or (3) 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. 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.

    1:5-4. Service by Mail or Courier: When Complete

    (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. If the addressee fails or refuses to claim or to accept delivery of certified or registered mail, the ordinary mailing shall be deemed to constitute service.

    (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.

    1:5-5. 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.

    1:5-6. Filing

    (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 theSuperior 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) or the Parents Education Program registration fee required by N.J.S.A. 2A:34-12.2.

    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 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.

    (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.

    Note: Source-R.R. 1:7-11, 1:12-3(b), 2:10, 3:11-4(d), 4:5-5(a), 4:5-6(a) (first and second sentence), 4:5-7 (first sentence), 5:5-1(a). Paragraphs (b) and (c) amended July 14, 1972 to be effective September 5, 1972; paragraph (c) amended November 27, 1974 to be effective April 1, 1975; paragraph (b) amended November 7, 1988 to be effective January 2, 1989; paragraph (b) amended June 29, 1990 to be effective September 4, 1990; paragraph (c) amended November 26, 1990 to be effective April 1, 1991; paragraphs (b) and (c) amended, new text substituted for paragraph (d) and former paragraph (d) redesignated paragraph (e) July 13, 1994 to be effective September 1, 1994; paragraph (b)(1) amended, new paragraph (b)(2), adopted, paragraphs (b)(2), (3), (4), (5) and (6) redesignated paragraphs (b)(3), (4), (5), (6) and (7), and newly designated paragraph (b)(4) amended July 13, 1994 to be effective January 1, 1995; paragraphs (b)(1),(3) and (4) amended June 28, 1996 to be effective September 1, 1996; paragraph (b)(4) amended July 10, 1998 to be effective September 1, 1998; paragraph (c) amended July 5, 2000 to be effective September 5, 2000.

    1:5-7. Non-military Affidavit

    An affidavit of non-military service of each defendant, male or female, when required by law, shall be filed before entry of judgment by default against such defendant. Such affidavit may be included as part of the affidavit of proof.
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  2. #2
    Michael Harris is offline Lifetime Professional Management Member

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    Question

    Darin,

    Did I read the New Jersey Process Server Law correctly? There is no licensing requirement.
    Michael E. Harris

    Badge #6718

  3. #3
    Robert Munson's Avatar
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    I took the following statement from this website:

    http://www.statewide-subpoena.com/reliability.html

    Under state law, papers that originate in New Jersey can be served seven days a week, 24 hours a day. To serve, one has to be 18 years old, a state resident and have no criminal record. There is not license for servers, though there is currently a bill in the State Senate seeking to create one.

    I have not been able to find anything about the state senate creating a law about it as of yet.

  4. #4
    Michael Harris is offline Lifetime Professional Management Member

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    Robert,

    You were able to find more than I was. Thanks for the update and the link.

  5. #5
    Robert Munson's Avatar
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    Glad I was able to help a little at least

  6. #6
    Michael Harris is offline Lifetime Professional Management Member

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    Robert,

    Helping each other is one of the nice features in the forums.

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    It is a pleasure to be able to find the answers to my questions, quite often without having to ask them, and just look for it. Great job everyone, I hope to be able to contribute more as I gain experience and "time in service" here.

    regards,
    Larry

  8. #8
    Ervin Sims's Avatar
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    Re: Process Server Laws: New Jersey

    thank you ervin

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    Re: Process Server Laws: New Jersey

    what are the steps to becoming a process server? who do i contact

  10. #10
    Robert Munson's Avatar
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    Re: Process Server Laws: New Jersey

    Quote Originally Posted by Yasmeen Slater View Post
    what are the steps to becoming a process server? who do i contact
    I believe your local Court House. They should be able to give you the information you need from there.

  11. #11
    Wardy Landrau - -'s Avatar
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    Thumbs up Re: Process Server Laws: New Jersey

    Good Evening

    Everybody I was just looking in to that web site for Process Server but i see their nothing in to the laws how to get licenses is their some other type of web I need to go.





    Wardy R landrau

  12. #12
    Frank Gary's Avatar
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    Re: Process Server Laws: New Jersey

    Count me in

  13. #13
    Danny Guda's Avatar
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    Re: Process Server Laws: New Jersey

    Court County Clerks Office at your state.

    have a great day
    dannyguda

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