Rule 3:2-1. Contents of Complaint; Citizen Complaints for Indictable Offenses;
Forwarding of Indictable Complaints to Prosecutor and Criminal Division
Manager; Forwarding of Investigative Reports to Prosecutor
(a) Complaint.
(1) 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. All complaints except complaints for traffic offenses, as defined in
R. 7:2-1 where made on Uniform Traffic Tickets and complaints for non-indictable
offenses made on the Special Form of Complaint and Summons, shall be by
certification or on oath before a judge or other person authorized by N.J.S.A. 2B:12-21
to take complaints. The clerk or deputy clerk, municipal court administrator or deputy
court administrator shall accept for filing any 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. 3:3-1 or that the Complaint-Warrant (CDR-2) or ComplaintSummons
(CDR-1) has been issued.
(2) Issuance of a Citizen Complaint Charging Indictable Offenses. A
Complaint-Warrant (CDR-2) or a Complaint-Summons (CDR-1) charging any indictable
offense made by a private citizen may be issued only by a judge.
(3) County Prosecutor Review of Citizen Complaints Charging Indictable
Offenses. Prior to a finding of probable cause and issuance of a Complaint-Warrant
(CDR-2) or a Complaint-Summons (CDR-1) charging any indictable offense made by a
private citizen against any individual, the Complaint-Warrant or Complaint-Summons
shall be reviewed by a county prosecutor for approval or denial. Prior to approval, the
prosecutor has the authority to modify the charge. If the prosecutor approves the citizen
complaint charging an indictable offense, the prosecutor shall indicate this decision on
the complaint and submit it to a judge who will determine if probable cause exists and
whether to issue a Complaint-Warrant or a Complaint-Summons in accordance with R.
3:3-1 in the Judiciary’s computerized system used to generate complaints. If the
prosecutor denies the citizen complaint charging an indictable offense, the prosecutor
shall report the denial and the basis therefor to the Assignment Judge on the record or
in writing and shall notify the citizen complainant and the defendant. The absence of
approval or denial within the timeframe set forth in paragraph (a)(4) of this rule shall be
deemed as not objecting to the citizen complaint. The citizen complaint charging an
indictable offense shall be reviewed by the judge for a probable cause finding and
whether to issue a Complaint-Warrant or Complaint-Summons pursuant to R. 3:3-1.
(4) Period of Time for County Prosecutor Review of Citizen Complaints
Charging Indictable Offenses. The county prosecutor shall review citizen complaints
charging indictable offenses within a period of no more than forty-five calendar days
following receipt of the citizen complaint in the Judiciary’s computerized system used to
generate complaints. The prosecutor may apply to the court to extend the period of
review upon a showing of good cause for additional periods of time no greater than ten
calendar days each.
(b) Forwarding of Indictable Complaints to Prosecutor and Criminal
Division Manager. Where a Complaint-Summons (CDR-1) or Complaint-Warrant
(CDR-2) alleges an indictable offense, the complaint shall be forwarded through the
Judiciary’s computerized system used to generate complaints to the prosecutor and the
criminal division manager’s office immediately upon issuance. When the Judiciary’s
computerized system used to generate complaints is not available, complaints shall be
forwarded pursuant to procedures prescribed by the Administrative Director of the
Courts.
(c) Forwarding of Investigative Reports to Prosecutor. For a ComplaintSummons
(CDR-1), all available investigative reports shall be forwarded by law
enforcement to the prosecutor within 48 hours. For a Complaint-Warrant (CDR-2), all
available investigative reports shall be forwarded by law enforcement to the prosecutor
immediately upon issuance of the complaint.
Note: Source--R.R. 3:2-1(a) (b); amended July 26, 1984 to be effective September 10, 1984;
main caption amended, caption added, former text amended and redesignated paragraph 3:2-1(a),
paragraph (b) adopted July 13, 1994 to be effective January 1, 1995; paragraph (a) amended January 5, 1998 to be effective February 1, 1998; caption amended, paragraph (b) amended, and new paragraph (c) adopted August 30, 2016 to be effective January 1, 2017; caption amended, paragraph (a) amended and redesignated as subparagraph (a)(1) with caption added, new subparagraphs (a)(2), (a)(3), and (a)(4) adopted August 2, 2019 to be effective January 1, 2020.
Forwarding of Indictable Complaints to Prosecutor and Criminal Division
Manager; Forwarding of Investigative Reports to Prosecutor
(a) Complaint.
(1) 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. All complaints except complaints for traffic offenses, as defined in
R. 7:2-1 where made on Uniform Traffic Tickets and complaints for non-indictable
offenses made on the Special Form of Complaint and Summons, shall be by
certification or on oath before a judge or other person authorized by N.J.S.A. 2B:12-21
to take complaints. The clerk or deputy clerk, municipal court administrator or deputy
court administrator shall accept for filing any 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. 3:3-1 or that the Complaint-Warrant (CDR-2) or ComplaintSummons
(CDR-1) has been issued.
(2) Issuance of a Citizen Complaint Charging Indictable Offenses. A
Complaint-Warrant (CDR-2) or a Complaint-Summons (CDR-1) charging any indictable
offense made by a private citizen may be issued only by a judge.
(3) County Prosecutor Review of Citizen Complaints Charging Indictable
Offenses. Prior to a finding of probable cause and issuance of a Complaint-Warrant
(CDR-2) or a Complaint-Summons (CDR-1) charging any indictable offense made by a
private citizen against any individual, the Complaint-Warrant or Complaint-Summons
shall be reviewed by a county prosecutor for approval or denial. Prior to approval, the
prosecutor has the authority to modify the charge. If the prosecutor approves the citizen
complaint charging an indictable offense, the prosecutor shall indicate this decision on
the complaint and submit it to a judge who will determine if probable cause exists and
whether to issue a Complaint-Warrant or a Complaint-Summons in accordance with R.
3:3-1 in the Judiciary’s computerized system used to generate complaints. If the
prosecutor denies the citizen complaint charging an indictable offense, the prosecutor
shall report the denial and the basis therefor to the Assignment Judge on the record or
in writing and shall notify the citizen complainant and the defendant. The absence of
approval or denial within the timeframe set forth in paragraph (a)(4) of this rule shall be
deemed as not objecting to the citizen complaint. The citizen complaint charging an
indictable offense shall be reviewed by the judge for a probable cause finding and
whether to issue a Complaint-Warrant or Complaint-Summons pursuant to R. 3:3-1.
(4) Period of Time for County Prosecutor Review of Citizen Complaints
Charging Indictable Offenses. The county prosecutor shall review citizen complaints
charging indictable offenses within a period of no more than forty-five calendar days
following receipt of the citizen complaint in the Judiciary’s computerized system used to
generate complaints. The prosecutor may apply to the court to extend the period of
review upon a showing of good cause for additional periods of time no greater than ten
calendar days each.
(b) Forwarding of Indictable Complaints to Prosecutor and Criminal
Division Manager. Where a Complaint-Summons (CDR-1) or Complaint-Warrant
(CDR-2) alleges an indictable offense, the complaint shall be forwarded through the
Judiciary’s computerized system used to generate complaints to the prosecutor and the
criminal division manager’s office immediately upon issuance. When the Judiciary’s
computerized system used to generate complaints is not available, complaints shall be
forwarded pursuant to procedures prescribed by the Administrative Director of the
Courts.
(c) Forwarding of Investigative Reports to Prosecutor. For a ComplaintSummons
(CDR-1), all available investigative reports shall be forwarded by law
enforcement to the prosecutor within 48 hours. For a Complaint-Warrant (CDR-2), all
available investigative reports shall be forwarded by law enforcement to the prosecutor
immediately upon issuance of the complaint.
Note: Source--R.R. 3:2-1(a) (b); amended July 26, 1984 to be effective September 10, 1984;
main caption amended, caption added, former text amended and redesignated paragraph 3:2-1(a),
paragraph (b) adopted July 13, 1994 to be effective January 1, 1995; paragraph (a) amended January 5, 1998 to be effective February 1, 1998; caption amended, paragraph (b) amended, and new paragraph (c) adopted August 30, 2016 to be effective January 1, 2017; caption amended, paragraph (a) amended and redesignated as subparagraph (a)(1) with caption added, new subparagraphs (a)(2), (a)(3), and (a)(4) adopted August 2, 2019 to be effective January 1, 2020.
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