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Showing posts with label Procedures for Service of Process By Special Civil Part Officers. Show all posts
Showing posts with label Procedures for Service of Process By Special Civil Part Officers. Show all posts

Saturday, February 21, 2015

PROCEDURES FOR SERVICE OF PROCESS BY SPECIAL CIVIL PART OFFICERS

APPENDIX F to ADMINISTRATIVE DIRECTIVE #01-15 
PROCEDURES FOR SERVICE OF PROCESS BY SPECIAL CIVIL PART OFFICERS 
I. Service of Initial Process – Special Civil Part 
All Special Civil Part Officers who serve initial process shall comply with the following procedures: 
A. Procedures for Serving Summons and Complaint in Tenancy Actions 
1. Timely Service 
The Special Civil Part Officer will timely receive his/her assigned work in this regard from the Special Civil Part Clerk's office and they must, in turn, timely serve a tenant on or before 10 calendar days prior to the scheduled landlord/tenant trial date. 
2. Personal Service 
The Special Civil Part Officer to whom the summons and complaint have been assigned for service must first make an attempt to personally serve the defendant or anyone over the age of 14 who resides in the premises. 
3. Posting 
If the Special Civil Part Officer is unable to make personal service, the Officer must attach a copy to “the door of the unit occupied by the defendant or, if that is not possible, on another conspicuous part of the subject premises.” 
4. Completing the Return of Service 
If the Special Civil Part Officer succeeds in making personal service, the Officer must complete the section of the return of service that provides for the date of timely service and describes the individual served. If the Special Civil Part Officer could not make personal service, the Officer must describe the efforts made to personally serve the defendant and then describe the premises if the summons and complaint were posted. The return of service must indicate the date and time of service and be signed by the Officer. 

A copy of the completed return of service must be delivered by the Special Civil Part Officer to the Special Civil Part Clerk’s Office as soon as possible but no later than the court date. 

Procedures for Service of Process By Special Civil Part Officers

Procedures for Service of Process By Special Civil Part Officers 
The service of initial, mesne, and post-judgment process shall be carried out by Special Civil Part Officers pursuant to the procedures set forth in Appendix F to this Directive, which is entitled “Procedures for Service of Process by Special Civil Part Officers,” and relevant New Jersey Rules of Court and statutes. Appendix F forms will be updated from time to time by the Administrative Office of the Courts and Special Civil Part Officers are expected to keep themselves abreast of all such changes. Common examples of initial process are service of landlord/tenant summons and complaints or reservice of original service of process on other docket types within the Special Civil Part Court. Examples of mesne process are service of a writ of attachment or writ of replevin. Common examples of post-judgment process are a writ of execution against goods and chattels or an order for execution against wages.