Rule 1:13-7
Dismissal of
Civil Case for Lack
of Prosecution
(c) The Order of
Dismissal will enter
60 days from the
date of the Notice
unless one of the
following actions is
taken within said
60-day period”
1) a proof of
service or
acknowledgement of
service is filed, if
the required action
not timely taken was
failure to file
proof of service or
acknowledgement of
service with the
court.
2) an answer is
filed or a default
is requested, if the
required action not
timely taken was
failure to file
answer or enter
default.
3) A default
judgment is
obtained, if the
required action was
not timely taken.
4) a motion is filed
by or with respect
to a defendant
noticed for
dismissal. If a
motion to remove the
defendant from the
dismissal is denied,
the defendant will
be dismissed without
further notice.
Rule 4:4-2
Summons
The Summons remains
the same as to
content except that
it now shall advise
the defendant that
if he or she cannot
afford an attorney,
they may also
communicate with the
Legal Services of
New Jersey statewide
toll free hotline at
1-888-LSNJ-LAW
)1-888-576-5529) Of
course the list
containing the
county telephone
numbers of the Legal
Services offices and
the Lawyers Referral
Office serving each
county shall be
attached. The list
shall be updated by
the Administrative
Office of the
Courts. There is a
sample Summons in
Appendix XII-A of
the Rules.
Rule 4:4-5
Service on Absent
Defendants; In
Rem or Quasi
In Rem
Jurisdiction
Please check this
Rule as to changes
in service.
Rule 4:4-7
Return
When service is made
by certified or
registered mail and
simultaneously by
regular mail, the
return receipt card,
or the printout
of the electronic
confirmation of
delivery, which
shall include an
image of the
recipient’s
signature, provided
by the US Postal
Service, or the
unclaimed registered
of certified mail
shall be filed as
part of the proof.
Failure to make
proof of service
does not affect the
validity of service.
Rule 4:18-1
Production of
Documents,
Electronically
Stored Information
Please check this
rule as there are
some changes with
regard to Procedure
for response.
Rule: 4:24-1
Extensions of
Time
Check new
requirements
Rule 4:59-1
Execution
Execution for real
property may be made
if personal property
cannot be fund or is
insufficient.
Judgment creditor
may now file a
motion, on notice
for an order
permitting the sale
of real property.
Rule 4:64-1
Procedure to
Enter Judgment in
Foreclosures other
than In Rem
A. On motion for
entry of judgment in
foreclosure actions,
the affidavit of
amount due filed
with the court must
be annexed. If the
premises are
residential, notice
must be served on
all tenants, by
personal service or
certified mail, rrr
accompanied by
Tenant’s Rights
during foreclosure.
Form is in Appendix
XII-K. The Notice of
Tenant’s Rights
shall be contained
in an envelope with
the following text
in bold and in at
least 14 point type.
“Important Notice
about Tenant’s
Rights.” The Motion
for Judgment,
accompanied by
proofs as required.
Rule 4:64-9
Motions in
Uncontested Matters
Every notice of
motion in a
foreclosure action
shall include the
following language:
“IF YOU WANT TO
OBJECT TO THIS
MOTION YOU MUST DO
SO IN WRITING WITHIN
10 DAYS AFTER THE
DAY YOU RECEIVED
THIS MOTION. ANY
OBJECTION MUST
ADDRESS THE SUBJECT
OF THE MOTION AND
DETAIL WITH
SPECIFICITY THE
BASIS OF YOUR
OBJECTION. YOU
MUST FILE YOUR
OBJECTION WITH THE
OFFICE OF
FORECLOSURE, PO BOX
971, 25 MARKET
ST.,TRENTON, NJ
08625 AND SERVE A
COPY ON THE MOVING
PARTY. THE OFFICE OF
FORECLOSURE DOES NOT
CONDUCT HEARINGS,
YOUR PERSONAL
APPEARANCE AT THE
OFFICE WILL NOT
QUALIFY AS AN
OBJECTION. IF YOU
FILE A SPECIFIC
OBJECTION, THE CASE
WILL BE SENT TO A
JUDGE OF THE TIME
AND PLACE OF THE
HEARING ON THE
MOTION.
Rule 4:65-2
Notice of Sale,
Posting and Mailing
If the property to
be sold is
residential, the
notice as recited
above in 4:64-1
shall be annexed to
the notice of the
sale.
Rule 6:7-1
Request for Issuance
of Writs of
Execution and other
Process
Please check this
rule for changes in
the Writ of
Execution and Notice
to the Debtor in
(c). The Notice
shall be in the form
prescribed in
Appendix VI to the
rules.
Rule 8:3-2
Contents of
Complaint
A case information
statement shall be
attached to the
complaint.
Rule 8:3-4.
Pleadings Allowed
Amount has been
changed to
$5,000.00. Check
other changes
Rule 8:11
Small Claims
Division: Practice
and Procedure
See rule as to
amounts
