Rule 5:1-2. Actions Cognizable

Rule 5:1-2. Actions Cognizable
The following actions shall be cognizable in the Family Part:
(a) Family Actions Generally. All actions in which the principal claim is unique to
and arises out of a family or family-type relationship, including palimony actions, shall
be filed and heard in the Chancery Division, Family Part. Such actions shall include all
actions and proceedings referenced in Chapters II and III of Part V, unless otherwise
provided in Rule 4:3-1(a)(4); all actions and proceedings formerly designated as
matrimonial actions; actions that arise under the Domestic Partnership Act, N.J.S.A.
26:8A-1 et seq.; actions arising under N.J.S.A. 37:1-28 et seq. relating to civil unions;
and all actions and proceedings formerly cognizable in the Juvenile and Domestic
Relations Court.
(b) Juvenile Delinquency Actions.
(c) Criminal and Quasi-Criminal Actions.
(1) Criminal actions brought pursuant to N.J.S.A. 2C:24-5 (willful
nonsupport) shall be prosecuted in the Family Part subject to transfer to the Law
Division pursuant to R. 3:1-5(b) in the event the defendant is entitled to and demands
trial by jury.
(2) All other indictable offenses pending in the Law Division may be
transferred to the Family Part for trial and disposition pursuant to R. 3:1-5 provided that
(A) the gravamen of the offense charged arises out of a family or a family-type
relationship between the defendant and a victim, (B) the defendant has waived trial by
jury pursuant to R. 1:8-1, (C) the defendant and the prosecutor have both consented to
such transfer.
(3) Any non-indictable offense or violation pending in the municipal court
and any indictable offense within the trial jurisdiction of the municipal court may be
transferred for trial and disposition to the Family Part pursuant to R. 5:1-3(b) provided
that the gravamen of the offense or violation arises out of a family or family-type
relationship between the defendant and a victim.
Note: Source-new. Adopted December 20, 1983, to be effective December 31, 1983; paragraph (c)(1)
amended June 28, 1996 to be effective September 1, 1996; paragraph (a) amended June 15, 2007 to be effective September 1, 2007; paragraph (a) caption and text amended July 27, 2018 to be effective
September 1, 2018.