Responding to a New Jersey complaint: 35 days, the longest answer period in the country
New Jersey procedure · Last verified August 17, 2026
New Jersey gives defendants more time to answer than any other jurisdiction on this site. Thirty-five days, against a national norm of 20 to 30, and against the federal 21.
The extra time comes with an expectation: the answer must include the counterclaim.
The deadline
R. 4:6-1(a):
Except as otherwise provided by Rules 4:7-5(c) (crossclaims), 4:8-1(b) (third-party joinder), 4:9-1 (answer to amended complaint), and 4:64-1(i) (governmental answer in foreclosure actions), the defendant shall serve an answer, including therein any counterclaim, within 35 days after service of the summons and complaint on that defendant.
Three things in that sentence.
Thirty-five days, running from service on that defendant — so co-defendants served on different days have different deadlines.
"Including therein any counterclaim." New Jersey expects the counterclaim in the answer itself, not as a separate later filing.
And four cross-referenced exceptions, covering crossclaims, third-party joinder, answers to amended complaints, and governmental answers in foreclosure actions. Check whether you are in one before relying on the 35 days.
Service by court order — the rest of R. 4:6-1(a): "If service is made as provided by court order, pursuant to R. 4:4-4(b)(3), the time for service of the answer may be specified therein."
So substituted or alternative service under a court order can carry its own deadline. Read the order.
When your answer is served is governed by R. 1:5-4, which matters because the obligation is to serve within 35 days.
Counterclaims and crossclaims: a party served with a pleading stating a counterclaim answers on the period the rule provides.
Default
R. 4:43-1:
If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules or court order, or if the answer has been stricken with prejudice, the clerk shall enter a default on the docket as to such party.
Note the second trigger — an answer stricken with prejudice puts a defendant in default even though they answered. That has no equivalent in most states' rules.
What the moving party must file:
Except where the default is entered on special order of the court, the moving party shall make a formal written request of the clerk for the entry of the default, supported by the attorney's affidavit. The affidavit shall recite the service of the process and copy of complaint on the defendant or defendants (if more than one, naming them), the date of service as appears from the return of the process, and that the time within which the defendant or defendants may answer or otherwise move as to the complaint, counterclaim, cross-claim, or third-party complaint has expired and has not been extended. The request and affidavit for entry of default shall be filed together within 6 months of the actual default, and the default shall not be entered thereafter except on notice of motion filed and served in accordance with R. 1:6 on the party in default.
So entry is clerical, but it runs on a written request plus an attorney's affidavit reciting service — not on the clerk's own initiative.
The affidavit requirement is the defendant's first line of attack. If the recited service does not match what actually happened, the default was entered on a defective foundation.
What to do with 35 days
The length of the period is an advantage worth using rather than spending.
Check service first. R. 4:4-4 governs personal service, and the affidavit supporting any later default request will recite compliance with it. A defect found now is worth more than a defect argued later.
Decide whether to answer or move. New Jersey's pre-answer motion practice under R. 4:6-2 covers the familiar grounds, including failure to state a claim.
Identify your counterclaims before you draft. Because R. 4:6-1(a) directs that the answer include any counterclaim, the claim inventory has to be done before the answer goes out, not after.
And calendar 35 days from your own service date, not from the date the complaint was filed or the date a co-defendant was served.
How New Jersey compares
| New Jersey | New York | Pennsylvania | Federal | |
|---|---|---|---|---|
| Answer deadline | 35 days | 20 days if personally served in state | 20 days to a notice to plead | 21 days |
| Counterclaim in the answer | directed by the rule | permitted | permitted | permitted |
| Default entered by | clerk, on written request plus attorney's affidavit | clerk | prothonotary | clerk |
| Stricken answer triggers default | yes — R. 4:43-1 | — | — | — |
| Notice before entry | — | — | 10-day notice of intent required | none |
Pennsylvania's ten-day notice of intention to enter default is the sharpest contrast: there, a plaintiff must warn before taking a default. New Jersey requires no warning, but does require an affidavit that stands up to scrutiny.
A short checklist
- Calendar 35 days from the date you were served, not from filing.
- Check the four exceptions in R. 4:6-1(a) — crossclaims, third-party joinder, amended complaints, and governmental foreclosure answers each run differently.
- Read any service order. Service by court order under R. 4:4-4(b)(3) may specify its own answer time.
- Inventory your counterclaims before drafting. The rule directs that they go in the answer.
- Serve, and note the R. 1:5-4 rules on when service is complete — the obligation is to serve within the 35 days.
- If a default is entered, get the supporting affidavit. It must recite service, and that recital is testable.
- Remember an answer struck with prejudice puts you in default — a stricken pleading is not a neutral outcome.
Where these rules live
- R. 4:4-4 — Personal service; in personam jurisdiction
- R. 4:5-1 — Pleadings allowed
- R. 4:6-1 — Time for pleading
- R. 4:6-2 — How presented
- R. 4:7-5 — Counterclaims and crossclaims
- R. 4:43-1 — Entry of default
- R. 4:43-3 — Setting aside default
This page explains what the rules say. It isn't legal advice, and the standard for setting aside a default is developed in case law this site doesn't cover.