Rule 3:6-8. Finding and Return of Indictment; No Bill

Rule 3:6-8. Finding and Return of Indictment; No Bill

(a) Return; Secrecy. An indictment may be found only upon the concurrence of
12 or more jurors and shall be returned in open court to the Assignment Judge or, in the
Assignment Judge's absence, to any Superior Court judge assigned to the Law Division in
the county. With the approval of the Assignment Judge, an indictment may be returned to
such judge by only the foreperson or the deputy foreperson rather than with all other
members of the grand jury. Such judge may direct that the indictment shall be kept secret
until the defendant is in custody or has been released pending trial and in that event it shall
be sealed by the clerk, and no person shall disclose its finding except as necessary for the
issuance and execution of a warrant or summons.

(b) No Bill. If the defendant has been held to answer a complaint and, after
submission to the grand jury, no indictment has been found, the foreperson shall forthwith
so report in writing to the court, who shall forthwith order the defendant's release unless
the defendant's detention is required by other pending proceedings. Notice of the action
of the grand jury shall also be mailed by the clerk of the court to the defendant's attorney, a
defendant not in custody, and the defendant's sureties if monetary bail has been posted.

Note: Source-R.R. 3:3-8(a) (b); paragraph (a) amended July 16, 1981 to be effective September 14, 1981; paragraph (a) amended July 26, 1984 to be effective September 10, 1984; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended June 15, 2007 to be effective September 1, 2007; paragraphs (a) and (b) amended August 30, 2016 to be effective January 1, 2017.