Last amended September 1, 1994 · Current through September 1, 2026 · Last verified September 8, 2026
In one sentenceRule 5:4-1 governs process in family actions, applying the ordinary civil summons to most cases while requiring a different summons in summary actions that tells the defendant to appear on a set date.
(a)Summons Generally. Except as otherwise provided by these rules with respect to a specific family action and except as otherwise provided by paragraph (b) of this rule, the summons in all civil family actions shall be in the form prescribed by R. 4:4-2 and shall be served in accordance with R. 4:4.
(b)Summons, Summary Family Actions. In every family action required or permitted by law or rule to proceed summarily, a summons shall issue either in addition to or in lieu of an order to show cause. The summons shall comply with the requirements of R. 4:4-2 except that in lieu of requiring an answer it shall notify the defendant to appear at the time, date and place therein set forth to answer the complaint, a copy of which shall be annexed thereto. It shall also notify the defendant that unless the defendant appears at the date, time and place set forth an order may be entered by default and, if appropriate, that a warrant may issue to compel the defendant's appearance. The summons shall be served in accordance with R. 4:4.
(c)Warrant. In criminal and quasi-criminal actions, the provisions of R. 3:3 insofar as applicable shall apply. A warrant may also issue where provided by rule or otherwise appropriate to compel appearance.
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) 4:78-1, 5:4-2(a), 5:4-3. Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b) amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
In an ordinary civil family action the summons takes the form prescribed by the civil rules and is served under them.
Summary actions work differently, because there is no answer period to wait out. A summons issues either in addition to or instead of an order to show cause, and instead of requiring an answer it tells the defendant to appear at a stated time, date and place to answer the complaint, a copy of which is attached. It must also warn the defendant that failing to appear may result in an order by default and, where appropriate, a warrant to compel appearance.
In criminal and quasi-criminal matters the criminal process rules apply so far as applicable, and a warrant may issue where a rule provides for one or it is otherwise appropriate to compel appearance.
Frequently Asked Questions
How is a summary family action started?
With a summons that issues in addition to or in lieu of an order to show cause. Rather than requiring an answer, it directs the defendant to appear at a set time, date and place, with a copy of the complaint annexed.
What must the summary summons warn the defendant about?
That unless the defendant appears as directed, an order may be entered by default and, if appropriate, a warrant may issue to compel appearance.
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. 5:4-1). 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:summonsprocessorder to show causeservice