Rule 5:4-4.Service of Process in Family Part Summary Actions: Initial Complaints and Applications...

Last amended April 27, 2026 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:4-4 governs service in Family Part summary actions, authorizing a simultaneous certified-and-ordinary mail program that carries the force of personal service, listing the postal markings that defeat it, and prescribing diligent inquiry where a party cannot be found.

Full Text of Rule 5:4-4

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(a) Manner of Service. Service of process within this State for Family Part summary actions, including initial complaints and counterclaims, applications and cross-applications for post-dispositional relief, and all supporting documents including Financial Statements and Case Information Statements, shall be made in accordance with R. 4:4-4, R. 5:9A-2, or paragraph (b) of this rule. For initial complaints, substituted or constructive service of process outside this State may be made pursuant to the applicable provisions in R. 4:4-4 or R. 4:4-5. Family Part summary actions shall include all non-dissolution initial complaints and counterclaims; applications and cross-applications for post-dispositional relief; applications for post-dispositional relief under the Prevention of Domestic Violence Act; and all kinship legal guardianship actions. Applications for post-dispositional relief shall replace motion practice in Family Part summary actions. The court in its discretion, or upon application of either party, may expand discovery, enter an appropriate case management order, or conduct a plenary hearing on any matter.

(b) Service by Mail Program. Service of process for Family Part summary actions may be effected as follows:

(1) Service by Mail. The Family Part shall mail all documents filed by the parties including the initial complaint, counterclaim, applications, cross-applications, and all supporting documents including Financial Statements and Case Information Statements, simultaneously by both certified and ordinary mail to the mailing address of the adverse party provided by the filing party.

(2) Effective Service. Consistent with due process of law, service by mail pursuant to this rule shall have the same effect as personal service, and the simultaneous mailing shall constitute effective service unless there is no proof that the certified mail was received, or either the certified or the regular mail is returned by the postal service marked “moved, unable to forward,” “addressee not known,” “no such number/street,” “insufficient address,” “forwarding order expired,” or the court has other reason to believe that service was not effected. Process served by mail may be addressed to a post office box. Where process is addressed to the adverse party at that person's place of business or employment, with postal instructions to deliver to addressee only, service will be deemed effective only if the signature on the return receipt appears to be that of the adverse party to whom process was mailed.

(3) Ineffective Service. If service cannot be effected by mail or by other means permitted by court rules, the court shall dismiss the complaint or application for post-dispositional relief without prejudice, subject to reinstatement retroactive to the original filing date if service is subsequently effected.

(4) Affidavit or Certification of Non-Military Service. For initial complaints, no order shall be entered by default until an affidavit or certification of non-military service, as prescribed in R. 1:5-7, is provided to the court. The forms and procedures to implement this rule shall be prescribed by the Administrative Director of the Courts.

(5) Vacating Defaults. If process is returned to the court by the postal service subsequent to entry of default and the certified mail receipt displays any of the notations listed in the paragraph (b)(2) of this Rule, or another reason exists to believe that service was not effected, the court shall vacate the order entered by default, immediately notify the filing party or the attorney of the action taken, and reinstitute efforts to serve the adverse party either by mail or personally. The adverse party may, at any time after an order has been entered by default based on mailed service, file a motion or an application for post-dispositional relief, requesting that an order be vacated or modified based on the fact that the adverse party was not served with process prior to entry of the order. A party alleging that process was not received must show that the address to which process was directed was not that person's address at the time that the order was entered. Upon such a showing, the court may conduct a hearing to determine whether the order should be modified or vacated.

(1) For purposes of initial complaints or upon the filing of any application for post-dispositional relief in a Family Part summary action, where the adverse party cannot be located, the filing party must provide the last known home address and demonstrate, through diligent inquiry, that no current address is known for the adverse party. Where it appears to the court by affidavit or certification of diligent inquiry filed by the filing party that the adverse party cannot be located, the court may proceed to hear the matter. For initial complaints, nothing in this rule shall prohibit the court from ordering substituted service by publication in accordance with R. 4:4-5(a)(3).

(2) Such diligent inquiry efforts by the filing party should include, as appropriate, inquiries to the relatives and last known employers of the person, the U.S. Postal Service, the NJ Motor Vehicle Commission or the motor vehicle agency of the State where the person was last known to be living, and the United States Department of Defense. The affidavit or certification of diligent inquiry must be in the form as determined by the Administrative Director of the Courts.

(3) Vacating default orders shall be in accordance with paragraph (b)(5) of this rule. This request can be made by the filing of a motion or application for post-dispositional relief by a party or, by the court, on its own motion, during any enforcement proceeding. The party alleging that process was not received must demonstrate proof that the home address at the time the notice was sent was not that party's correct home address. The court may conduct a hearing, as it deems necessary, to determine if the order should be modified or vacated.

(d) Enforcement of a Support Order. For purposes of enforcing a support provision in an order or judgment, the court may deem due process requirements for notice and service of process to have been met with respect to the obligor on delivery of written notice to the most recent residential or employer address. If the obligor fails to respond to the notice and no proof is available that the obligor received the notice, the party bringing the enforcement action must show that diligent efforts have been made to locate the obligor by making inquiries to the U.S. Postal Service, the Motor Vehicle Commission, the Department of Labor, and the Department of Corrections. A certification documenting unsuccessful efforts to locate the obligor shall be provided to the court before any action adverse to the obligor is taken based on failure of the obligor to respond to a notice.

(e) General Appearance; Acknowledgment of Service. For initial complaints, a general appearance or an acceptance of the service of a summons, signed or acknowledged on the record by defendant's attorney, or signed and acknowledged by defendant or by a competent adult in defendant's household, or as otherwise provided in R. 4:4-4, shall have the same effect as if defendant had been properly served.

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: Adopted July 10, 1998 to be effective September 1, 1998; paragraph (b) amended July 28, 2004 to be effective September 1, 2004; new paragraph (b)(4) adopted, former paragraph (b)(4) redesignated as paragraph (b)(5), and paragraph (c) amended June 15, 2007 to be effective September 1, 2007; caption amended, paragraph (a) amended, paragraph (b) caption and introductory text amended, subparagraph (b)(1) caption and text amended, subparagraph (b)(2), (b)(3), (b)(4) and (b)(5) text amended, new paragraph (c) caption and text adopted, former paragraph (c) redesignated as paragraph (d), former paragraph (d) redesignated as paragraph (e) and amended July 21, 2011 to be effective September 1, 2011; subparagraph (c)(1) amended July 29, 2019 to be effective September 1, 2019; paragraph (a) and subparagraph (b)(1) amended July 31, 2025 to be effective September 1, 2025; paragraph (a) and subparagraph (b)(1) amended April 27, 2026 to be effective immediately.

Plain-English Summary

Summary actions cover a lot of ground: non-dissolution complaints and counterclaims, applications for post-dispositional relief, applications under the Prevention of Domestic Violence Act, and kinship legal guardianship actions. In these, applications for post-dispositional relief replace motion practice.

The court itself does the mailing. It sends everything filed — complaint, counterclaim, applications and supporting financial statements — simultaneously by certified and ordinary mail. That simultaneous mailing has the same effect as personal service, unless there is no proof the certified mail was received, or either mailing comes back marked moved and unable to forward, addressee not known, no such number or street, insufficient address, or forwarding order expired — or the court otherwise has reason to think service failed. Mail to a business address marked for delivery to addressee only is effective only if the signature appears to be the party's.

When service fails the complaint is dismissed without prejudice, subject to reinstatement retroactive to the original filing date once service is made. Where a party cannot be located, the filing party must give the last known address and show diligent inquiry — the rule suggests relatives, last known employers, the Postal Service, motor vehicle agencies and the Department of Defense. Defaults entered on mailed service can be vacated, and a party claiming non-receipt must show the address used was not theirs at the time.

Frequently Asked Questions

How is a non-dissolution application served in New Jersey?

The Family Part mails the filed documents simultaneously by certified and ordinary mail to the address the filing party provides. That mailing has the same effect as personal service.

What postal markings defeat service by mail?

Moved, unable to forward; addressee not known; no such number or street; insufficient address; or forwarding order expired — on either the certified or the regular mailing. Lack of proof that the certified mail was received also defeats it.

What counts as diligent inquiry?

The rule suggests inquiries, as appropriate, to relatives and last known employers, the U.S. Postal Service, the New Jersey Motor Vehicle Commission or the equivalent agency where the person last lived, and the United States Department of Defense.

Can a default entered on mailed service be undone?

Yes. If mail comes back with one of the listed markings after default, the court vacates the order and restarts service. A party may also apply at any time, showing the address used was not theirs when the order was entered.

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. 5:4-4). 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 by mailnon-dissolution servicediligent inquirypost-dispositional reliefvacating defaultFD service