If personal service cannot be made, the rules also provide for substituted service.
See R. 4:4- 4(b) and R. 4:4-5. Methods of substituted service include service by mail and
service by publication of a notice, and the rules set out the circumstances under which
such service may be made as well as the steps attorneys and pro se litigants must follow
to make substituted service.
Note that R. 4:4- 4(c) provides for optimal mailed service by registered, certified or
ordinary mail instead of personal service, when personal service is required. Service
made pursuant to this paragraph of the rule, however, is considered effective only if the
defendant answers or otherwise appears in response to the complaint. Default may not be
entered against a defendant served by mail pursuant to R. 4:4-4(c) who does not answer
or appear. (This prohibition against entry of default does not apply to mailed service
authorized by court order.)
e. Service of Law Division Process by Special Civil Part Officers
Special Civil Part Officers are not permitted to serve Law Division process.
f. Service by E-Mail not Permitted
Absent a special Order of the Court, service by e-mail is not permitted. However,
if service by e-mail is acknowledged by an acknowledgement of service, signed by the
defendant or defendant’s attorney, the acknowledgement may be filed and has the same
effect as if the defendant had been properly served. See R. 4:4-6.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
