Rule 4:4-1.Summons; Issuance

Last amended September 3, 2002 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:4-1 says who may issue the summons — the plaintiff, the plaintiff's attorney, or the clerk — and warns that failing to issue it within 15 days of the Track Assignment Notice can lead to dismissal of the action.

Full Text of Rule 4:4-1

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The plaintiff, plaintiff’s attorney or the clerk of the court may issue the summons. If a summons is not issued within 15 days from the date of the Track Assignment Notice, the action may be dismissed in accordance with R. 4:37-2(a). Separate or additional summonses may issue against any defendants.

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Source-R.R. 4:4-1; amended July 13, 1994 to be effective September 1, 1994; amended July 12, 2002 to be effective September 3, 2002.

Plain-English Summary

After the complaint is filed, a summons must issue to bring the defendant into the case. This rule lets the plaintiff, the plaintiff’s attorney, or the court clerk issue it, and it allows separate or additional summonses against different defendants.

The rule also sets a deadline with teeth. If a summons does not issue within 15 days from the date of the Track Assignment Notice, the action may be dismissed for lack of prosecution under Rule 4:37-2(a). Issuing the summons promptly keeps the case alive.

Frequently Asked Questions

Who can issue the summons?

The plaintiff, the plaintiff’s attorney, or the clerk of the court. Separate or additional summonses may be issued against any defendants.

What happens if the summons is not issued on time?

If a summons does not issue within 15 days of the Track Assignment Notice, the action may be dismissed under Rule 4:37-2(a). Issue it promptly to avoid a dismissal for lack of prosecution.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:4-1). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source

Also known as: summons issuancewho issues summons15 day summons deadlineTrack Assignment Notice