Rule 3:10-2. Time and Manner of Making Motion; Hearing on Motion

Rule 3:10-2. Time and Manner of Making Motion; Hearing on Motion

(a) Time and Manner of Making Motion. Unless otherwise required by law,
pre-indictment motions shall be heard by the judge to whom the case is assigned. If the
case has not been assigned to a judge pre-indictment motions shall be made to the
Criminal Presiding Judge or designee, except as otherwise provided by law. Unless
otherwise required by law, or ordered by the Criminal Presiding Judge, post-indictment
motions shall be made to the judge to whom the indictment has been assigned. Unless
otherwise instructed by the court, at the arraignment counsel shall advise the court of
their intention to make motions. Absent good cause, all motions shall be filed with the
court and be accompanied by a brief by the scheduled Initial Case Disposition
Conference. If, however, the party opposing the motion bears the burden of proof, the
time for submitting the brief is at the discretion of the court. The dates for briefing and
for the hearing of such motions shall be set by the court either before or at the Initial
Case Disposition Conference. Unless otherwise ordered by the court, motions and
conferences shall be scheduled on the same day. The court may for good cause shown
and in the interest of justice permit additional motions to be made thereafter. A motion
shall include all defenses and objections then available to the defendant.

(b) Hearing on Motion. A motion made before trial shall be determined before
the trial memorandum is prepared and the trial date fixed, unless the court, for good
cause, orders it deferred for determination at or after trial.

(c) Defenses and Objections Which Must be Raised Before Trial. The
defense of double jeopardy and all other defenses and objections based on defects in
the institution of the prosecution or in the indictment or accusation, except as otherwise
provided by R. 3:10-2(d) (defenses which may be raised only before or after trial) and R.
3:10-2(e) (lack of jurisdiction), must be raised by motion before trial. Failure to so
present any such defense constitutes a waiver thereof, but the court for good cause
shown may grant relief from the waiver.

(d) Defenses and Objections Which May Only be Raised Before or After
Trial. The defense that the indictment or accusation fails to charge an offense and the
defense that the charge is based on a statute or regulation promulgated pursuant to
statute which is unconstitutional or invalid in whole or in part may only be raised by
motion either before trial or within 10 days after a verdict of guilty or within such further
time as the court may fix during such 10-day period, or on appeal. Such defenses shall
not be considered during trial.

(e) Lack of Jurisdiction. The court shall notice the defense of lack of jurisdiction
in the court at any time during the pendency of the proceeding except during trial.

(f) Motions Subject to R. 3:25-4(i)(3). In cases where an eligible defendant has
been ordered to be detained pending trial, all briefing, arguments, and evidentiary
hearings required to complete the record on a pretrial motion shall be completed
promptly but in no event later than 60 days after the filing of the notice of motion, unless
the court finds that good cause exists to extend the time within which to complete the
record, and the court sets forth on the record, whether orally or in writing, those facts
that support its finding of good cause.

Note: Source--R.R. 3:5-5(b) (2) (second and fourth sentences); caption amended, Rule amended and
redesignated as paragraph (c), Rules 3:10-3 3:10-4, 3:10-5, and 3:10-6 amended, redesignated and
incorporated into R. 3:10-2 as paragraphs (d), (e), (a), and (b) respectively July 13, 1994 to be effective January 1, 1995; paragraph (a) amended April 12, 2016 to be effective May 20, 2016; paragraph (a) amended August 1, 2016 to be effective September 1, 2016; new paragraph (f) adopted August 30, 2016 to be effective January 1, 2017.