Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, March 17, 2009

4:4-3. By Whom Served; Copies

(a) Generally. Summonses and writs 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 a person otherwise authorized by these rules. The plaintiff shall furnish the person making service with the summons and as many copies thereof, each with a copy of the complaint annexed, as there are persons to be served, and in Superior Court actions, with one additionally copy of the summons. Wherever service by mail is permitted by these rules, such mailing may be made b the attorney or a party appearing pro se. Return of service shall be made as providing by R. 4:4-7.

(b) Failure of Sheriff's Service. If the sheriff has returned the summons and complaint to plaintiff or plaintiff's attorney unserved or if 40 days have elapsed after transmittal, by mailing or hand delivery, of the summons and complaint to the sheriff without plaintiff or plaintiff's attorney having received a sheriff's return of service, service may be made within this State (1) personally, by plaintiff's attorney or the attorney's agent or any other competent adult not having a direct interest in the litigation, or (2) by mailing a copy of the summons and complaint by registered or certified mail, return receipt requested, to the usual place of abode of the defendant or a person authorized by rule or 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 addressed 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. Return of service shall be made as provided by R. 4:4-7. Mail may be addressed to a post office box in lieu of a street address only as provided by R. 1:5-2.