Rule 4:43-1.Entry of Default

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

In one sentenceRule 4:43-1 has the clerk enter a default against a party that fails to plead or defend, on a written request supported by an affidavit of service, and requires that request to be filed within six months of the actual default or else made by motion on notice.

Full Text of Rule 4:43-1

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If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules or court order, or if the answer has been stricken with prejudice, the clerk shall enter a default on the docket as to such party. Except where the default is entered on special order of the court, the moving party shall make a formal written request of the clerk for the entry of the default, supported by the attorney’s affidavit. The affidavit shall recite the service of the process and copy of complaint on the defendant or defendants (if more than one, naming them), the date of service as appears from the return of the process, and that the time within which the defendant or defendants may answer or otherwise move as to the complaint, counterclaim, cross-claim, or third-party complaint has expired and has not been extended. The request and affidavit for entry of default shall be filed together within 6 months of the actual default, and the default shall not be entered thereafter except on notice of motion filed and served in accordance with R. 1:6 on the party in default. If defendant was originally served with process either personally or by certified or ordinary mail, the attorney obtaining the entry of the default shall send a copy thereof to the defaulting defendant by ordinary mail addressed to the same address at which defendant was served with process.

End

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. 4:56-1(a) (b) (c) (d); amended July 13, 1994 to be effective September 1, 1994; amended June 28, 1996 to be effective September 1, 1996; amended July 12, 2002 to be effective September 3, 2002.

Plain-English Summary

When a defendant does not answer, or has its answer struck with prejudice, the case does not stall — the clerk enters a default on the docket. Getting there takes a formal written request backed by the attorney's affidavit, reciting how and when the defendant was served and confirming the time to respond has passed unextended.

That request has a shelf life: it must be filed within six months of the actual default, and after that the moving party needs a motion on notice to the defaulting party instead. Once the default is entered, if the defendant was served by mail or in person, the attorney has to mail that defendant a copy of the entry of default.

Frequently Asked Questions

What happens if a defendant never answers a complaint in New Jersey?

The clerk enters a default against that defendant on a written request supported by an affidavit reciting service and confirming the time to respond has expired.

How long does a party have to request entry of default?

Six months from the actual default. After that, entry requires a motion on notice to the party in default.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:43-1). 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: default entryentry of defaultdefendant fails to answerhow to get a defaultdefendant didn't respond to complaint