New Jersey Service of Process Rules
New Jersey
State Serve Rules
Affidavit
Notary
Required
Refusal service
Yes, state defines as "refusal" on the affidavit
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Facility-specific policy
Service to a minor
<14, parent/guardian
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Permissible
Government substitute service
Yes, may serve a designated employee
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
14
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - TM
Sheriff only.
Mailing
Certified Mail
n/a
Mail always?
n/a
Mail if posted
n/a
Mail if subserve
n/a
Mail SLA
n/a
Posting Rules
Due Diligence Prior to Posting
n/a
Posting
n/a
Eviction Posting Rules
Affidavit
Notary for Notice
n/a
Mailing
Certified Mail
n/a
Mail always?
n/a
Mail SLA
n/a
Proof Specialists
Server/Marshal Required?
Sheriff
**Notary:** Required
**Civil Subpoenas: No special rules**
**Can serve on Sundays**
**INDIVIDUAL**
+ Personal
+ Substituted
+ Dwelling/house/Usual place of abode
- Family/Co-resident, 14+
**PARTNERSHIPS AND LIMITED PARTNERSHIPS**
+ Registered Agent
+ Any officer, director, trustee or managing or general agent
+ Person in charge at the registered office of the corporation
- Person in charge at the principal place of business
+ Any employee of the corporation
**CORPORATIONS**
+ Registered agent
+ Any officer, director, trustee or managing or general agent
+ Person in charge at the registered office of the corporation
- Person in charge at the principal place of business
+ Any employee of the corporation
**PUBLIC ENTITY - STATE**
+ Attorney General, or a person designated by the Attorney General in office
**PUBLIC ENTITY - COUNTIES, CITIES, ETC.**
+ Presiding officer of the governing body or their agent
**MINOR**
+ Guardian or parent; or
- Adult roommate/family living with minor
+ Must also serve minor if 14+
**INCAPACITED PERSON**
+ Guardian or competent adult living with person
- If in facility - director or chief executive officer
**POSTING (EVICTIONS)**
+ Allowed
**LAWSUITS INVOLVING REAL PROPERTY (LANDLORD)**
+ Personal
+ Managing or general agent employed by the individual in such business or for the management of such real property,
- any employee or agent of the business or the management of the real property
**OPTION TO MAIL SUMMONS**
+ Can mail summons but no default if defendant fails to answer unless affidavit of due diligence and attempted personal service provided
