Rules of Court · Part 5 · New Jersey
R. 5:4-1 New Jersey Rules of Court, R. 5:4-1: Process, rendered as code with every cross-reference linked
Process
(a) Summons Generally. Except as otherwise provided by these rules with respect to a specific family action and except as otherwise provided by paragraph (b) of this rule, the summons in all civil family actions shall be in the form prescribed by R. 4:4- 2 and shall be served in accordance with R. 4:4.
(b) Summons, Summary Family Actions. In every family action required or permitted by law or rule to proceed summarily, a summons shall issue either in addition to or in lieu of an order to show cause. The summons shall comply with the requirements of R. 4:4-2 except that in lieu of requiring an answer it shall notify the defendant to appear at the time, date and place therein set forth to answer the complaint, a copy of which shall be annexed thereto. It shall also notify the defendant that unless the defendant appears at the date, time and place set forth an order may be entered by default and, if appropriate, that a warrant may issue to compel the defendant's appearance. The summons shall be served in accordance with R. 4:4.
(c) Warrant. In criminal and quasi-criminal actions, the provisions of R. 3:3 insofar as applicable shall apply. A warrant may also issue where provided by rule or otherwise appropriate to compel appearance.
Note: Source-R. (1969) 4:78-1, 5:4-2(a), 5:4-3. Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b) amended July 13, 1994 to be effective September 1, 1994.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 5:4-1 "Process" {
(a) Summons Generally. Except as otherwise provided by these rules with respect to a specific family action and except as otherwise provided by paragraph (b) of this rule, the summons in all civil family actions shall be in the form prescribed by R. 4:4- 2 and shall be served in accordance with R. 4:4.
(b) Summons, Summary Family Actions. In every family action required or permitted by law or rule to proceed summarily, a summons shall issue either in addition to or in lieu of an order to show cause. The summons shall comply with the requirements of R. 4:4-2 except that in lieu of requiring an answer it shall notify the defendant to appear at the time, date and place therein set forth to answer the complaint, a copy of which shall be annexed thereto. It shall also notify the defendant that unless the defendant appears at the date, time and place set forth an order may be entered by default and, if appropriate, that a warrant may issue to compel the defendant's appearance. The summons shall be served in accordance with R. 4:4.
(c) Warrant. In criminal and quasi-criminal actions, the provisions of R. 3:3 insofar as applicable shall apply. A warrant may also issue where provided by rule or otherwise appropriate to compel appearance.
Note: Source-R. (1969) 4:78-1, 5:4-2(a), 5:4-3. Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b) amended July 13, 1994 to be effective September 1, 1994.
}
referenced_by: 4:4-2, 5:3-8
source: njcourts.gov // verbatim; changed 2025-09-17; corpus harvested 2026-09-02
R. 5:4-2 → · chapter 5:4 · 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.