7:2-1. Contents of Complaint, Complaint-Warrant (CDR-2) and Summons
(a) Complaint: General. The complaint shall be a written statement of the
essential facts constituting the offense charged made on a form approved by the
Administrative Director of the Courts. Except as otherwise provided by paragraphs (f)
(Traffic Offenses), (g) (Special Form of Complaint and Summons), and (h) (Use of
Special Form of Complaint and Summons in Penalty Enforcement Proceedings), the
complaining witness shall attest to the facts contained in the complaint by signing a
certification or signing an oath before a judge or other person so authorized by N.J.S.A.
2B:12-21.
If the complaining witness is a law enforcement officer, the complaint may be
signed by an electronic entry secured by a Personal Identification Number (hereinafter
referred to as an electronic signature) on the certification, which shall be equivalent to
and have the same force and effect as an original signature.
(b) Acceptance of Complaint. The municipal court administrator or deputy court
administrator shall accept for filing every complaint made by any person. Acceptance of
the complaint does not mean that a finding of probable cause has been made in
accordance with R. 7:2-2 or that the Complaint-Warrant (CDR-2) or summons has been
issued.
(c) Summons: General. The summons shall be on a Complaint-Summons form
(CDR-1) or other form prescribed by the Administrative Director of the Courts and shall
be signed by the officer issuing it. An electronic signature of any law enforcement officer
or any other person authorized by law to issue a Complaint-Summons shall be
equivalent to and have the same force and effect as an original signature. The
summons shall be directed to the defendant named in the complaint, shall require
defendant's appearance at a stated time and place before the court in which the
complaint is made, and shall inform defendant that an arrest a bench warrant may be
issued for a failure to appear.
(d) Complaint-Warrant (CDR-2)
(1) Complaint-Warrant (CDR-2): General. The arrest warrant for an initial
charge shall be made on a Complaint-Warrant (CDR-2) or other form prescribed by the
Administrative Director of the Courts and shall be signed by a judicial officer after a
determination of probable cause that an offense was committed and that the defendant
committed it. A judicial officer, for purposes of the Part VII rules, is defined as a judge,
authorized municipal court administrator or deputy court administrator. An electronic
signature by the judicial officer shall be equivalent to and have the same force and
effect as an original signature. The warrant shall contain the defendant's name or, if
unknown, any name or description that identifies the defendant with reasonable
certainty. It shall be directed to any officer authorized to execute it.
(2) Complaint-Warrant (CDR-2) - Disorderly Persons Offenses. When a
Complaint-Warrant (CDR-2) is issued and the most serious charge is a disorderly
persons offense, the court shall order that the defendant be arrested and remanded to
the county jail pending a determination of conditions of pretrial release. Complaints in
which the most serious charge is an indictable offense are governed by R. 3:2-1.
(3) Complaint-Warrant (CDR-2) - Petty Disorderly Persons Offense or Any
Other Matter within the Jurisdiction of the Municipal Court. When a Complaint-Warrant
(CDR-2) is issued and the most serious charge is a petty disorderly persons offense or
any other matter within the jurisdiction of the Municipal Court, as set forth in N.J.S.A.
2B:12-17 and R. 7:1, the court shall order that the defendant be arrested and brought
before the court issuing the warrant. The judicial officer issuing a warrant may specify
therein the amount and conditions of bail or release on personal recognizance,
consistent with R. 7:4, required for defendant's release.
(e) Issuance of a Complaint-Warrant (CDR-2) When Law Enforcement
Applicant is Not Physically Before a Judicial Officer. A judicial officer may issue a
Complaint-Warrant (CDR-2) upon sworn oral testimony of a law enforcement applicant
who is not physically present. Such sworn oral testimony may be communicated by the
applicant to the judicial officer by telephone, radio, or other means of electronic
communication.
The judicial officer shall administer the oath to the applicant. After taking the
oath, the applicant must identify himself or herself and read verbatim the ComplaintWarrant
(CDR-2) and any supplemental affidavit that establishes probable cause for the
issuance of a Complaint-Warrant (CDR-2). If the facts necessary to establish probable
cause are contained entirely on the Complaint-Warrant (CDR-2) and/or supplemental
affidavit, the judicial officer need not make a contemporaneous written or electronic
recordation of the facts in support of probable cause. If the law enforcement applicant
provides additional sworn oral testimony in support of probable cause, the judicial officer
shall contemporaneously record such sworn oral testimony by means of a recording
device if available; otherwise, adequate notes summarizing the contents of the law
enforcement applicant's testimony shall be made by the judicial officer. This sworn
testimony shall be deemed to be an affidavit or a supplemental affidavit for the purposes
of issuance of a Complaint-Warrant (CDR-2).
A Complaint-Warrant (CDR-2) may issue if the judicial officer finds that probable
cause exists and that there is also justification for the issuance of a Complaint-Warrant
(CDR-2) pursuant to the factors identified in Rule 7:2-2(c). If a judicial officer does not
find justification for a warrant under Rule 7:2-2(c), the judicial officer shall issue a
summons.
If the judicial officer has determined that a warrant shall issue and has the ability
to promptly access the Judiciary’s computerized system used to generate complaints,
the judicial officer shall electronically issue the Complaint-Warrant (CDR-2) in that
computer system. If the judicial officer has determined that a warrant shall issue and
does not have the ability to promptly access the Judiciary’s computerized system used
to generate complaints, the judicial officer shall direct the applicant to complete the
required certification and activate the complaint pursuant to procedures prescribed by
the Administrative Director of the Courts.
Upon approval of a Complaint-Warrant (CDR-2), the judicial officer shall
memorialize the date, time, defendant’s name, complaint number, the basis for the
probable cause determination, and any other specific terms of the authorization. That
memorialization shall be either by means of a recording device or by adequate notes.
A judicial officer authorized for that court shall verify, as soon as practicable, any
warrant authorized under this subsection and activated by law enforcement. Remand to
the county jail for defendants charged with a disorderly persons offense and a pretrial
release decision are not contingent upon completion of this verification.
Procedures authorizing issuance of restraining orders pursuant to N.J.S.A.
2C:35-5.7 (“Drug Offender Restraining Order Act of 1999”) and N.J.S.A. 2C:14-12
(“Nicole’s Law”) by electronic communications are governed by R. 7:4-1(d).
(f) Traffic Offenses
(1) Form of Complaint and Process. The Administrative Director of the
Courts shall prescribe the form of Uniform Traffic Ticket to serve as the complaint,
summons or other process to be used for all parking and other traffic offenses. On a
complaint and summons for a parking or other non-moving traffic offense, the defendant
need not be named. It shall be sufficient to set forth the license plate number of the
vehicle, and its owner or operator shall be charged with the violation.
(2) Issuance. The complaint may be made and signed by any person, but
the summons shall be signed and issued only by a law enforcement officer or other
person authorized by law to issue a Complaint-Summons, the municipal court judge,
municipal court administrator or deputy court administrator of the court having territorial
jurisdiction. An electronic signature of any law enforcement officer or other person
authorized by law to issue a Complaint-Summons shall be equivalent to and have the
same force and effect as an original signature.
(3) Records and Reports. Each court shall be responsible for all Uniform
Traffic Tickets printed and distributed to law enforcement officers or others in its
territorial jurisdiction, for the proper disposition of Uniform Traffic Tickets, and for the
preparation of such records and reports as the Administrative Director of the Courts
prescribes. The provisions of this subparagraph shall apply to the Chief Administrator of
the Motor Vehicle Commission, the Superintendent of State Police in the Department of
Law and Public Safety, and to the responsible official of any other agency authorized by
the Administrative Director of the Courts to print and distribute the Uniform Traffic Ticket
to its law enforcement personnel.
(g) Special Form of Complaint and Summons. A special form of complaint and
summons for any action, as prescribed by the Administrative Director of the Courts,
shall be used in the manner prescribed in place of any other form of complaint and
process.
(h) Use of Special Form of Complaint and Summons in Penalty
Enforcement Proceedings. The Special Form of Complaint and Summons, as
prescribed by the Administrative Director of the Courts, shall be used for all penalty
enforcement proceedings in the municipal court, including those that may involve the
confiscation and/or forfeiture of chattels. If the Special Form of Complaint and
Summons is made by a governmental body or officer, it may be certified or verified on
information and belief by any person duly authorized to act on its or the State's behalf.
Note: Source – Paragraph (a): R. (1969) 7:2, 7:3-1, 3:2-1; paragraph (b): R. (1969) 7:2, 7:3-1, 7:6-1, 3:2- 2; paragraph (c): R. (1969) 7:2, 7:3-1, 7:6-1, 3:2-3; paragraph (d): R. (1969) 7:6-1; paragraph (e): R. (1969) 4:70-3(a); paragraph (f): new. Adopted October 6, 1997 to be effective February 1, 1998;
paragraph (a) caption added, former paragraph (a) amended and redesignated as paragraph (a)(1),
former paragraph (b) amended and redesignated as paragraph (a)(2), former paragraph (c) redesignated as paragraph (a)(3), former paragraph (d) redesignated as paragraph (b), former paragraph (e) caption and text amended and redesignated as paragraph (c), and former paragraph (f) redesignated as paragraph (d) July 12, 2002 to be effective September 3, 2002; caption for paragraph (a) deleted, former paragraphs (a)(1) and (a)(2) amended and redesignated as paragraphs (a) and (b), former paragraph (a)(3) redesignated as paragraph (c), new paragraph (d) adopted, former paragraph (b) amended and redesignated as paragraph (e), former paragraph (c) deleted, former paragraph (d) amended and redesignated as paragraph (f), and new paragraph (g) adopted July 28, 2004 to be effective September 1, 2004; paragraph (a) amended, new paragraph (b) adopted, former paragraphs (b), (c), (d), and (e) amended and redesignated as paragraphs (c), (d), (e), and (f), former paragraphs (f) and (g) redesignated as paragraphs (g) and (h) July 16, 2009 to be effective September 1, 2009; paragraph (e) caption and text amended July 9, 2013 to be effective September 1, 2013; caption amended, and paragraphs (d) and (e) caption and text amended August 30, 2016 to be effective January 1, 2017; paragraph (d) reallocated as paragraphs (d)(1) and (d)(2), new paragraph (d)(3) added, new paragraph (d) caption added, and paragraph (e) amended November 14, 2016 to be effective January 1, 2017; paragraph (b) amended, subparagraph (d)(3) caption and text amended, and (e) amended August 2, 2019 to be effective October 1, 2019, effective date extended to January 1, 2020 pursuant to Court order dated September 25, 2019.
(a) Complaint: General. The complaint shall be a written statement of the
essential facts constituting the offense charged made on a form approved by the
Administrative Director of the Courts. Except as otherwise provided by paragraphs (f)
(Traffic Offenses), (g) (Special Form of Complaint and Summons), and (h) (Use of
Special Form of Complaint and Summons in Penalty Enforcement Proceedings), the
complaining witness shall attest to the facts contained in the complaint by signing a
certification or signing an oath before a judge or other person so authorized by N.J.S.A.
2B:12-21.
If the complaining witness is a law enforcement officer, the complaint may be
signed by an electronic entry secured by a Personal Identification Number (hereinafter
referred to as an electronic signature) on the certification, which shall be equivalent to
and have the same force and effect as an original signature.
(b) Acceptance of Complaint. The municipal court administrator or deputy court
administrator shall accept for filing every complaint made by any person. Acceptance of
the complaint does not mean that a finding of probable cause has been made in
accordance with R. 7:2-2 or that the Complaint-Warrant (CDR-2) or summons has been
issued.
(c) Summons: General. The summons shall be on a Complaint-Summons form
(CDR-1) or other form prescribed by the Administrative Director of the Courts and shall
be signed by the officer issuing it. An electronic signature of any law enforcement officer
or any other person authorized by law to issue a Complaint-Summons shall be
equivalent to and have the same force and effect as an original signature. The
summons shall be directed to the defendant named in the complaint, shall require
defendant's appearance at a stated time and place before the court in which the
complaint is made, and shall inform defendant that an arrest a bench warrant may be
issued for a failure to appear.
(d) Complaint-Warrant (CDR-2)
(1) Complaint-Warrant (CDR-2): General. The arrest warrant for an initial
charge shall be made on a Complaint-Warrant (CDR-2) or other form prescribed by the
Administrative Director of the Courts and shall be signed by a judicial officer after a
determination of probable cause that an offense was committed and that the defendant
committed it. A judicial officer, for purposes of the Part VII rules, is defined as a judge,
authorized municipal court administrator or deputy court administrator. An electronic
signature by the judicial officer shall be equivalent to and have the same force and
effect as an original signature. The warrant shall contain the defendant's name or, if
unknown, any name or description that identifies the defendant with reasonable
certainty. It shall be directed to any officer authorized to execute it.
(2) Complaint-Warrant (CDR-2) - Disorderly Persons Offenses. When a
Complaint-Warrant (CDR-2) is issued and the most serious charge is a disorderly
persons offense, the court shall order that the defendant be arrested and remanded to
the county jail pending a determination of conditions of pretrial release. Complaints in
which the most serious charge is an indictable offense are governed by R. 3:2-1.
(3) Complaint-Warrant (CDR-2) - Petty Disorderly Persons Offense or Any
Other Matter within the Jurisdiction of the Municipal Court. When a Complaint-Warrant
(CDR-2) is issued and the most serious charge is a petty disorderly persons offense or
any other matter within the jurisdiction of the Municipal Court, as set forth in N.J.S.A.
2B:12-17 and R. 7:1, the court shall order that the defendant be arrested and brought
before the court issuing the warrant. The judicial officer issuing a warrant may specify
therein the amount and conditions of bail or release on personal recognizance,
consistent with R. 7:4, required for defendant's release.
(e) Issuance of a Complaint-Warrant (CDR-2) When Law Enforcement
Applicant is Not Physically Before a Judicial Officer. A judicial officer may issue a
Complaint-Warrant (CDR-2) upon sworn oral testimony of a law enforcement applicant
who is not physically present. Such sworn oral testimony may be communicated by the
applicant to the judicial officer by telephone, radio, or other means of electronic
communication.
The judicial officer shall administer the oath to the applicant. After taking the
oath, the applicant must identify himself or herself and read verbatim the ComplaintWarrant
(CDR-2) and any supplemental affidavit that establishes probable cause for the
issuance of a Complaint-Warrant (CDR-2). If the facts necessary to establish probable
cause are contained entirely on the Complaint-Warrant (CDR-2) and/or supplemental
affidavit, the judicial officer need not make a contemporaneous written or electronic
recordation of the facts in support of probable cause. If the law enforcement applicant
provides additional sworn oral testimony in support of probable cause, the judicial officer
shall contemporaneously record such sworn oral testimony by means of a recording
device if available; otherwise, adequate notes summarizing the contents of the law
enforcement applicant's testimony shall be made by the judicial officer. This sworn
testimony shall be deemed to be an affidavit or a supplemental affidavit for the purposes
of issuance of a Complaint-Warrant (CDR-2).
A Complaint-Warrant (CDR-2) may issue if the judicial officer finds that probable
cause exists and that there is also justification for the issuance of a Complaint-Warrant
(CDR-2) pursuant to the factors identified in Rule 7:2-2(c). If a judicial officer does not
find justification for a warrant under Rule 7:2-2(c), the judicial officer shall issue a
summons.
If the judicial officer has determined that a warrant shall issue and has the ability
to promptly access the Judiciary’s computerized system used to generate complaints,
the judicial officer shall electronically issue the Complaint-Warrant (CDR-2) in that
computer system. If the judicial officer has determined that a warrant shall issue and
does not have the ability to promptly access the Judiciary’s computerized system used
to generate complaints, the judicial officer shall direct the applicant to complete the
required certification and activate the complaint pursuant to procedures prescribed by
the Administrative Director of the Courts.
Upon approval of a Complaint-Warrant (CDR-2), the judicial officer shall
memorialize the date, time, defendant’s name, complaint number, the basis for the
probable cause determination, and any other specific terms of the authorization. That
memorialization shall be either by means of a recording device or by adequate notes.
A judicial officer authorized for that court shall verify, as soon as practicable, any
warrant authorized under this subsection and activated by law enforcement. Remand to
the county jail for defendants charged with a disorderly persons offense and a pretrial
release decision are not contingent upon completion of this verification.
Procedures authorizing issuance of restraining orders pursuant to N.J.S.A.
2C:35-5.7 (“Drug Offender Restraining Order Act of 1999”) and N.J.S.A. 2C:14-12
(“Nicole’s Law”) by electronic communications are governed by R. 7:4-1(d).
(f) Traffic Offenses
(1) Form of Complaint and Process. The Administrative Director of the
Courts shall prescribe the form of Uniform Traffic Ticket to serve as the complaint,
summons or other process to be used for all parking and other traffic offenses. On a
complaint and summons for a parking or other non-moving traffic offense, the defendant
need not be named. It shall be sufficient to set forth the license plate number of the
vehicle, and its owner or operator shall be charged with the violation.
(2) Issuance. The complaint may be made and signed by any person, but
the summons shall be signed and issued only by a law enforcement officer or other
person authorized by law to issue a Complaint-Summons, the municipal court judge,
municipal court administrator or deputy court administrator of the court having territorial
jurisdiction. An electronic signature of any law enforcement officer or other person
authorized by law to issue a Complaint-Summons shall be equivalent to and have the
same force and effect as an original signature.
(3) Records and Reports. Each court shall be responsible for all Uniform
Traffic Tickets printed and distributed to law enforcement officers or others in its
territorial jurisdiction, for the proper disposition of Uniform Traffic Tickets, and for the
preparation of such records and reports as the Administrative Director of the Courts
prescribes. The provisions of this subparagraph shall apply to the Chief Administrator of
the Motor Vehicle Commission, the Superintendent of State Police in the Department of
Law and Public Safety, and to the responsible official of any other agency authorized by
the Administrative Director of the Courts to print and distribute the Uniform Traffic Ticket
to its law enforcement personnel.
(g) Special Form of Complaint and Summons. A special form of complaint and
summons for any action, as prescribed by the Administrative Director of the Courts,
shall be used in the manner prescribed in place of any other form of complaint and
process.
(h) Use of Special Form of Complaint and Summons in Penalty
Enforcement Proceedings. The Special Form of Complaint and Summons, as
prescribed by the Administrative Director of the Courts, shall be used for all penalty
enforcement proceedings in the municipal court, including those that may involve the
confiscation and/or forfeiture of chattels. If the Special Form of Complaint and
Summons is made by a governmental body or officer, it may be certified or verified on
information and belief by any person duly authorized to act on its or the State's behalf.
Note: Source – Paragraph (a): R. (1969) 7:2, 7:3-1, 3:2-1; paragraph (b): R. (1969) 7:2, 7:3-1, 7:6-1, 3:2- 2; paragraph (c): R. (1969) 7:2, 7:3-1, 7:6-1, 3:2-3; paragraph (d): R. (1969) 7:6-1; paragraph (e): R. (1969) 4:70-3(a); paragraph (f): new. Adopted October 6, 1997 to be effective February 1, 1998;
paragraph (a) caption added, former paragraph (a) amended and redesignated as paragraph (a)(1),
former paragraph (b) amended and redesignated as paragraph (a)(2), former paragraph (c) redesignated as paragraph (a)(3), former paragraph (d) redesignated as paragraph (b), former paragraph (e) caption and text amended and redesignated as paragraph (c), and former paragraph (f) redesignated as paragraph (d) July 12, 2002 to be effective September 3, 2002; caption for paragraph (a) deleted, former paragraphs (a)(1) and (a)(2) amended and redesignated as paragraphs (a) and (b), former paragraph (a)(3) redesignated as paragraph (c), new paragraph (d) adopted, former paragraph (b) amended and redesignated as paragraph (e), former paragraph (c) deleted, former paragraph (d) amended and redesignated as paragraph (f), and new paragraph (g) adopted July 28, 2004 to be effective September 1, 2004; paragraph (a) amended, new paragraph (b) adopted, former paragraphs (b), (c), (d), and (e) amended and redesignated as paragraphs (c), (d), (e), and (f), former paragraphs (f) and (g) redesignated as paragraphs (g) and (h) July 16, 2009 to be effective September 1, 2009; paragraph (e) caption and text amended July 9, 2013 to be effective September 1, 2013; caption amended, and paragraphs (d) and (e) caption and text amended August 30, 2016 to be effective January 1, 2017; paragraph (d) reallocated as paragraphs (d)(1) and (d)(2), new paragraph (d)(3) added, new paragraph (d) caption added, and paragraph (e) amended November 14, 2016 to be effective January 1, 2017; paragraph (b) amended, subparagraph (d)(3) caption and text amended, and (e) amended August 2, 2019 to be effective October 1, 2019, effective date extended to January 1, 2020 pursuant to Court order dated September 25, 2019.
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