Rule 3:3-3. Execution or Service; Return

Rule 3:3-3. Execution or Service; Return


(a) By Whom. The warrant shall be executed and the summons served by any
officer authorized by law.

(b) Territorial Limits. The warrant may be executed and the summons served
at any place within this State. An officer arresting a defendant in a county other than
the one in which the warrant was issued shall take the defendant, without unnecessary
delay, before the nearest available committing judge authorized to set conditions of
pretrial release in accordance with R. 3:26-2. Nothing in this rule shall affect the
provisions of N.J.S. 2A:156-1 to 2A:156-4 (Uniform Act on Intrastate Fresh Pursuit).

(c) Execution of Warrant. The warrant shall be executed by the arrest of the
defendant. The warrant need not be in the possession of the officer at the time of the
arrest, but upon request, the officer shall show the warrant to the defendant as soon as
possible. If the warrant is not in the possession of the officer at the time of the arrest,
the officer shall inform the defendant of the offense charged and of the fact that a
warrant has been issued.

(d) Service of Summons. The summons shall be served in accordance with R.
4:4-4.

(e) Return. The officer executing a warrant shall make prompt return thereof to
the court which issued the warrant. The officer serving a summons shall make return
thereof to the court before whom the summons is returnable on or before the return day.

Note: Source -- R.R. 3:2-2(c); paragraphs (b) and (c) amended July 13, 1994 to be effective
September 1, 1994; paragraph (b) amended August 30, 2016 to be effective January 1, 2017.