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Rule 4:6-1.When Presented

Last amended September 1, 2006 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:6-1 sets the deadlines for responsive pleadings — an answer within 35 days of service, a reply within 20 days — explains how a motion changes the clock, and allows a 60-day extension by written consent.

Full Text of Rule 4:6-1

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

(a) Time; Presentation. Except as otherwise provided by Rules 4:7-5(c) (crossclaims), 4:8-1(b) (third-party joinder), 4:9-1 (answer to amended complaint), and 4:64-1(i) (governmental answer in foreclosure actions), the defendant shall serve an answer, including therein any counterclaim, within 35 days after service of the summons and complaint on that defendant. If service is made as provided by court order, pursuant to R. 4:4-4(b)(3), the time for service of the answer may be specified therein. Service of the answer shall be complete as provided by R. 1:5-4. A party served with a pleading stating a counterclaim or crossclaim against that party shall serve an answer thereto within 35 days after the service upon that party. A reply to an answer, where permitted, shall be served within 20 days after service of the answer.
(b) Time; Effect of Certain Motions. Unless the court fixes a different time period, the time periods prescribed in paragraph (a) of this rule are altered by the filing and service of a motion under R. 4:6 or for summary judgment under R. 4:46 or R. 4:69-2 as follows: (1) if the motion is denied in whole or part or its disposition postponed until trial, the responsive pleading shall be served within 10 days after notice of the court’s action; (2) if a motion for a more definite statement is gathered, the responsive pleadings shall be served within 10 days after the service of such statement. If notice is given a nonresident party demanding security for costs and the nonresident gives notice of the filing of the bond or the making of the deposit, the party making the demand shall then have the same time to plead as may have remained at the time of the service or the notice demanding the security.
(c) Time; Extension by Consent. The time for service of a responsive pleading may be enlarged for a period not exceeding 60 days by the written consent of the parties, which shall be filed with the responsive pleading within said 60-day period. Further enlargements shall be allowed only on notice by court order, on good cause shown therefor.
(d) Certificate of Service. The party filing the responsive pleading or the party’s attorney shall certify thereon, or in an acknowledgment, proof or certificate of service, that the pleading was served within the time period allowed by R. 4:6 or other rule specified in the certificate.

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. 4:12-1(a)(b)(c)(e), 4:96-2(c); paragraph (a); amended July 29, 1977 to be effective September 6, 1977; paragraph (a); amended November 1, 1985 to be effective January 2, 1986; paragraph (a); amended November 5, 1986 to be effective January 1, 1987; paragraphs (a) and (d); amended June 29, 1990 to be effective September 4, 1990; paragraph (a); amended July 14, 1992 to be effective September 1, 1992; paragraphs (a) and (d); amended July 13, 1994 to be effective September 1, 1994; paragraphs (a) and (c); amended June 28, 1996 to be effective September 1, 1996; paragraph (c); amended July 12, 2002 to be effective September 3, 2002; paragraph (a); amended August 1, 2006 to be effective September 1, 2006.

Plain-English Summary

This rule keeps the pleading exchange on a schedule. A defendant must serve an answer, including any counterclaim, within 35 days after being served with the summons and complaint, and a party facing a counterclaim or cross-claim answers within 35 days as well. A reply, where the rules permit one, is due within 20 days.

Motions and consent adjust the timetable. Filing a motion under Rule 4:6 or for summary judgment resets the response deadlines — typically to 10 days after the court rules. The parties may also extend the time to respond by up to 60 days by written consent filed with the pleading, with any further extension requiring a court order on good cause. The responding party certifies that the pleading was served on time.

Frequently Asked Questions

How long do you have to answer a complaint in New Jersey?

Thirty-five days after service of the summons and complaint. A reply, where permitted, is due within 20 days after the answer is served.

Can the deadline to answer be extended?

Yes. The parties may extend the time to respond by up to 60 days by written consent filed with the responsive pleading. Any further extension requires a court order on good cause shown.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:6-1). 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: time to answer35 days to answerresponsive pleading deadlineextension by consentwhen answer is due