Procedure for Instituting a Civil Case
Most cases are initiated by the filing of a complaint. See R. 4:2- 2. The complaint
shall contain:
a brief statement indicating the grounds upon which the court’s jurisdiction
depends, e.g.,
a party to the claim resides in the filing county
the cause of action occurred in the filing county
affected real property, as set forth in the complaint, is located in the filing
county (see R. 4:3- 2);
a brief statement of the claim showing that the pleader is entitled to relief;
the “wherefore” clause, generally demanding judgment for the relief sought
(See Botta v. Brunner, 26 N.J. 82 (1958) regarding the proscription on
including a specific dollar amount);
the certification, stating that there is no other pending court action arising from
the cause of action set forth by the complaint (see R. 4:5-1(b)(2)); and
the original signature of an attorney duly licensed to practice in New Jersey or
pro se plaintiff, if a pro se appearance is permitted by the court rules (i.e.,
papers submitted on behalf of a corporation must be signed by a New Jersey
licensed attorney).
Civil cases can also be initiated by way of a verified complaint (i.e., one that is
sworn to) and an Order to Show Cause (OSC). The filing fee for this is $200.00 for the
verified complaint and $30.00 for the OSC. This alternative procedure is used where the
plaintiff in the particular case requires some emergent relief or the matter involves a
summary action pursuant to R. 4:67 or an action under R. 4:70- 1 for the enforcement of a
statutory penalty. Examples of summary actions under R. 4:67 that must be brought by
way of verified complaint and OSC include:
Actions to expunge a voluntary or involuntary civil commitment. N.J.S.A.
30:4-80.9.
Actions by insured to compel UIM arbitration after settlement with a
tortfeasor. See R. 4:67 et seq. and Rutgers Cas. Ins. Co. v. Vassas, 139 N.J.
163, 174 (1995).
Actions to discharge a construction lien. N.J.S.A. 2A:44A- 30.
Proceedings to obtain money deposited pursuant to a lien on real estate.
N.J.S.A 2A:56-20.
Appeals by police officers pursuant to N.J.S.A. 40A:14-150.
Appeals by investigators in the county prosecutors’ offices pursuant to N.J.S.A.
2A:157- 10.7.
Controversies between execution creditors as to application of money realized
from the sale of the property of a judgment debtor under executions issued out
of different courts. N.J.S.A. 2A:17-6.
Actions for enforcement of written agreement for alternative resolution.
N.J.S.A. 2A:23A- 4.
Actions to challenge an election. N.J.S.A.19:28-1 et seq.
Actions for cancellation or discharge of a mortgage loan. N.J.S.A. 46:10B-6.
Actions to confirm, vacate or modify an outside arbitration award including a
fee arbitration award entered pursuant to R. 1:20A et seq. N.J.S.A. 2A:23A- 26.
It should be noted that if a suit was pending prior to the matter going to fee
arbitration, a summary action should not be filed. Rather, default can be
entered pursuant to R 1:20A-3 (e). See R. 1:20A- 3 (e).
Actions for civil penalties for violations of the animal cruelty laws. N.J.S.A.
4:22-17.
Actions to recover wages paid at less than the minimum wage. N.J.S.A. 34:11-
56.40.
Actions by crime victims to recover the proceeds of sale of criminal
memorabilia. N.J.S.A. 52:4B-28.
Actions for a determination of costs and expenses when the court vacates
arbitration awards. N.J.S.A. 2A:23A-18.
In either instance, i.e., cases initiated with complaints or verified complaints with
an OSC, service of the above on the defendant is required, along with a summons (see R.
4:4-1). However, when a case is initiated via a verified complaint and OSC, the signed
OSC serves as original process and no summons is needed. Attached in the appendix are
standard form OSC’s for use as original process. See AOC Directive #16-05. As will be
discussed, service of complaints may be effectuated by personal delivery upon the
defendant by an approved agent, e.g., Sheriff’s Officer or private process server (R. 4:4-
3). Failure to serve the complaint may result in the case being dismissed in accordance
with R. 1:13- 7.
