The summary action The life of the summary action in New Jersey, step by step: every station, its clock, and the Rule of Court behind it

The line at a glance

Every stop the paper makes, in order. Tap a stop to jump to it.

1. S1Order to show causeReturn date set by the judge
2. S2The return dayThe date on the order
3. S3Special Civil Part and small claimsAnswer within 35 days; trial date on the summons
4. S4Landlord and tenantTrial at least 21 days after service

Stop by stop

1. S1 Order to show cause

   Clock: Return date set by the judge

   A summary action skips the plenary calendar. Where a statute or rule allows it, the plaintiff files a verified complaint and asks the judge, without the other side present, for an order that makes the defendant come in and show cause why judgment should not be entered.

   What the rule says 2 sources

   “This rule is applicable (a) to all actions in which the court is permitted by rule or by statute to proceed in a summary manner, other than actions for the recovery of penalties which shall be brought pursuant to R. 4:70; and (b) to all other actions in the Superior Court other than matrimonial actions and actions in which unliquidated monetary damages are sought, provided it appears to the court, on motion made pursuant to R. 1:6-3 and on notice to the other parties to the action not in default, that it is likely that the matter may be completely disposed of in a summary manner.”

   R. 4:67-1 · as code

   “The court, if satisfied with the sufficiency of the application, shall order the defendant to show cause why final judgment should not be rendered for the relief sought.”

   R. 4:67-2(a) · as code

2. S2 The return day

   Clock: The date on the order

   The judge tries the action on the return day, on the papers if nothing material is disputed, on evidence if it is. If the case turns out to need a full record, the judge can convert it to a plenary action, and the answer clock starts.

   What the rule says

   “The court shall try the action on the return day, or on such short day as it fixes. If no objection is made by any party, or the defendants have defaulted in the action, or the affidavits show palpably that there is no genuine issue as to any material fact, the court may try the action on the pleadings and affidavits, and render final judgment thereon. If any party objects to such a trial and there may be a genuine issue as to a material fact, the court shall hear the evidence as to those matters which may be genuinely in issue, and render final judgment.”

   R. 4:67-5 · as code

3. S3 Special Civil Part and small claims

   Clock: Answer within 35 days; trial date on the summons

   Money claims of $20,000 or less, and small claims of $5,000 or less, run on the Special Civil Part's shorter calendar in the county courthouse. Interrogatories have a 30-day clock; appeals still go to the Appellate Division within 45 days.

   What the rule says 4 sources

   “Civil actions (exclusive of professional malpractice, probate, and matters cognizable in the Family Part of the Chancery Division or Tax Court) seeking legal relief when the amount in controversy does not exceed $20,000;”

   R. 6:1-2(a)(1) · as code

   “Defendants must file a written answer to the complaint within 35 days of the date shown on the summons.”

   NJ Courts, Lawsuits $20,000 or less (Special Civil)

   “Whether you are a plaintiff or a defendant, all interrogatories must be answered within 30 days of when you received them.”

   NJ Courts, Lawsuits $20,000 or less (Special Civil)

   “Attach the filing fee or request a fee waiver: One defendant: $35. Each additional defendant: $5”

   NJ Courts, Lawsuits $5,000 or less (Small Claims)

4. S4 Landlord and tenant

   Clock: Trial at least 21 days after service

   Eviction is a summary action for possession only: no counterclaim, no joinder, no money judgment in the same case. Paying everything owed before or on the hearing day ends a nonpayment case. After a judgment for possession comes a warrant of removal and a three-business-day clock.

   What the rule says 4 sources

   “Summary actions between landlord and tenant for the recovery of premises shall not be joined with any other cause of action, nor shall a defendant in such proceedings file a counterclaim or third-party complaint.”

   R. 6:3-4(a) · as code

   “The court will insert the trial date on the summons. It will be at least 21 days from date of service of the summons.”

   NJ Courts, Landlord/Tenant

   “If the landlord's complaint is for non-payment of rent and the tenant offers to pay all the rent due, plus court costs, BEFORE or on the day of the court hearing, the landlord must accept the rent and the case will be dismissed.”

   NJ Courts, Landlord/Tenant

   “If the residential tenant does not move out after three (3) business days from the date that they were served with the warrant of removal, the landlord must arrange with the Special Civil Part Officer directly to have the resident”

   NJ Courts, Landlord/Tenant