Rule 1:5-6. Filing REVISED
(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), R. 4:42-1(e) (orders and judgments), and R. 5:5-4
(motions in Family actions), 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 a dissolution action, 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 the Superior 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.
(8) In actions in the Municipal Courts, as provided by Part VII 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 Appendices XII-B1 or XII-B2 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 Affidavit of Verification and Non-Collusion as required by R. 5:4-2(c), the Confidential
Litigant Information Sheet as required by R. 5:4-2(g) in the form prescribed by the
Administrative Director of the Courts, 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 the kinship caregiver
assessment required in the kinship legal guardianship petition pursuant to N.J.S.A.
3B:12A-5(b); in non-dissolution actions, a verified complaint/counterclaim form or a
completed supplemental form appended to a non-conforming complaint as required by R.
5:4-2(i); 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)(1) and the
certifications of diligent inquiry and of accuracy as required by R. 4:64-1(a)(2) and (3).
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, 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) 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.
