New Jersey Rules of Civil Procedure

New Jersey's rules for serving a summons and complaint are in the New Jersey Court Rules, mainly Rule 4:4 (Process). Subpoenas are covered by Rule 1:9.

New Jersey doesn't license process servers. Any competent adult who has no direct interest in the case can serve a summons.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current rules on the New Jersey Courts Rules of Court page or ask an attorney before relying on it.

New Jersey process servers

• Become a process server in New Jersey
• Hire a process server in New Jersey

Quick facts: process serving in New Jersey

• Who can serve: The sheriff, a person specially appointed by the court, the plaintiff's attorney or the attorney's agent, or any competent adult without a direct interest in the case (R. 4:4-3(a)).
• Licensing: New Jersey has no process server license.
• Deadline to serve: Rule 4:4 doesn't set a fixed number of days to serve. Cases that sit without service can be dismissed, so serve promptly.
• Substituted service: Leave the papers at the person's home with a competent household member who is 14 or older and lives there (R. 4:4-4(a)(1)).
• Proof of service: Filed with the court within the time the defendant has to respond, stating who was served and the place, mode and date of service (R. 4:4-7).
• Time to respond: 35 days after service in most civil cases (R. 4:6-1(a)).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across New Jersey. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job. That makes it easier to describe your good-faith attempts, which New Jersey requires before mail service.

Register for ServeManager

Do you need a license to serve process in New Jersey?

No. New Jersey doesn't license or register process servers. Under R. 4:4-3(a), any competent adult who doesn't have a direct interest in the case can serve a summons and complaint. Writs and process to enforce a judgment are served by the sheriff unless the court orders otherwise.

For a step-by-step guide, see Become a Process Server in New Jersey.

How to serve a summons in New Jersey

The summons must be served with a copy of the complaint. Personal service in New Jersey is the main way to get jurisdiction over a defendant (R. 4:4-4(a)).

Personal service: R. 4:4-4(a)(1)

The server delivers a copy of the summons and complaint to the person, if they are competent and 14 or older, or to someone authorized by appointment or by law to accept service for them.

Household service: R. 4:4-4(a)(1)

The server leaves a copy at the person's dwelling or usual place of abode with a competent member of the household who is 14 or older and lives there. The proof of service must give that person's name, or a description if the name can't be found out.

Minors and incompetent persons: R. 4:4-4(a)(2)-(3)

A minor under 14 is served through a parent or guardian, or a competent adult member of the household where the minor lives. An incompetent person is served through their guardian, a competent adult member of their household, or the director of the institution where they live.

Mail after a good-faith attempt: R. 4:4-3(a)

If personal service can't be made after a reasonable, good-faith attempt, service can be made by registered or certified mail, return receipt requested, to the defendant's usual place of abode. It can also go to their place of business or employment, marked deliver to addressee only. The attempt must be described in detail in the proof of service.

If the defendant refuses or doesn't claim the certified mail, service can be made by ordinary mail. You can send certified and ordinary mail at the same time. If the certified mail is refused and the ordinary mail isn't returned, the ordinary mailing counts as service.

Optional mailed service: R. 4:4-4(c)

Instead of personal service, the plaintiff can mail the summons and complaint by registered, certified or ordinary mail. This only works if the defendant answers or otherwise appears. If they don't respond within 60 days, the plaintiff must serve them another way.

Service outside New Jersey: R. 4:4-4(b)(1)

If an affidavit shows that personal service in New Jersey can't be made despite diligent effort, the defendant can be served:

• In another state, the same way as in New Jersey, by a public official who serves civil process there, an attorney, or a person the court specially appoints
• Outside the U.S., under any governing treaty such as the Hague Service Convention
• By registered or certified mail, return receipt requested, and ordinary mail at the same time

Court-ordered service: R. 4:4-4(b)(3)

If no method in the rule works, the court can order another method that is consistent with due process.

Service by publication: R. 4:4-5

In cases about property in New Jersey, or in family cases, a defendant who can't be served in the state after diligent inquiry can be served by publishing a notice once in a newspaper in the county where the case is filed. A copy of the notice and complaint must be mailed to the defendant within 7 days after publication, unless their address can't be found. The person making the inquiry files an affidavit describing it in detail.

Serving businesses and other entities

• Corporations (R. 4:4-4(a)(6)): Serve any officer, director, trustee, managing or general agent, or registered agent. You can also serve the person in charge at the registered office, or, if none of those work, the person in charge at the main place of business in New Jersey.
• Partnerships and unincorporated associations (R. 4:4-4(a)(5)): Serve an officer or managing agent, or for a partnership, a general partner.
• The State of New Jersey (R. 4:4-4(a)(7)): Serve the Attorney General or their designee, in person or by mail. A default can't be entered unless the State was served in person.
• Other public bodies (R. 4:4-4(a)(8)): Serve the presiding officer, clerk or secretary.

Look up registered agents with the New Jersey business records search.

Serving a subpoena in New Jersey

Subpoenas are issued and served under Rule 1:9. For a deposition, a New Jersey resident can only be required to attend in the county where they live, work or do business, unless the court orders otherwise. The party that subpoenas a witness for a deposition must reimburse the witness's out-of-pocket expenses and lost pay (R. 4:14-7).

A subpoena for documents in discovery must be served on the witness and all parties at least 10 days before the deposition date.

Proof of service

Under R. 4:4-7, the person who serves the papers makes proof of service and files it with the court within the time the defendant has to respond. A copy goes to the plaintiff's attorney.

• The proof states the name of the person served and the place, mode and date of service.
• For household service, it names or describes the person who took the papers.
• A server other than a sheriff or court appointee proves service by affidavit, including the facts of their diligent inquiry into the defendant's home, business or job.
• For mail service, the proof includes why personal service failed and, for certified mail, the return receipt or the unclaimed envelope.

Failing to file proof doesn't make the service invalid. The server can file an amended proof within the same time (R. 4:4-8).

Hire a New Jersey process server

Find process servers in New Jersey in the ServeNow New Jersey directory.

More New Jersey resources

• Become a Process Server in New Jersey
• Courts in New Jersey
• New Jersey Rules of Court (New Jersey Courts)

This page is a general overview of New Jersey law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.