Rule 4:4-5.Summons; Service on Absent Defendants; In Rem or Quasi In Rem Jurisdiction

Last amended September 1, 2010 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:4-5 provides for in rem and quasi in rem jurisdiction over property when a defendant cannot be served in-state after diligent inquiry, listing the methods — including service by publication — and detailing the affidavit of inquiry that must support them.

Full Text of Rule 4:4-5

Text sizeJump to: (a) (b)

(a) Methods of Obtaining In Rem Jurisdiction. Whenever, in actions affecting specific property, or any interest therein, or any res within the jurisdiction of the court, or in matrimonial actions over which the court has jurisdiction, wherein it shall appear by affidavit of the plaintiff’s attorney or other person having knowledge of the facts, that a defendant cannot, after diligent inquiry as required by this rule, be served within the State, service may, consistent with due process of law, be made by any of the following four methods:

(1) personal service outside this State as prescribed by R. 4:4-4(b)(1)(A) and (B); or

(2) service by mail as prescribed by R. 4:4-4(b)(1)(C); or

(3) by publication of a notice to absent defendants once in a newspaper published or of general circulation in the county in which the venue is laid; and also by mailing, within 7 days after publication, a copy of the notice as herein provided and the complaint to the defendant, prepaid, to the defendant’s residence or the place where the defendant usually receives mail, unless it shall appear by affidavit that such residence or place is unknown, and cannot be ascertained after inquiry as herein provided or unless the defendants are proceeded against as unknown owners or claimants pursuant to R. 4:26-5(c). If defendants are proceeded against pursuant to R. 4:26-5(c), a copy of the notice shall be posted upon the lands affected by the action within 7 days after publication. The notice of publication to absent defendants required by this rule shall be in the form of a summons, without a caption. The top of the notice shall include the docket number of the action, the court, and county of venue. The notice shall state briefly:

(A) the object of the action, the name of the plaintiff and defendant followed by et al., if there are additional parties, the name of the person or persons to whom the notice is addressed, and the basis for joining such person as a defendant; and

(B) if the action concerns real estate, the municipality in which the property is located, its street address, if improved, or the street on which it is located, if unimproved, and its tax map lot and block numbers; and

(C) if the action is to foreclose a mortgage, tax sale certificate, or lien of a condominium or homeowners association, the parties to the instrument and the date thereof, and the recording date and book and page of a recorded instrument; and

(D) the information required by R. 4:4-2 regarding the availability of Legal Services and Lawyer Referral Services together with telephone numbers of the pertinent offices in the vicinage in which the action is pending or the property is located; or

(4) as may be provided by court order.

(b) Contents of Affidavit of Inquiry. The inquiry required by this rule shall be made by the plaintiff, plaintiff’s attorney actually entrusted with the conduct of the action, or by the agent of the attorney; it shall be made of any person who the inquirer has reason to believe possesses knowledge or information as to the defendant’s residence or address or the matter inquired of; the inquiry shall be undertaken in person or by letter enclosing sufficient postage for the return of an answer; and the inquirer shall state that an action has been or is about to be commenced against the person inquired for, and that the object of the inquiry is to give notice of the action in order that the person may appear and defend it. The affidavit of inquiry shall be made by the inquirer fully specifying the inquiry made, of what persons and in what manner, so that by the facts stated therein it may appear that diligent inquiry has been made for the purpose of effecting actual notice.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Source - R.R. 4:4-5(a) (b) (c) (d), 4:30-4(b) (second sentence). Paragraph (c) amended July 7, 1971 to be effective September 13, 1971; paragraph (c); amended July 14, 1972 to be effective September 5, 1972; amended July 24, 1978 to be effective September 11, 1978; paragraph (b); amended November 7, 1988 to be effective January 2, 1989; paragraphs (a) (b) (c) (d); amended July 13, 1994 to be effective September 1, 1994; paragraph (c); amended June 28, 1996 to be effective September 1, 1996; introductory paragraph; amended, paragraph (c); amended, and portion of paragraph (c) relocated as closing paragraph of rule July 9, 2008 to be effective September 1, 2008; introductory paragraph designated as paragraph (a), paragraph (a) caption adopted, former paragraphs (a), (b), and (c) redesignated as subparagraphs (a)(1), (a)(2), and (a)(3), former subparagraphs (c)(1), (c)(2), (c)(3), and (c)(4) redesignated as subparagraphs (a)(3)(A), (a)(3)(B), (a)(3)(C), and (a)(3)(D), former paragraph (d) redesignated as subparagraph (a)(4), concluding paragraph designated as paragraph (b), and paragraph (b) caption adopted July 23, 2010 to be effective September 1, 2010.

Plain-English Summary

Some actions are about property or a res within the court’s reach rather than about a person the court can serve. When a defendant in such a case cannot be served within New Jersey after diligent inquiry, this rule allows the court to proceed against the property. The permitted methods are out-of-state personal service, service by mail, publication of a notice to absent defendants followed by a mailing, or service as a court may order.

Because these methods substitute for actual hand-delivery, the rule demands a careful affidavit of inquiry. The plaintiff, the attorney handling the case, or the attorney’s agent must show, in specifics, what inquiry was made and of whom, so that the record reflects a diligent effort to give the absent defendant real notice. The published notice must state the object of the action and, in property and foreclosure cases, identify the property and the instrument involved.

Frequently Asked Questions

When can you serve a defendant by publication in New Jersey?

In actions affecting property or a res within the court’s jurisdiction, when the defendant cannot be served in-state after the diligent inquiry the rule requires. Publication is followed by a mailing of the notice and complaint to the defendant’s last known address.

What is an affidavit of inquiry?

A sworn statement detailing the diligent inquiry made to locate the defendant — what was done, of whom, and how — so the record shows a genuine effort to give actual notice before resorting to publication or other substituted service.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:4-5). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source

Also known as: in rem jurisdictionquasi in remservice by publicationaffidavit of inquiryabsent defendantsdiligent inquiry