Rule text
a. Where Laid. Except as otherwise provided by statute, venue in actions in the Special Civil Part and the Small Claims Section shall be laid in the county in which at least one defendant in the action resides. If all defendants are non-residents of this state, venue shall be laid in the county in which the cause of action arose. For purposes of this rule, a business entity shall be deemed to reside in the county in which its registered office is located or in any county in which it is actually doing business. Except as otherwise provided by statute, venue in landlord and tenant actions shall be laid in the county where the rental premises is located and actions for the recovery of a security deposit may be brought in the county where the property is situated. If all defendants are non-residents of this state, venue shall be laid in the county in which the cause of action arose.
b. Improperly Venued Complaints. If a Special Civil Part complaint is presented for filing in a county where venue does not lie, and the error is apparent prior to acceptance of the complaint for filing and processing, the complaint shall be date stamped and returned to the plaintiff with instructions to file it in the county in which venue is properly laid. The original stamped date shall be considered the filing date only if the complaint is filed within 15 days thereof with the Office of the Special Civil Part in the appropriate county. The stamp bearing the filing date shall so inform the plaintiff. If, however, the complaint has been filed and it becomes apparent before service is effectuated that venue is improper, the Office of the Special Civil Part shall forward the complaint and all other documents filed in the matter to the proper county and advise the litigants of the correct county of venue as well as the address of the Special Civil Part Office in that county.
Notes
Note: Caption amended and paragraphs (a) through (g) adopted November 7, 1988 to be effective January 2, 1989; paragraph (c) amended July 17, 1991 to be effective immediately; paragraph (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (c) amended July 12, 2002 to be effective September 3, 2002; paragraph (c) amended July 27, 2006 to be effective September 1, 2006; paragraphs (e) and (b) amended July 9, 2008 to be effective September 1, 2008; paragraph (a) amended August 1, 2016 to be effective September 1, 2016; paragraph (b) amended March 7, 2017 to be effective immediately; paragraph (b) amended July 27, 2018 to be effective September 1, 2018.