Wednesday, February 26, 2020

Rule 3:6-2. Objections to Grand Jury and Grand Jurors

Rule 3:6-2. Objections to Grand Jury and Grand Jurors

The prosecuting attorney or a defendant, after being held to answer a complaint
charging an indictable offense or after indictment, may, in writing, challenge the array of
the grand jury which has returned or is expected to return the indictment on the ground
that it was not selected, drawn or summoned according to law, and may challenge an
individual juror on the ground that the juror is not legally qualified. All such challenges shall
be made within 30 days of the service of the complaint or no later than at the Initial Case
Disposition Conference that is scheduled pursuant to R. 3:9-1(e). For good cause shown,
the court may allow the motion to be brought at any time. Such challenges shall be tried by
a judge designated by the Assignment Judge. If a defendant has already been indicted,
such challenges may be the basis of a motion to dismiss the indictment.

Note: Source-R.R. 3:3-2(a) (b); amended July 13, 1994 to be effective January 1, 1995; amended April 12, 2016 to be effective May 20, 2016; amended August 1, 2016 to be effective September 1, 2016.

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