[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Motion to Extend Time for Service of Process — Case No. [Case Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing to request an extension of time to serve the necessary legal documents in the above-mentioned case. I am representing [Your Client's Name], the plaintiff in this matter. As per the New Jersey Rules of Court, specifically Rule 4:4-4(a)(1), service of process should generally be completed within 30 days of the filing date of the complaint. However, due to unforeseen circumstances, such as difficulties in locating the defendant or other logistical challenges, I believe it would be just and reasonable to grant an extension of time for the service of process in this case. In support of this motion, I would like to highlight the following essential points: 1. Diligent Efforts: Since the initiation of this case, my client and I have made every possible effort to serve the necessary documents upon the defendant. We have engaged the services of professional process servers and conducted extensive searches in various public records databases and social media platforms to locate the defendant with no success. 2. Incomplete Address for Service: Initially, we were provided with an incomplete or outdated address for the defendant, which further complicated the process of serving the necessary legal documents. 3. COVID-19 Pandemic: It is imperative to note that the ongoing COVID-19 pandemic has significantly impacted the efficiency of service of process due to restrictions, safety guidelines, and other related challenges. These unprecedented circumstances have made it particularly arduous to locate and serve the defendant within the traditional time frame. In light of these circumstances, I kindly request an extension of time for an additional [number of days] to serve the process upon the defendant. This extension will allow us to continue our diligent efforts and ensure that proper service is effectuated. Furthermore, I would like to inform the court that [Your Client's Name] has no objection to this motion, as it is crucial to ensure due process. We firmly believe that granting this extension is necessary for a fair and just resolution of this case. Enclosed with this letter, please find a proposed order granting an extension of time for service of process in accordance with this motion. I kindly request the court's consideration and approval of this request. Thank you for your attention to this matter. Should you require any further information or clarification, please do not hesitate to contact me at the provided contact details. Yours sincerely, [Your Name]
New Jersey Sample Letter for Motion to Extend Time for Service of Process
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How to fill out New Jersey Sample Letter For Motion To Extend Time For Service Of Process?
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FAQ
In general, delays can be categorised into four types, which can help you to understand if an extension of time claim is what you need or if a different route is preferable. The four types are: non-critical, critical, excusable or compensable.
An extension of time is usually only given if the contractor proves that the delay to the completion date is not down to his action or inaction. Common reasons for an extension of time would include adverse weather, variations to the works from the employer or difficulties encountered on site.
Time for Filing Most Motions Most motions must be filed and served at least 16 days before the return date, opposition must be filed and served at least 8 days before the return date, and any reply must be filed and served at least 4 days before the return date.
Your request via email and/or letter will need to include the original filing dates, new proposed filing dates, the number of previous requests (if any), and whether the other party consents to the extension. Email a copy of the letter you file to the other party (usually it's an attorney).
If the court has not already granted an application to extend the time to file your brief, the parties may stipulate to extend the briefing time for up to 60 days for each type of brief by filing one or more stipulations in the Court of Appeal before the brief is due. (CRC rule 8.212(b).)
Common reasons for an extension of time would include adverse weather, variations to the works from the employer or difficulties encountered on site. If an extension of time is not granted and the contractor does not meet a contractually agreed completion date he may be exposed to a claim for liquidated damages.
(Subd (b) amended effective January 1, 2023; previously amended effective January 1, 2007.) (1) An application to extend time must include a declaration stating facts, not mere conclusions, and must be served on all parties. For good cause, the Chief Justice or presiding justice may excuse advance service.
Appropriate reasons include: Physical health: injuries, ailments, as well as chronic health conditions. Mental health: anxiety, depression, and other ongoing or long-term mental health conditions. Bereavement: serious illness or death of a family member, guardian, or significant person in your life.
