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OSC as Original Process – Summary Action

Pursuant to R. 4:67-1(A)
Family Part R. 5:4-3(b)
Submitted with New Complaint
Superior Court of New Jersey
Division Part
County
, Docket Number
Plaintiff(s)
v. Civil Action
, Order to Show Cause
Defendant(s) Summary Action

This matter being brought before to the court by ,

attorney for plaintiff, , seeking relief by way
summary action pursuant to R. 4:67-1(a), based upon the facts set forth in the verified complaint
filed herewith; and the court having determined that this matter may be commenced by order to
show cause as a summary proceeding pursuant to and for good cause
shown.

It is on this day of , 20 , ORDERED that

defendant(s), , appear and show cause on the day of

, 20 , before the Superior Court at the County
Courthouse in , New Jersey at o’clock in the
noon or as soon thereafter as counsel can be heard, on why judgment should not be
entered for: (set forth with specificity the return date relief that the plaintiff is seeking)

A.
B.
C.
D. Granting such other relief as the court deems equitable and just.

And it is further ORDERED that:

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 1. A copy of this order to show cause, verified complaint and all supporting affidavits or
certifications submitted in support of this application be served upon the defendant(s),
☐ personally, or ☐ within days of the date hereof,
in accordance with R. 4:4-3 and R. 4:4-4, this being original process.
2. The plaintiff must file with the court his/her/its proof of service of the pleadings on the
defendant(s) no later than three (3) days before the return date.
3. Defendant(s) shall file and serve: (select one) ☐ a written answer, an answering affidavit
or a motion returnable on the return date (or Family Part ☐ appearance or response) to this
order to show cause and the relief requested in the verified complaint and proof of service of the
same by . The (select one) ☐ answer, answering affidavit or a motion (or Family
Part ☐ appearance, response) as the case may be, must be filed with the Clerk of the Superior
Court in the county listed above and a copy of the papers must be sent directly to the chambers
of Judge .
4. The plaintiff must file and serve any written reply to the defendant’s order to show cause
opposition by . The reply papers must be filed with the Clerk of the Superior Court
in the county listed above and a copy of the reply papers must be sent directly to the chambers
of Judge .
5. If the defendant(s) do/does not file and serve opposition to this order to show cause, the
application will be decided on the papers on the return date and relief may be granted by
default, provided that the plaintiff files a proof of service and a proposed form of order at least
three days prior to the return date.
6. If the plaintiff has not already done so, a proposed form of order addressing the relief
sought on the return date (along with a self-addressed return envelope with return address and
postage) must be submitted to the court no later than three (3) days before the return date.
7. Defendant(s) take notice that the plaintiff has filed a (select one) ☐ lawsuit (or Family
Part ☐ divorce action) against you in the Superior Court of New Jersey. The verified
complaint attached to this order to show cause states the basis of the lawsuit. If you dispute this

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complaint, you, or your attorney, must file a (select one) ☐ written answer, an answering
affidavit or a motion returnable on the return date to the order to show cause (or Family Part ☐
appearance or response) and proof of service before the return date of the order to show cause.
These documents must be filed with the Clerk of the Superior Court in the county listed
above. A directory of these offices is available in the Civil Division Management Office in the
county listed above and online at njcourts.gov.
Include a $ filing fee payable to the “Treasurer State of New Jersey.” You must also
send a copy of your (select one) ☐ answer, answering affidavit or motion (or Family Part ☐
appearance or response) to the plaintiff’s attorney whose name and address appear above, or to
the plaintiff, if no attorney is named above. A telephone call will not protect your rights; you
must file and serve your (select one) ☐answer, answering affidavit or motion (or Family Part
☐ appearance or response) with the fee or judgment may be entered against you by default.
8. If you cannot afford an attorney, you may call the Legal Services office in the county in
which you live or the Legal Services of New Jersey Statewide Hotline at 1-888-LSNJ-LAW (1-
888-576-5529). If you do not have an attorney and are not eligible for free legal assistance you
may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A directory
with contact information for local Legal Services Offices and Lawyer Referral Services is
available in the Civil Division Management Office in the county listed above and online at
njcourts.gov.
9. The Court will entertain argument, but not testimony, on the return date of the order to
show cause, unless the court and parties are advised to the contrary no later than days
before the return date.

, J.S.C.

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