Rules of Court · Part 4 · New Jersey
R. 4:60-10 New Jersey Rules of Court, R. 4:60-10: Time to Defend, rendered as code with every cross-reference linked
Time to Defend
(a) Where No Summons Is Served. A defendant who has not been served with summons in the action shall serve and file an answer, or move against the complaint, the writ of attachment or the sheriff's levy thereunder within 35 days after service or publication of the notice of attachment, or within such time as has been fixed by order of the court.
(b) Where Summons Is Served. A defendant who has been served with summons in the action but has not appeared therein or has failed to defend the same shall move against the attachment or the sheriff's levy thereunder within 35 days after service of the notice of the attachment and levy, or if service is made by publication alone, then within 35 days after the publication.
(c) Where Defendant Appears and Defends. A defendant who appears in the action and defends the same may move against the attachment or levy at any time before final judgment as provided by R. 4:60-11.
Note: Source-R.R. 4:77-15(a)(b)(c). Paragraphs (a) and (b) amended July 7, 1971 to be effective September 13, 1971; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 4:60-10 "Time to Defend" {
(a) Where No Summons Is Served. A defendant who has not been served with summons in the action shall serve and file an answer, or move against the complaint, the writ of attachment or the sheriff's levy thereunder within 35 days after service or publication of the notice of attachment, or within such time as has been fixed by order of the court.
(b) Where Summons Is Served. A defendant who has been served with summons in the action but has not appeared therein or has failed to defend the same shall move against the attachment or the sheriff's levy thereunder within 35 days after service of the notice of the attachment and levy, or if service is made by publication alone, then within 35 days after the publication.
(c) Where Defendant Appears and Defends. A defendant who appears in the action and defends the same may move against the attachment or levy at any time before final judgment as provided by R. 4:60-11.
Note: Source-R.R. 4:77-15(a)(b)(c). Paragraphs (a) and (b) amended July 7, 1971 to be effective September 13, 1971; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-10-07; corpus harvested 2026-09-02← R. 4:60-9 · R. 4:60-11 → · chapter 4:60 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.