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New jersey rules of civil procedure time to answer Form: What You Should Know

Such complaint shall state the name and address of the aggrieved person, the number of the complaint and the name of his attorney, and a good faith and reasonable basis for the action. Such complaint shall further state whether the plaintiff or defendant is entitled to a writ of prohibition, and, if so, may state his grounds for such relief, in case he should obtain it. The notice shall also specify the time within which the summons and complaint are to be filed. (b) Action. -- If an action is commenced by filing with the Prothonotary, it shall be prosecuted in the county, city, or town wherein the party resides, and the case shall be tried and the judgments entered according to law. If an action is commenced by filing with a court in another county or town, it shall be so divided as to reduce the jurisdiction in which the action is tried and a proper judgment shall be entered according to law. Service of summons by clerk or clerk. -- When the plaintiff shall demand a copy of the summons and complaint at any time during litigation the plaintiff may serve a copy thereof personally or by mail upon the party served or, if in presence, by affidavit of the party served. The notice of service shall state a good faith and reasonable basis for the service. Each party shall have a separate right of service. Failure to demand a copy of the summons or complaint by the due date, or in the absence of a showing of good cause, the party who failed to service shall be liable to the plaintiff for reasonable costs and may be personally liable for any damages which the plaintiff sustains by reason of the failure of the defendant to service and which are not recoverable at law. Rule 4.1 Action for Writ of Prohibition Application By Court and by the Prothonotary to Extend Time to Serve Writ of Prohibition: (a) In general. -- On motion, the court may extend the time allowed for service of any writ of prohibition. A motion for such extension must be made before the end of the court day next preceding the day when the writ is due. (b) Summons and filing requirements. -- Unless otherwise directed by law, a motion for extension of time must be filed not later than 5 days after the order to that effect is entered. A copy of the order must be served upon the other party no later than 5 days after the order is served upon the party. The notice provided in Rule 4.

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