7:8-9. Non-Monetary Procedures on Failure to Appear

7:8-9. Non-Monetary Procedures on Failure to Appear

(a) Warrant or Notice.

(1) Non-Parking Motor Vehicle Cases. If a defendant in any non-parking
case before the court fails to appear or answer a complaint, the court may either issue a
bench warrant for the defendant's arrest in accordance with R. 7:2-2(c) or issue and mail
a failure to appear notice to the defendant on a form approved by the Administrative
Director of the Courts. If a failure to appear notice is mailed to the defendant and the
defendant fails to comply with its provisions, a bench warrant may be issued in
accordance with R. 7:2-2(c).

(2) Parking Cases. If a defendant in any parking case before the court fails
to appear or answer a complaint, the court shall mail a failure to appear notice to the
defendant on a form approved by the Administrative Director of the Courts. Where a
defendant has not appeared or otherwise responded to failure to appear notices
associated with two or more pending parking tickets within the court's jurisdiction, the
court may issue a bench warrant in accordance with R. 7:2-2(c). Such a bench warrant
shall not issue when the pending tickets have been issued on the same day or otherwise
within the same 24-hour period.

(b) Driving Privileges; Report to Motor Vehicle Commission.

(1) Non-Parking Motor Vehicle Cases. If the court has not issued a bench
warrant upon the failure of the defendant to comply with the court's failure to appear
notice, the court shall report the failure to appear or answer to the Chief Administrator of
the Motor Vehicle Commission on a form approved by the Administrative Director of the
Courts within 30 days of the defendant's failure to appear or answer. The court shall then
mark the case as closed on its records, subject to being reopened pursuant to
subparagraph (e) of this rule. If the court elects, however, to issue a bench warrant, it may
simultaneously report the failure to appear or answer to the Motor Vehicle Commission on
a form approved by the Administrative Director of the Courts. If the court does not
simultaneously notify the Motor Vehicle Commission and the warrant has not been
executed within 30 days, the court shall report the failure to appear or answer to the
Motor Vehicle Commission on a form approved by the Administrative Director of the
Courts. Upon the notification to the Motor Vehicle Commission, the court shall then mark
the case as closed on its records subject to being reopened pursuant to subparagraph (e)
of this rule.

(2) All Other Cases. In all other cases, whether or not a bench warrant is
issued, the court may order the suspension of the defendant's driving privileges or of
defendant's nonresident reciprocity privileges or prohibit the person from receiving or
obtaining driving privileges until the pending matter is adjudicated or otherwise disposed
of. The court shall then mark the case as closed on its records, subject to being reopened
pursuant to subparagraph (e) of this rule.

(c) Unexecuted Bench Warrant. If a bench warrant is not executed, it shall
remain open and active until the court either recalls, withdraws or discharges it. If bail has
been posted after the issuance of the bench warrant and the defendant fails to appear or
answer, the court may declare a forfeiture of the bail, report a motor vehicle bail forfeiture
to the Motor Vehicle Commission and mark the case as closed on its records subject to
being reopened pursuant to subparagraph (e) of this rule. The court may set aside any
bail forfeiture in the interest of justice.

(d) Parking Cases; Unserved Notice. In parking cases, no bench warrant may be
issued if the initial failure to appear notice is returned to the court by the Postal Service
marked to indicate that the defendant cannot be located. The court then may order a
suspension of the registration of the motor vehicle or of the defendant’s driving privileges
or defendant's nonresident reciprocity privileges or prohibit the person from receiving or
obtaining driving privileges until the pending matter is adjudicated or otherwise disposed
of. The court shall forward the order to suspend to the Motor Vehicle Commission on a
form approved by the Administrative Director of the Courts. The court shall then mark the
case as closed on its records, subject to being reopened pursuant to subparagraph (e) of
this rule.

(e) Reopening. A case marked closed shall be reopened upon the request of the
defendant, the prosecuting attorney or on the court's own motion.

(f) Dismissal of Parking Tickets. In any parking case, if the municipal court fails,
within three years of the date of the violation, to either issue a bench warrant for the
defendant's arrest or to order a suspension of the registration of the vehicle or the
defendant’s driving privileges or the defendant's non-resident reciprocity privileges or
prohibit the person from receiving or obtaining driving privileges, the matter shall be
dismissed and shall not be reopened.

(g) Monetary Sanctions for Failure to Appear. Monetary sanctions on
defendants for failure to appear are addressed in R. 7:8-9A.

Note: Source – Paragraphs (a), (b), (c), (d), (e): R. (1969) 7:6-3; paragraph (f): new. Adopted October 6, 1997 to be effective February 1, 1998; paragraph (a) text deleted, and new paragraphs (a)(1) and (a)(2) adopted July 28, 2004 to be effective September 1, 2004; paragraph (b) caption amended, paragraphs (b)(1), (c), (d) and (f) amended July 16, 2009 to be effective September 1, 2009; paragraphs (a)(1), (a)(2), (b)(1), (b)(2) amended, paragraph (c) caption and text amended, and paragraphs (d) and (f) amended August 30, 2016 to be effective January 1, 2017; caption amended and new paragraph (g) adopted July 17, 2018 to be effective September 1, 2018.