6:2-2. Process; Filing and Issuance
- (a) Delivery to Clerk; Issuance. The plaintiff shall, when filing the complaint, furnish the clerk in tenancy actions with the summons to be issued and in all other actions with page 2 of the summons as set forth in Appendices XI-A(1) and (2) to these Rules, and two copies with the complaint annexed for each defendant, together with two additional copies for each mentally incapacitated defendant. The clerk shall issue the summons except as otherwise provided by law and, in tenancy actions, shall attach to the summons and complaint for service on each defendant English and Spanish copies of the announcement contained in Appendix XI-S to these rules. Original process shall issue out of the court and shall require an answer or an appearance at a specific time.
- (b) Non-resident Defendants; Filing. If no defendant can be served with process within this State, the plaintiff may file the complaint with the clerk of the Special Civil Part of the county in which the subject transaction or occurrence took place.