Last amended September 1, 1996 · Current through September 1, 2026 · Last verified September 8, 2026
In one sentenceRule 5:12-2 requires process in a Division action to be served at least ten days before the return day, and sets out in detail the diligent inquiry that lets the court proceed when a parent cannot be found.
(a)Summons or Order to Show Cause. Process shall be by Summons or Order to Show Cause served in accordance with R. 4:4-4 no less than ten days prior to the return day therein or such other times as the court may fix or as otherwise required by law.
(b)Affidavits. Where it appears to the court by Affidavit of Diligent Inquiry filed in the action that any proper party, including a legal or putative parent, cannot be located, the court shall assume jurisdiction and proceed to summarily hear the matter. Prior thereto inquiry shall have been made of the nearest relatives of said party, and if such inquiry is unsuccessful, then of all persons known to be connected with the said party by marriage or in business, or of all persons whom the person making the inquiry has reason to believe, possess knowledge of the residence or post office address of the party. The inquiry may be made in person or letter, enclosing postage for the return of an answer, and shall describe the nature of the action that has been or is about to be commenced, and that the object of the inquiry is to give the party notice of such action and that the party may appear and be heard. The person who has made the inquiry shall file an affidavit setting forth the nature of the inquiry and its result, fully specifying the inquiry made, of what persons and in what manner, so that by the facts therein it may appear that the inquiry was made in good faith and for the purpose of effecting actual notice to the party; if the affidavit shall disclose that the inquiry has elicited information of the residence or post office address of the party, it shall state why personal service of process cannot be made and be accompanied by an affidavit of the person furnishing such information, disclosing the affiant's knowledge of such residence or post office address, if such affidavit can be obtained. If it appears that the party resides outside the state and process has been served within this state, an affidavit must be filed stating the circumstances under which the party was served. The court in its discretion and having due regard for the expeditious disposition of the matter, may require such additional inquiries as it believes may be fruitful and serve the interest of justice.
End
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
Note: Source--R. (1969) 5:7A-2(a)(b). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended June 28, 1996 to be effective September 1, 1996.
Plain-English Summary
Process is by summons or order to show cause, served under the civil rules no less than ten days before the return day — or at such other time as the court fixes or the law requires.
The rest of the rule is about the parent who cannot be located, and it is unusually specific because the consequence is unusually serious: the court will proceed without them. An Affidavit of Diligent Inquiry lets the court assume jurisdiction and hear the matter summarily — but only after real inquiry has been made of the party's nearest relatives, and failing that of everyone known to be connected with them by marriage or business, and of anyone the inquirer has reason to think knows their address.
The inquiry may be made in person or by letter enclosing return postage, and it must describe the nature of the action and say that its object is to give the party notice so they may appear and be heard. The affidavit then sets out the nature and result of the inquiry, fully specifying what was asked, of whom, and how, so the court can see it was made in good faith and aimed at actual notice. If an address was in fact discovered, the affidavit must explain why personal service cannot be made and be accompanied by an affidavit from the person who supplied the information. The court may require further inquiries where it thinks they might be fruitful.
Frequently Asked Questions
How much notice is required in a Division case?
Process must be served no less than ten days prior to the return day, or at such other time as the court may fix or as otherwise required by law.
What happens if a parent cannot be located?
Where an Affidavit of Diligent Inquiry shows a proper party including a legal or putative parent cannot be located, the court assumes jurisdiction and proceeds to hear the matter summarily.
What counts as diligent inquiry here?
Inquiry of the party's nearest relatives, and if unsuccessful of all persons known to be connected with them by marriage or in business, or anyone the inquirer has reason to believe knows their residence or post office address — described in an affidavit specifying what was asked, of whom, and in what manner.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:12-2). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. ·
Official source
Also known as:service DCPPaffidavit of diligent inquirymissing parentorder to show cause child protection