Rule 3:26-4. Form and Place of Deposit; Location of Real Estate; Record of
Recognizances, Discharge and Forfeiture Thereof
(a) Deposit of Monetary Bail. A person admitted to monetary bail or a
combination of monetary bail and non-monetary conditions of pretrial release shall,
together with that person's sureties, sign and execute a recognizance before the person
authorized to take monetary bail or, if the defendant is in custody, the person in charge
of the place of confinement. The recognizance shall contain the terms set forth in R.
1:13-3(b) and shall be conditioned upon the defendant's appearance at all stages of the
proceedings until final determination of the matter, unless otherwise ordered by the
court. One or more sureties may be required. Cash may be accepted and in proper
cases no security need be required. A corporate surety shall be one approved by the
Commissioner of Insurance and shall execute the recognizance under its corporate
seal, cause the same to be duly acknowledged and shall annex thereto proof of
authority of the officers or agents executing the same and of corporate authority and
qualification. Monetary bail given in the Superior Court shall be deposited with the
Finance Division Manager in the county in which the offense was committed, provided
that upon order of the court monetary bail shall be transferred from the county of deposit
to the county in which defendant is to be tried. Real estate offered as monetary bail for
indictable and non-indictable offenses shall be approved by and deposited with the clerk
of the county in which the offense occurred and not with the Municipal Court clerk. In
any county, with the approval of the Assignment Judge, a program may be instituted for
the deposit in court of cash in the amount of 10 percent of the amount of monetary bail
fixed.
(b) Limitation on Individual Surety. Unless the court for good cause otherwise
permits, no surety, other than an approved corporate surety, shall enter into a
recognizance or undertaking for monetary bail if there remains undischarged any
previous recognizance or monetary bail undertaken by that surety.
(c) Real Estate in Other Counties. Real estate owned by a surety located in a
county other than the one in which the monetary bail is taken may be accepted, in which
case the clerk of the court in which the monetary bail is taken shall forthwith transmit a
copy of the recognizance certified by that clerk to the clerk of the county in which the
real estate is situated, who shall record it in the same manner as if the recognizance
had been taken in that clerk's county.
(d) Record of Recognizance. The clerk of every court, except the municipal
court, before which any recognizance shall be entered into shall record immediately into
the Central Automated Bail System (CABS), the names of the persons entering into the
recognizance, the amount thereof and the date of its acknowledgment. The Central
Automated Bail System shall be kept in the clerk's office of the county in which such
court shall be held, and be open for public inspection. In municipal court proceedings
the record of the recognizance shall be entered in the docket book maintained by the
clerk.
(e) Record of Discharge; Forfeiture. When any recognizance shall be discharged
by court order upon proof of compliance with the conditions thereof or by reason of the
judgment in any matter, the clerk of the court shall enter the word "discharged" and the
date of discharge at the end of the record of such recognizance. When any
recognizance is forfeited, the Finance Division Manager shall enter the word "forfeited",
and the date of forfeiture at the end of the record of such recognizance, and shall give
notice of such forfeiture to the county counsel. When real estate of the surety located in
a county other than the one in which the bail was taken is affected, the clerk of the court
in which such recognizance is given shall forthwith send notice of the discharge or
forfeiture and the date thereof to the clerk of the county where such real estate is
situated, who shall make the appropriate entry at the end of the record of such
recognizance.
(f) Cash Deposit. When a person other than the defendant deposits cash in lieu
of bond, the person making the deposit shall file an affidavit or certification concerning
the lawful ownership thereof, and on discharge such cash may be returned to the owner
named in the affidavit or certification.
(g) Ten Percent Cash Bail. Except in first or second degree cases and certain
crimes or offenses involving domestic violence as set forth in N.J.S.A. 2A:162-12 and
unless the order setting monetary bail specifies to the contrary for good cause shown,
whenever monetary bail is set pursuant to Rule 3:26-1, monetary bail may be satisfied
by the deposit in court of cash in the amount of ten-percent of the amount of monetary
bail fixed and defendant's execution of a recognizance for the remaining ninety percent.
No surety shall be required unless the court fixing monetary bail specifically so orders.
When cash equal to ten-percent of the monetary bail fixed is deposited pursuant to this
Rule, if the cash is owned by someone other than the defendant, the owner shall charge
no fee for the deposit other than lawful interest and shall submit an affidavit or
certification with the deposit so stating and also listing the names of any other persons
for whom the owner has deposited monetary bail. The person making the deposit
authorized by this subsection shall file an affidavit or certification concerning the lawful
ownership thereof, and on discharge such cash may be returned to the owner named in
the affidavit or certification.
Note: Source -- R.R. 3:9-5(a)(b)(c)(d)(e)(f)(g). Paragraph (a) amended June 29, 1973 to be
effective September 10, 1973; paragraph (a) amended July 16, 1979 to be effective September 10, 1979; paragraph (g) adopted November 5, 1986 to be effective January 1, 1987; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraphs (f) and (g) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a), (b) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (g) amended February 27, 1995 to be effective immediately; paragraphs (a), (d), (e), (f) and (g) amended June 15, 2007 to be effective September 1, 2007; paragraph (g)
amended July 9, 2013 to be effective September 1, 2013; paragraph (a) caption and text amended,
paragraphs (b), (c) and (g) amended August 30, 2016 to be effective January 1, 2017.
Recognizances, Discharge and Forfeiture Thereof
(a) Deposit of Monetary Bail. A person admitted to monetary bail or a
combination of monetary bail and non-monetary conditions of pretrial release shall,
together with that person's sureties, sign and execute a recognizance before the person
authorized to take monetary bail or, if the defendant is in custody, the person in charge
of the place of confinement. The recognizance shall contain the terms set forth in R.
1:13-3(b) and shall be conditioned upon the defendant's appearance at all stages of the
proceedings until final determination of the matter, unless otherwise ordered by the
court. One or more sureties may be required. Cash may be accepted and in proper
cases no security need be required. A corporate surety shall be one approved by the
Commissioner of Insurance and shall execute the recognizance under its corporate
seal, cause the same to be duly acknowledged and shall annex thereto proof of
authority of the officers or agents executing the same and of corporate authority and
qualification. Monetary bail given in the Superior Court shall be deposited with the
Finance Division Manager in the county in which the offense was committed, provided
that upon order of the court monetary bail shall be transferred from the county of deposit
to the county in which defendant is to be tried. Real estate offered as monetary bail for
indictable and non-indictable offenses shall be approved by and deposited with the clerk
of the county in which the offense occurred and not with the Municipal Court clerk. In
any county, with the approval of the Assignment Judge, a program may be instituted for
the deposit in court of cash in the amount of 10 percent of the amount of monetary bail
fixed.
(b) Limitation on Individual Surety. Unless the court for good cause otherwise
permits, no surety, other than an approved corporate surety, shall enter into a
recognizance or undertaking for monetary bail if there remains undischarged any
previous recognizance or monetary bail undertaken by that surety.
(c) Real Estate in Other Counties. Real estate owned by a surety located in a
county other than the one in which the monetary bail is taken may be accepted, in which
case the clerk of the court in which the monetary bail is taken shall forthwith transmit a
copy of the recognizance certified by that clerk to the clerk of the county in which the
real estate is situated, who shall record it in the same manner as if the recognizance
had been taken in that clerk's county.
(d) Record of Recognizance. The clerk of every court, except the municipal
court, before which any recognizance shall be entered into shall record immediately into
the Central Automated Bail System (CABS), the names of the persons entering into the
recognizance, the amount thereof and the date of its acknowledgment. The Central
Automated Bail System shall be kept in the clerk's office of the county in which such
court shall be held, and be open for public inspection. In municipal court proceedings
the record of the recognizance shall be entered in the docket book maintained by the
clerk.
(e) Record of Discharge; Forfeiture. When any recognizance shall be discharged
by court order upon proof of compliance with the conditions thereof or by reason of the
judgment in any matter, the clerk of the court shall enter the word "discharged" and the
date of discharge at the end of the record of such recognizance. When any
recognizance is forfeited, the Finance Division Manager shall enter the word "forfeited",
and the date of forfeiture at the end of the record of such recognizance, and shall give
notice of such forfeiture to the county counsel. When real estate of the surety located in
a county other than the one in which the bail was taken is affected, the clerk of the court
in which such recognizance is given shall forthwith send notice of the discharge or
forfeiture and the date thereof to the clerk of the county where such real estate is
situated, who shall make the appropriate entry at the end of the record of such
recognizance.
(f) Cash Deposit. When a person other than the defendant deposits cash in lieu
of bond, the person making the deposit shall file an affidavit or certification concerning
the lawful ownership thereof, and on discharge such cash may be returned to the owner
named in the affidavit or certification.
(g) Ten Percent Cash Bail. Except in first or second degree cases and certain
crimes or offenses involving domestic violence as set forth in N.J.S.A. 2A:162-12 and
unless the order setting monetary bail specifies to the contrary for good cause shown,
whenever monetary bail is set pursuant to Rule 3:26-1, monetary bail may be satisfied
by the deposit in court of cash in the amount of ten-percent of the amount of monetary
bail fixed and defendant's execution of a recognizance for the remaining ninety percent.
No surety shall be required unless the court fixing monetary bail specifically so orders.
When cash equal to ten-percent of the monetary bail fixed is deposited pursuant to this
Rule, if the cash is owned by someone other than the defendant, the owner shall charge
no fee for the deposit other than lawful interest and shall submit an affidavit or
certification with the deposit so stating and also listing the names of any other persons
for whom the owner has deposited monetary bail. The person making the deposit
authorized by this subsection shall file an affidavit or certification concerning the lawful
ownership thereof, and on discharge such cash may be returned to the owner named in
the affidavit or certification.
Note: Source -- R.R. 3:9-5(a)(b)(c)(d)(e)(f)(g). Paragraph (a) amended June 29, 1973 to be
effective September 10, 1973; paragraph (a) amended July 16, 1979 to be effective September 10, 1979; paragraph (g) adopted November 5, 1986 to be effective January 1, 1987; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraphs (f) and (g) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a), (b) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (g) amended February 27, 1995 to be effective immediately; paragraphs (a), (d), (e), (f) and (g) amended June 15, 2007 to be effective September 1, 2007; paragraph (g)
amended July 9, 2013 to be effective September 1, 2013; paragraph (a) caption and text amended,
paragraphs (b), (c) and (g) amended August 30, 2016 to be effective January 1, 2017.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.