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Civil procedure

summons and complaint

The defendant in a lawsuit must be served (delivered) a summons or citation (an order from the court to appear and answer the lawsuit) and a copy of the lawsuit (the complaint) (1) to provide due process (fairness) by giving the defendant notice of the lawsuit and the opportunity to appear in court and defend the lawsuit; and (2) to give the court personal jurisdiction (authority) over the defendant.

In New Jersey, the process of serving a defendant with a summons and a copy of the complaint is governed by the New Jersey Rules of Court, specifically Rule 4:4. This rule requires that a defendant in a lawsuit be properly served in order to provide due process, ensuring the defendant is informed of the legal action and has an opportunity to respond and defend themselves in court. Service of process can be accomplished through various methods, including personal delivery to the defendant, leaving the documents with a suitable person at the defendant's residence or place of business, or mailing the documents by certified mail. Additionally, if the defendant cannot be served through these standard methods, the court may allow service by publication or other means. Proper service of process is also necessary for the court to establish personal jurisdiction over the defendant, which is the court's authority to make legal decisions affecting the defendant's rights.

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Civil procedure

summons and complaint

Individual & Family Legal Plan

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New-Jersey State Code

New-Jersey State Code

Civil procedure

summons and complaint

Articles