3:12-1. Notice Under Specific Criminal Code Provisions

3:12-1. Notice Under Specific Criminal Code Provisions

A defendant shall serve written notice on the prosecutor if the defendant intends to
rely on any of the following sections of the Code of Criminal Justice: Ignorance or Mistake,
2C:2-4(c); Accomplice: Renunciation Terminating Complicity, 2C:2-6(e)(3); Intoxication,
2C:2-8(d); Duress, 2C:2-9(a); Entrapment, 2C:2-12(b); General Principles of Justification,
2C:3-1 to 2C:3-11; Insanity, 2C:4-1; Lack of Requisite State of Mind, 2C:4-2; Criminal
Attempt (renunciation of criminal purpose), 2C:5-1(d); Conspiracy (renunciation of criminal
purpose), 2C:5-2(e); Murder (affirmative defense, felony murder), 2C:11-3(a)(3); Criminal
Restraint, 2C:13-2(b); Theft by Extortion, 2C:20-5; Perjury (retraction), 2C:28-1(d); False
Swearing (retraction), 2C:28-2(b); Controlled Dangerous Substances Near or On School
Property, 2C:35-7; and Distributing, Dispensing or Possessing Controlled Substances
Within 500 Feet of Public Housing Facilities, Parks or Buildings, 2C:35-7.1.

No later than seven days before the Initial Case Disposition Conference that is
scheduled pursuant to R. 3:9-1 (e) the defendant shall serve on the prosecutor a notice of
intention to claim any of the defenses listed herein; and if the defendant requests or has
received discovery pursuant to R. 3:13-3(b)(1), the defendant shall, pursuant to R. 3:13-
3(b)(2), furnish the prosecutor with discovery pertaining to such defenses at the time the
notice is served. The prosecutor shall, within 14 days after receipt of such discovery,
comply with R. 3:13-3(b)(1) and (f) with respect to any defense for which the prosecutor
has received notice.

For good cause shown the court may extend the time of service of any of the
foregoing, or make such other orders as the interest of justice requires. If a party fails to
comply with this Rule, the court may take such action as the interest of justice requires.
The action taken may include refusing to allow the party in default to present witnesses in
support or in opposition of that defense at the trial or to allow the granting of an
adjournment or delay during trial as the interest of justice demands.

Note: Source-R.R. 3:5-9A. Former Rule 3:12 amended August 28, 1979 to be effective September 1, 1979; main caption amended and former Rules 3:12 and 3:12A amended, combined and redesignated as Rule 3:12-1, July 13, 1994, second paragraph amended December 9, 1994, to be effective January 1, 1995; amended July 12, 2002 to be effective September 3, 2002; amended December 4, 2012 to be effective January 1, 2013; amended April 12, 2016 to be effective May 20, 2016; amended August 1, 2016 to be effective September 1, 2016.