Order to Show Cause Probate Part Action 11215

SUPERIOR COURT OF NEW JERSEY
CHANCERY DIVISION ______ COUNTY
PROBATE PART

[Caption: See Rule 4:83‐3 for Probate Part Actions]

IN THE MATTER OF


Docket No.:
CIVIL ACTION
ORDER TO SHOW CAUSE
SUMMARY ACTION

THIS MATTER being brought before the Court by _____________, attorney
for plaintiff, [insert the plaintiff’s name], seeking relief by way of summary action 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 R.4:83‐1 and for good cause shown.
IT IS on this _____ day of __________ , 20__ , ORDERED that the parties in
interest named in paragraph __ of the verified complaint appear and show cause on the
_____ day of __________, 20__ before the Superior Court, Chancery Division, Probate Part
[and fill in, or leave an appropriate blank to be filled in by the Court or Surrogate, if the matter is to
be heard by a specified Judge] at the __________ County Courthouse [provide the address] in
______________, New Jersey at _____ o’clock in the _____ noon, or as soon thereafter as
counsel can be heard, why judgment should not be entered for:
A. [Set forth with specificity the return date relief that the plaintiff is seeking.];
B. _____________________________________;
C. ______________________________________;
D. Granting such other relief as the court deems equitable and just.
And it is further ORDERED that:
[Note: Model Probate Part OSC promulgated by Directive #8-08, CN: 11215-English]
1. Any party in interest who wishes to be heard with respect to any of the
relief requested in the verified complaint served with this order to show cause shall file
with the Surrogate of ______________ County and serve upon the attorney for the plaintiff
at the address set forth above, a written answer, an answering affidavit, a motion
returnable on the date this matter is scheduled to be heard, or other response to this order
to show cause and to the relief requested in the verified complaint by ________________,
20___. Filing shall be made with the Surrogate of __________ County at [insert address of
Surrogate in the County where action is being brought]. Such responding party in interest shall
also file with such Surrogate by the foregoing date a proof of service upon the plaintiff. [A
copy of such response shall also be filed directly with the chambers of Judge
_______________ at the following address: _________________________________________.]
2. Any party in interest who fails to timely file and serve a response in
the manner provided in paragraph 1 of this order to show cause shall be deemed in default,
the matter may proceed to judgment without any further notice to or participation by such
defaulting party in interest, and the judgment shall be binding upon such defaulting party
in interest.
3. Parties in interest are hereby advised that a telephone call to the
plaintiff, to the plaintiff’s attorney, to the Surrogate, or to the Court will not protect your
rights; you must file and serve your answer, answering affidavit, motion or other response
with the filing fee required by statute. The check or money order for the filing fee shall be
made payable to the Surrogate of the County where this matter is being heard. If you
cannot afford an attorney, you may call the Legal Services office in the county in which you
live. A list of these offices is provided. If you do not have an attorney or are not eligible for
free legal assistance through the Legal Services office (or such office does not provide
services for this particular type of proceeding), you may obtain a referral to an attorney by
calling one of the Lawyer Referral Services. A list of these office numbers is also provided.

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4. If no party in interest timely files and serves a response to this order to
show cause as provided for above, the application may be decided by the Court on or after
the date this matter is scheduled to be heard, and may be decided on the papers without a
hearing, provided that the plaintiff has filed a proof of service and a proposed form of
judgment as required by paragraphs 7 and 9 of this order to show cause.
5. If a party in interest timely files a response as provided for above, the
court may entertain argument [add if appropriate: “and may take testimony” or “but will not
take testimony”] on the date this matter is scheduled to be heard.
6. The plaintiff must file and serve any written reply to the response of a
party in interest by _________, 20__. The reply papers together with a proof of service must
be filed with the Surrogate in the county listed above [and a copy of the reply papers must
be sent directly to the chambers of Judge __________].
7. Plaintiff shall submit to the Surrogate an original and two copies of a
proposed form of judgment addressing the relief sought on the date this matter is
scheduled to be heard (along with a postage‐paid return envelope) no later than _____ (__)
days before the date this matter is scheduled to be heard.
8. A copy of this order to show cause, the verified complaint, and [insert a
description of any other filed papers, such as an accounting], and all affidavits submitted in
support of this application, all of which shall be certified thereon by plaintiff’s attorney to
be true copies, shall be served upon the parties in interest listed in paragraph __ of the
complaint, by certified mail, return receipt requested (or by registered mail, return receipt
requested with respect to any party in interest who resides outside the United States) [, and
by regular mail] [or alternatively: shall be personally served upon the parties in interest
listed in paragraph __ of the complaint] within __ days of the date hereof, in accordance
with R. 4:67‐3, R. 4:4‐3 and R. 4:4‐4, this order to show cause being original process.
9. The plaintiff shall file with the Surrogate of _________ County a proof
of service of the documents required by paragraph 8 above to be served on the parties in
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interest no later than _____ (__) days before the date this matter is scheduled to be heard.
10. 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.
11. [In many proceedings in the probate part, an interested party will be a minor
or incapacitated, which will require that a guardian ad litem be appointed, and/or an attorney be
appointed as counsel to represent the minor or incapacitated person. See generally R.4:26‐2. In
such matters, it may be appropriate to add an additional paragraph or paragraphs to this order to
show cause to appoint, or provide for the procedure to appoint, such counsel or guardian ad litem.]


J.S.C.
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Atlantic County Surrogate
Atlantic County Civil Courthouse
1201 Bacharach Blvd. Atlantic City, NJ 08401

Bergen County Surrogate
Bergen County Justice Center
10 Main Street, Room 211,
P.O. Box 600, Hackensack, NJ 07601-7691

Burlington County Surrogate
Burlington County Court Complex
49 Rancocas Road, 1st floor
PO Box 6000, Mt. Holly, NJ 08060-1827

Camden County Surrogate
Camden County Surrogate Office
415 Federal Street, Camden, NJ 08103-1122

Cape May County Surrogate
4 Moore Rd., POB 207
Cape May Court House, NJ 08210

Cumberland County Surrogate
Cumberland County Courthouse
60 West Broad Street, Suite A111
Bridgeton, NJ 08302

Essex County Surrogate
206 Hall of Records
465 Dr. Martin Luther King, Jr. Blvd.,
Newark, NJ 07102

Gloucester County Surrogate
Surrogate Building
17 North Broad Street, 1st flr.
P.O. Box 177, Woodbury, NJ 08096-7177

Hudson County Surrogate
Administration Bldg.
595 Newark Ave., Room 107
Jersey City, NJ 07306

Hunterdon County Surrogate
Hunterdon County Justice Center
65 Park Avenue
P.O. Box 2900, Flemington, NJ 08822-2900

Mercer County Surrogate
Mercer County Courthouse
175 So. Broad Street
P.O. Box 8068,Trenton, NJ 08650-0068

Middlesex County Surrogate
Administration Building
75 Bayard Street,
PO Box 790 New Brunswick, NJ 08903-0790

Monmouth County Surrogate
Hall of Records
1 East Main Street
P.O. Box 1265, Freehold, NJ 07728-1265

Morris County Surrogate
Administrative & Records Bldg, 5th Fl.
Court Street
P.O. Box 900 Morristown, NJ 07963-0900

ATLANTIC COUNTY:
LAWYER REFERRAL: (609) 345-3444
LEGAL SERVICES: (609) 348-4200

BERGEN COUNTY:
LAWYER REFERRAL (201) 488-0044
LEGAL SERVICES (201) 487-2166


BURLINGTON COUNTY:
LAWYER REFERRAL (609) 261-4862
LEGAL SERVICES (800) 496-4570


CAMDEN COUNTY:
LAWYER REFERRAL: (856) 964-4520
LEGAL SERVICES: (856) 964-2010

CAPE MAY COUNTY:
LAWYER REFERRAL: (609) 463-0313
LEGAL SERVICES :(609) 465-3001

CUMBERLAND COUNTY:
LAWYER REFERRAL: (856) 692-6207
LEGAL SERVICES: (856) 451-0003


ESSEX COUNTY:
LAWYER REFERRAL: (973) 622-6207
LEGAL SERVICES: (973) 624-4500


GLOUCESTER COUNTY:
LAWYER REFERRAL: (856) 848-4589
LEGAL SERVICES: (856) 848-5360


HUDSON COUNTY:
LAWYER REFERRAL: (201) 798-2727
LEGAL SERVICES: (201) 792-6363


HUNTERDON COUNTY:
LAWYER REFERRAL: (908) 263-6109
LEGAL SERVICES: (908) 782-7979


MERCER COUNTY:
LAWYER REFERRAL: (609) 585-6200
LEGAL SERVICES: (609) 695-6249

MIDDLESEX COUNTY:
LAWYER REFERRAL: (732) 828-0053
LEGAL SERVICES: (732) 249-7600



MONMOUTH COUNTY:
LAWYER REFERRAL: (732) 431-5544
LEGAL SERVICES: (732) 866-0020


MORRIS COUNTY:
LAWYER REFERRAL: (973) 267-5882
LEGAL SERVICES: (973) 285-6911


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Ocean County Surrogate
Ocean County Courthouse
118 Washington Street
P.O. Box 2191 , Toms River, NJ 08754-2191

Passaic County Surrogate
Passaic County Courthouse
77 Hamilton Street
Paterson, NJ 07505

Salem County Surrogate
Salem County Surrogate’s Court
92 Market Street
Salem, NJ 08079

Somerset County Surrogate
Somerset Co. Surrogate’s Office
20 Grove Street
P.O. Box 3000, Somerville, NJ 08876

Sussex County Surrogate
Sussex County Surrogate’s Court
4 Park Place, 2nd flr.,
Newton, NJ 07860

Union County Surrogate
Union County Courthouse
2 Broad Street, 2nd flr.
Elizabeth, NJ 07207-6001

Warren County Surrogate
Warren County Courthouse
413 Second Street
Belvidere, NJ 07823-1500

OCEAN COUNTY:
LAWYER REFERRAL: (732) 240-3666
LEGAL SERVICES: (732) 341-2727


PASSAIC COUNTY:
LAWYER REFERRAL: (973) 278-9223
LEGAL SERVICES: (973) 523-2900


SALEM COUNTY:
LAWYER REFERRAL: (856) 678-8363
LEGAL SERVICES: (856) 451-0003


SOMERSET COUNTY:
LAWYER REFERRAL: (908) 685-2323
LEGAL SERVICES: (908) 231-0840


SUSSEX COUNTY:
LAWYER REFERRAL: (973) 267-5882
LEGAL SERVICES: (973) 383-7400


UNION COUNTY:
LAWYER REFERRAL: (908) 353-4715
LEGAL SERVICES: (908) 354-4340

WARREN COUNTY:
LAWYER REFERRAL: (908) 387-1835
LEGAL SERVICES: (908) 475-2010