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Rule 4:4-3.By Whom Served; Copies

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

In one sentenceRule 4:4-3 governs who may serve process and how — personal service by the sheriff or another competent adult, a mail alternative when personal service cannot be made after a good-faith attempt, and the taxed cost of private service.

Full Text of Rule 4:4-3

Text sizeJump to: (a) (b) (c)

(a) Summons and Complaint. Summonses shall be served, together with a copy of the complaint, by the sheriff, or by a person specially appointed by the court for that purpose, or by plaintiff’s attorney or the attorney’s agent, or by any other competent adult not having a direct interest in the litigation. If personal service cannot be effected after a reasonable and good faith attempt, which shall be described with specificity in the proof of service required by R. 4:4-7, service may be made by mailing a copy of the summons and complaint by registered or certified mail, return receipt requested, to the usual place of abode of the defendant or a person authorized by rule of law to accept service for the defendant or, with postal instructions to deliver to addressee only, to defendant’s place of business or employment. If the addressee refuses to claim or accept delivery of registered or certified mail, service may be made by ordinary mail addressed to the defendant’s usual place of abode. The party making service may, at the party’s option, make service simultaneously by registered or certified mail and ordinary mail, and if the addressee refuses to claim or accept delivery of registered mail and if the ordinary mailing is not returned, the simultaneous mailing shall constitute effective service. Mail may be addressed to a post office box in lieu of a street address only as provided by R. 1:5-2. Return of service shall be made as provided by R. 4:4-7.
(b) Writs. Unless the court otherwise orders, all writs and process to enforce a judgment or order shall be served by the sheriff.
(c) Private Service; Costs. When service of process pursuant to this rule has been made by any person other than the sheriff, the allowance of taxed costs pursuant to R. 4:42-8 shall include a cost of service not exceeding the fee and mileage expenses allowable by law to the sheriff for that service.

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. 4:4-3, 5:5-1(c), 5:2-2; amended July 14, 1992 to be effective September 1, 1992; paragraph (b); amended July 13, 1994 to be effective September 1, 1994; captions and text of paragraphs (a) and (b) deleted and replaced with new captions and text July 5, 2000 to be effective September 5, 2000; paragraph (c) added July 12, 2002 to be effective September 3, 2002.

Plain-English Summary

Someone has to deliver the summons and complaint, and this rule says who and how. Process may be served by the sheriff, by a court-appointed person, by the plaintiff’s attorney or agent, or by any competent adult with no direct interest in the case. When personal service cannot be made after a reasonable, good-faith attempt described with specificity in the proof of service, the rule allows service by registered or certified mail, with an ordinary-mail backup in defined circumstances.

Writs to enforce a judgment are handled differently — the sheriff serves them unless the court orders otherwise. And when someone other than the sheriff serves process, the reasonable cost of that private service can be taxed as a cost of suit, capped at the sheriff’s statutory fee and mileage.

Frequently Asked Questions

Who can serve a summons and complaint in New Jersey?

The sheriff, a person specially appointed by the court, the plaintiff’s attorney or the attorney’s agent, or any other competent adult who has no direct interest in the litigation.

Can process be served by mail?

Yes, but only after a reasonable and good-faith attempt at personal service fails. The rule then allows registered or certified mail, return receipt requested, with an ordinary-mail backup under the conditions it describes.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:4-3). 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: who can serve processservice by mailpersonal serviceservice of summons and complaintprocess server