Whether or not an answer or an answering affidavit is filed, the court shall hear the matter on oral testimony and shall not enter judgment declaring the absentee dead unless it is satisfied that the plaintiff has made reasonable effort to ascertain the facts necessary to maintain the action.
Rule 4:93-4.Hearing
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:93-4 requires the court to hear oral testimony in every absentee-death case, regardless of whether an answer was filed, and bars judgment unless the plaintiff made a reasonable effort to find the facts needed to support the action.
Full Text of Rule 4:93-4
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. 4:111-4; former R. 4:92-4 redesignated June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
An absentee-death hearing doesn't get decided on the papers alone, and a default doesn't shortcut it either. Whether or not anyone filed an answer or an answering affidavit, the court hears oral testimony before entering judgment, and won't declare the absentee dead unless it's satisfied the plaintiff made a reasonable effort to track down the facts the case depends on.
Frequently Asked Questions
Does the court require oral testimony even if nobody contests the absentee-death complaint?
Yes, the court hears oral testimony regardless of whether an answer or answering affidavit was filed.
What must the court find before declaring an absentee dead?
That the plaintiff made a reasonable effort to ascertain the facts necessary to maintain the action.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:93-4). 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: absentee death hearing