1:5-6. Filing
(a) ...no change.
(b) ...no change.
(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, the Confidential Litigant Information Sheet as required by R.
5:4-2(g) in the form prescribed in Appendix XXIV, or the Affidavit or Certification
of Notification of Complementary Dispute Resolution Alternatives as required by
R. 5:4-2 (h) in the form prescribed in Appendix XXVII-A or XXVII-B of these rules;
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; or
(E) a certification of title search as required by R. 4:64-1(a).
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) if an answer is presented by a defendant against whom default has
been entered other than in a mortgage or tax foreclosure action, 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.
(4) a paper shall be returned stamped "Received but not Filed (date)" if
it does not conform to the requirements of R. 1:4-9 with notice that if the
document is retransmitted on conforming paper within 10 days after the date of
the clerk's notice, filing will be deemed to have been made on the stamped
receipt date.
(d) ...no change
(e) ...no change
