N.J. Admin. Code § 16:51-2.5

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:51-2.5 - Service and notice of proceedings

(a) Unless otherwise provided by statute or by this chapter, or unless otherwise ordered or permitted by the Division, the following provisions shall govern service of pleadings:

1. A filed and docketed petition shall be served by personal service or by certified mail by such petitioner or its agent or attorney upon each respondent named in such petition and on such other parties or persons as required by statute or elsewhere in this chapter;

2. All pleadings other than initial petitions, including all motions, answers, replies, briefs, and other papers, shall be served by the party filing same on all other parties of record concurrently with or prior to the filing of such pleading;

3. Except as otherwise provided elsewhere in this chapter, proof of service shall be by affidavit, by certificate of counsel, or by acknowledgement of service; in every such case such proof shall indicate the parties served and the method and date of service. Such proof of service shall be filed at the time of service of the pleading; all original receipts from the post office, from a courier, or from a process server shall be forwarded upon receipt thereof by the petitioner;

4. Whenever public notice is required, it shall be at the expense of the party directed to give such notice; and proof of public notice shall be made and filed in accordance with (a)3 above;

5. Service of pleadings other than initial petitions, notices, decisions, orders, and other papers shall be deemed valid if made by delivering one copy to each party appearing in the proceeding (or his or her attorney of record) in person, by certified mail, or by depositing it in the United States mail first class, postage prepaid, directed to the party (or his or her attorney of record) at his or her post office address;

6. Unless otherwise provided, when any party has appeared by attorney, service upon such attorney shall be deemed valid service upon the party for all future pleadings, until notice of withdrawal or dismissal of such attorney is served on all parties of record to the proceeding; and

7. Whenever a party has the right or is required to respond within a prescribed period after the serving of a notice or other paper upon him or her, and notice or paper is served upon him or her by mail, three days from the date of mailing shall be added to the service period prescribed for the response.

N.J. Admin. Code § 16:51-2.5

Amended by 46 N.J.R. 872(a), effective 5/19/2014.