Rule 4:86-3A.Action on Complaint

Last amended September 1, 2016 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:86-3A has the Surrogate review a guardianship complaint before docketing for proper venue and completeness, docket it once satisfied, dismiss it if jurisdiction is later found lacking, and make the complete guardianship file available to the court on request.

Full Text of Rule 4:86-3A

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

(a) Review of Complaint Prior to Docketing. Prior to docketing, the Surrogate shall review the complaint to ensure that proper venue is laid and that it contains all information required by R. 4:86-2.

(b) Docketing.

(1) Upon the filing of a complaint for the determination of incapacity of a person and for the appointment of a guardian, if it appears that there is jurisdiction and that the complaint is substantially complete in all respects, the complaint shall be docketed.

(2) If, after docketing, there is a lack of jurisdiction, the court shall dismiss the complaint forthwith. If a complaint is not substantially complete in all respects, the Surrogate shall process the complaint in accordance with R. 1:5-6.

(c) Availability of Guardianship File. The Surrogate shall make the complete guardianship file available to the court upon request.

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.

Adopted August 1, 2016 to be effective September 1, 2016.

Plain-English Summary

A guardianship complaint doesn't get docketed automatically. The Surrogate reviews it first, checking that venue is proper and that it contains everything R. 4:86-2 requires. Once satisfied there's jurisdiction and the complaint is substantially complete, the Surrogate dockets it; if it's not, the Surrogate processes it the way R. 1:5-6 directs for deficient filings.

If jurisdiction turns out to be lacking after docketing, the court dismisses the complaint outright. Throughout, the Surrogate keeps the complete guardianship file ready to hand over to the court whenever it's needed.

Frequently Asked Questions

What does the Surrogate check before docketing a guardianship complaint?

That proper venue is laid and that the complaint contains all the information R. 4:86-2 requires.

What happens if a lack of jurisdiction surfaces after the complaint is docketed?

The court dismisses the complaint immediately.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:86-3A). 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: docketing guardianship complaint