Wednesday, February 26, 2020

Rule 3:7-9. Form of Post-Indictment or Post-Accusation Warrant and Summons

Rule 3:7-9. Form of Post-Indictment or Post-Accusation Warrant and Summons

The post-indictment or post-accusation warrant shall contain the name of the
defendant or, if the defendant's name is unknown, any name or description by which the
defendant can be identified with reasonable certainty, shall describe the offense
charged in the indictment or accusation and shall command that the defendant be
arrested and remanded to the county jail pending a determination of conditions of
pretrial release or a determination regarding pretrial detention if a motion has been filed
by the prosecutor.

The post-indictment or post-accusation summons shall be in the same form as
the warrant described above except that it shall be directed to the defendant and require
the defendant to appear to plead before the court at a stated time and place. The
summons shall also state that if the defendant fails to so appear, a bench warrant for
defendant's arrest shall issue.

Note: Source -- R.R. 3:4-10(a) (b); amended July 13, 1994 to be effective January 1, 1995; amended
August 30, 2016 to be effective January 1, 2017; caption and text amended July 28, 2017 to be effective September 1, 2017.

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