Rule 5:25-3. Child Support Hearing Officers

Rule 5:25-3. Child Support Hearing Officers

(a) Appointment. There shall be established within the Family Part of the Chancery
Division an Office of the Child Support Hearing Officer. The Office of the Child Support
Hearing Officer shall consist of a Chief Child Support Hearing Officer, and as many other
Child Support Hearing Officers as may be determined appropriate by the Supreme Court.
The Chief Child Support Hearing Officer and other Child Support Hearing Officers shall be
appointed by the Chief Justice and shall be under the direct supervision of the Family Part
Presiding Judge of the county in which the Child Support Hearing Officer is assigned. The
administrative supervision of the Child Support Hearing Officers shall be vested in the
Administrative Director of the Courts.

(b) Jurisdiction. The Child Support Hearing Officer shall hear and make
recommendations that the court enter orders based thereon in all Title IV-D, Federal Social
Security Act, cases concerning:

(1) Establishment of Paternity or the Parent/Child relationship only when the
matter is uncontested. When the issue of paternity is contested, the Child Support Hearing
Officer shall refer the paternity issue to the court.

(2) Establishment of the obligation and amount of child support.

(3) Establishment of any other financial obligation regarding the care and
maintenance of children as well as an obligation to provide medical coverage.

(4) Modification of the obligation of child support.

(5) Enforcement of the obligation of child support or any other support order.

(6) The establishment, modification and enforcement of support pursuant to
N.J.S.A. 2A:4-30.124 to 2A:4-30.201, the Uniform Interstate Family Support Act.

(7) If any establishment case involves a complex issue requiring judicial
resolution, the Child Support Hearing Officer shall recommend a temporary order
establishing the obligation of child support pending referral of the matter to the court.

(8) Advanced written and oral notice shall be given to the parties that their
case will be heard by a Child Support Hearing Officer, and they may object to the
recommendation of the Child Support Hearing Officer, which will result in an immediate
hearing before a Superior Court Judge pursuant to Rule 5:25-3(d)(2).

(c) Duties, Powers, and Responsibilities. The Child Support Hearing Officer shall
be responsible to the Presiding Judge in the establishment, modification, and enforcement
of all Title IV-D child-support actions. Such Child Support Hearing Officers shall serve at
the pleasure of the Chief Justice and his/her powers and duties shall be prescribed in the
order appointing him/her or in the Rules of Procedure of the Family Part. Such Child
Support Hearing Officers shall:

(1) regulate all proceedings before him/her;

(2) take testimony and establish a record;

(3) do all acts and take all measures necessary or proper for the efficient
performance of his/her duties;

(4) recommend that the court order the production before him/her of books,
papers, vouchers, documents, and writings;

(5) rule upon the admissibility of evidence;

(6) recommend the issuance of summonses or subpoenas for the
appearance of parties or witnesses, administer oaths, examine parties and witnesses
under oath;

(7) accept voluntary acknowledgment of support liability and stipulations or
agreements setting the amount of child support to be paid and/or admitting paternity;

(8) evaluate evidence and make recommendations as to the establishment
and enforcement of child-support orders;

(9) recommend entry of default judgments in appropriate cases;

(10) in appropriate cases and with the immediate review by the court, make
written findings, and based thereon may:

(A) recommend that the court adjudicate that a person has failed to comply
with an order in violation of litigant's rights, and recommend incarceration for failure to
comply with an order of the court that provided for the payment of support or the
performance of any other act;

(B) request that a witness or party be brought directly before the court for a
judicial hearing;

(11) recommend that the court issue a warrant upon the failure of a party or a
witness to appear after having been properly served, and recommend a release amount to
satisfy full arrears;

(12) recommend that the court order a party to participate in blood or genetic
tests for the purpose of establishing paternity.

(d) Review by Presiding Judge or Designee; Appeal; Time; Record.

(1) The Presiding Judge of the Family Part or a Judge designated by the
Presiding Judge shall immediately review all recommendations of a Child Support Hearing
Officer. Appropriate recommendations shall be signed and ratified by the Judge.

(2) A party not accepting a recommendation entered by the Child Support
Hearing Officer shall be entitled to an immediate appeal of the recommendation to the
Presiding Judge of the Family Part or a Judge designated by the Presiding Judge who
shall conduct a hearing forthwith. The appeal may be made by either party, and shall be
heard de novo not on the record below. Failure of a party to request a de novo appeal on
the day of the hearing shall require the filing of a motion before further relief can be
considered.

(3) Orders of the Family Part entered as a result of a Child Support Hearing
Officer's recommendation shall be recognized as a final order of the Superior Court.
Copies of the orders shall be provided to the parties or their attorneys. Orders may be
appealed to the Appellate Division of the Superior Court within the time and according to
the procedures prescribed by the Rules for appeals to the Appellate Division. The time for
appeal shall run from the date of the signing of the order by a Judge of the Superior Court.

(e) Service. All rules concerning service of notice and due process rights applicable
to the Family Part shall be applicable to the Child Support Hearing Officer hearings.

(f) Standards and Guidelines. The Child Support Hearing Officer shall use any
support-setting guidelines that may be approved by the Supreme Court.

(g) Qualifications and Compensation. The qualifications and compensation for
the Chief Child Support Hearing Officer and other Child Support Hearing Officers shall be
established by the Administrative Director of the Courts, subject to the approval of the
Supreme Court.

Note: Source-new. Adopted September 24, 1985 to be effective October 1, 1985; paragraph (c)(12) adopted June 28, 1996 to be effective September 1, 1996; paragraph (b)(6) amended May 25, 1999 to be effective July 1, 1999; paragraphs (c)(10) and (c)(11) amended June 15, 2007 to be effective September 1, 2007; paragraph (d)(2) amended July 16, 2009 to be effective September 1, 2009; subparagraph (b)(6) amended July 28, 2017 to be effective September 1, 2017.
Rule 5:25-4. Domestic Violence Hearing Officers Domestic Violence Hearing Officers may be appointed by the Judiciary to handle and make recommendations in matters under the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.) in accordance with the provisions of that Act, Rule 5:7A ("Domestic Violence: Restraining Orders"), and such other policies and procedures as are
applicable.

Rule 5:13-5. Reviews of Children in Placement; Court Orders; Submission of Placement Plan

Rule 5:13-5. Reviews of Children in Placement; Court Orders; Submission of
Placement Plan

(a) Enhanced Initial Reviews. In all cases involving a child placed by the Division
of Child Protection and Permanency ("Division"), the child placement review board shall
act on the court's behalf by conducting an enhanced review initiated 60 days after
placement, which includes the collection of information to be entered on a form prescribed
by the Administrative Director of the Courts. Upon completion of the enhanced 60-day
review, the board shall make its recommendations to the court on a form prescribed by the
Administrative Director of the Courts.

(b) Court Orders; Placement Plans. All orders entered by the court prior to the
enhanced 60-day review by the child placement review board placing a child in the custody
of the Division pursuant to N.J.S. 9:6-8.54, N.J.S. 30:4C-12, N.J.S. 2A:4A-43 or N.J.S.
2A:4A-46 shall be provided by the court to the board. The Division shall submit a
placement plan to the court within 30 days of the date of placement. In any case in which
the placement is the result of a court order, the notice of the enhanced 60-day child
placement review shall be made available to all counsel or parties appearing pro se who
have related matters pending before the Family Part of Superior Court. In addition, counsel
or parties appearing pro se shall receive timely notice of all subsequent proceedings and
orders under the Child Placement Review Act relating to that litigation.

Note: Source-R. (1969) 5:7B(e). Adopted December 20, 1983, to be effective December 31, 1983; amended November 5, 1986 to be effective January 1, 1987; caption amended, text amended and designated as paragraph (b), paragraph (b) caption adopted, and new paragraph (a) caption and text adopted July 9, 2013 to be effective September 1, 2013; paragraph (a) caption and text amended and paragraph (b) amended July 28, 2017 to be effective September 1, 2017.

Rule 5:10-5. Post-Complaint Submissions

Rule 5:10-5. Post-Complaint Submissions

(a) At least ten business days before a preliminary hearing the following shall be
filed with the court:

(1) For private stepparent adoptions and direct private placement
adoptions, fingerprint and Division of Child Protection and Permanency name checks.

(2) Proposed form of order for execution upon completion of preliminary
hearing.

(3) Proof of service on the biological or legal parent or parents or any of
the following if not previously submitted:

(A) Termination of parental rights judgment;

(B) Parent's death certificate;

(C) Affidavit of diligent inquiry to locate the parent or parents;

(D) Surrender of parental rights to agency;

(E) Judicial surrender order;

(F) Denial of paternity form;

(G) Evidence that the biological father does not appear on the child's birth
certificate, and he has not taken action pursuant to N.J.S.A. 9:3-45(b)(6);
(H) The notice of intent to place the child for adoption pursuant to N.J.S.A.
9:3-45(b)(3) with no objection having been filed;

(I) Affidavit executed by the placing parent that the parent cannot identify
or refuses to identify the other biological or legal parent.

(4) For private stepparent adoptions and direct private placement
adoptions, the Notice of Rights in an Adoption Proceeding (Private/Non-Agency
Placement) form as promulgated by the Administrative Director of the Courts, which is
to be served on a parent whose parental rights are subject to a termination proceeding.
If the Private/Non-Agency Placement form is served on, but not filed by, the parent,
proof of service on the parent must be filed.

(5) For private agency adoptions, the Notice of Rights in an Adoption
Proceeding (Agency Placement) form as promulgated by the Administrative Director of
the Courts. If the Agency Placement form is served on, but not filed by, the parent, proof
of service on the parent must be filed.

(b) At least ten business days before a final hearing, the following shall be filed
with the court, unless previously submitted:

(1) A proposed judgment of adoption for each child being adopted.

(2) Final agency report or reports.

(3) Consent from agency for private agency placements.

(4) Proof of service or affidavit of inquiry on a biological or legal parent or
parents in cases where the Division of Child Protection and Permanency did not place
the child, if parental rights have not been previously terminated, or irrevocably
surrendered in the case of an agency placement.

(5) An approved Interstate Compact for the Placement of Children request
if applicable.

(6) Report of adoption form from Bureau of Vital Statistics. For children
born outside of New Jersey, the plaintiff or plaintiff's attorney is responsible for obtaining
the amended birth certificate.

(7) Check payable to "Treasurer, State of New Jersey" if the child was
born in New Jersey or if the action seeks a foreign readoption or an adoption of a child
born in a foreign country.
(8) For adoptions in which a foreign country conveyed guardianship or
custody for the purpose of adoption in the United States:

(A) Post-placement reports from the approved adoption agency if required
by the court,

(B) The final court report of the approved New Jersey adoption agency
supervising the placement, and

(C) The final consent of adoption from the approved New Jersey adoption
agency supervising the placement.

(c) If a final hearing is waived in a non-agency private adoption pursuant to
N.J.S.A. 9:3-48(c)(4), the documents required in paragraph (b) must be provided to the
court at least ten business days before the preliminary hearing.
(d) For adoptions in which a foreign country conveyed guardianship or custody
for the purpose of adoption in the United States:

(1) If an approved New Jersey adoption agency is supervising the
placement, then the court rules relating to agency adoption shall apply.

(2) If the child is placed directly with the plaintiffs for purposes of a private
adoption in the United States, then the court rules relating to a direct private placement
adoption shall apply.

Note: New Rule 5:10-5 adopted (and former Rule 5:10-5 redesignated as Rule 5:10-8) July 21, 2011 to be effective September 1, 2011; subparagraphs (a)(1) and (b)(4) amended July 9, 2013 to be effective September 1, 2013; subparagraphs (a)(2) and (a)(3)(H) amended, and new subparagraphs (a)(4) and (a)(5) adopted May 30, 2017 to be effective immediately; subparagraph (a)(4) amended July 29, 2019 to
be effective September 1, 2019. 

Rule 5:10-4. Surrogate Action

Rule 5:10-4. Surrogate Action

(a) Review of Complaint Prior to Docketing. Prior to docketing, the Surrogate
shall review the complaint to ensure that proper venue is laid in accordance with R.
5:10-1, and that it contains the following:

(1) all information required by R. 5:10-3,

(2) a current address and any prior addresses within the last five years for
each plaintiff,

(3) the names, dates of birth and all residences within the past five years
of all other adults in the adoptive home,

(4) the marital, domestic union, or civil union status of each plaintiff and
the name of the spouse or partner, if such person is not also a plaintiff, and

(5) a home study report that is consistent with the information set forth in
the complaint.

(b) Jurisdiction.

(1) Upon the filing of a complaint for the adoption of a child, if it appears
therefrom that there is jurisdiction and that each plaintiff is qualified, as required by
statute, and that the complaint is substantially complete in all respects, the complaint
shall be docketed. At the time of docketing, the Surrogate's staff shall conduct a
party look-up in the Judiciary case management system to determine if any of the
parties exist in the court's system. If a party exists in the system, the party's
demographic information shall be copied into the adoption case using the process in the
Judiciary's case management system.

(2) The court shall fix a day for preliminary or final hearing as provided by
statute. The Surrogate shall provide the entire adoption file to the court for review no
later than five business days before the first adoption proceeding.

(3) Upon the court fixing a day for preliminary or final hearing in private
placement adoptions, the Surrogate shall append to the court's order a form
promulgated by the Administrative Director of the Courts informing the child's parents
whose parental rights are subject to a termination proceeding of the procedure to object
to the adoption, the right to legal counsel, and how to apply for a court-appointed
attorney. The signed order and form shall be returned to the plaintiff for service of the
form and notice of the hearing on the child's parents whose parental rights are subject
to a termination proceeding pursuant to N.J.S.A. 9:3-45. Service of the form on the
child’s parent whose rights are not being terminated shall not be required.

(4) If there is a lack of jurisdiction or lack of qualification on the part of a
plaintiff the court shall dismiss the complaint forthwith. If a complaint is not substantially
complete in all respects, the court shall order the plaintiff to file an amended complaint
or shall dismiss the complaint without prejudice, as the situation requires.

Note: Source - R. (1969) 4:94-3. Adopted December 20, 1983, to be effective December 31, 1983;
caption amended, former text redesignated as paragraph (b), paragraph (b) caption adopted, paragraph (b) amended, and new paragraph (a) adopted July 21, 2011 to be effective September 1, 2011; former subparagraph (b)(3) redesignated as subparagraph (b)(4) and new subparagraph (b)(3) adopted May 30, 2017 to be effective immediately; subparagraph (b)(3) amended July 29, 2019 to be effective September 1, 2019. 

Rule 5:8-5. Custody and Parenting Time/Visitation Plans, Recital in Judgment or Order

Rule 5:8-5. Custody and Parenting Time/Visitation Plans, Recital in Judgment or
Order

(a) In any family action in which the parties cannot agree to a custody or parenting
time/visitation arrangement, the parties must each file a Custody and Parenting
Time/Visitation Plan, which the court shall consider in awarding custody and fixing a
parenting time or visitation schedule. The Custody and Parenting Time/Visitation Plan
shall be filed no later than seventy-five (75) days after the last responsive pleading is filed.
If, however, mediation as permitted by R. 1:40-5(a) is conducted, the Custody and
Parenting Time/Visitation Plan shall be filed no later than 14 days following an
unsuccessful mediation.

Contents of Plan. The Custody and Parenting Time/Visitation Plan shall include but
shall not be limited to the following factors:

(1) Address of the parties.

(2) Employment of the parties.

(3) Type of custody requested with the reasons for selecting the type of
custody.

(a) Joint legal custody with one parent having primary residential care.

(b) Joint physical custody.

(c) Sole custody to one parent, parenting time/visitation to the other.

(d) Other custodial arrangement.

(4) Specific schedule as to parenting time/visitation including, but not limited
to, weeknights, weekends, vacations, legal holidays, religious holidays, school vacations,
birthdays and special occasions (family outings, extracurricular activities and religious
services).

(5) Access to medical school records.

(6) Impact if there is to be a contemplated change of residence by a parent.

(7) Participation in making decisions regarding the child(ren).

(8) Any other pertinent information.

(b) The court shall set out in its order or judgment fully and specifically all terms and
conditions relating to the award of custody and proper support for the children.

(c) Failure to comply with the provisions of the Custody and Parenting
Time/Visitation Plan may result in the dismissal of the non-complying party's pleadings or
the imposition of other sanctions, or both. Dismissed pleadings shall be subject to
reinstatement upon such conditions as the court may order.

Note: Source-R. (1969) 4:79-8(e). Adopted December 20, 1983, to be effective December 31, 1983;
amended July 14, 1992 to be effective September 1, 1992; new paragraph (c) adopted January 21, 1999 to be effective April 5, 1999; caption and paragraphs (a) and (c) amended July 5, 2000 to be effective September 5, 2000; paragraph (a) amended July 28, 2017 to be effective September 1, 2017.

Rule 5:7C. Limitations on Pretrial Incarceration

Rule 5:7C. Limitations on Pretrial Incarceration

(a) Defendants Subject to Limitations on Pretrial Incarceration. This rule
applies to a defendant for whom a Complaint-Warrant (CDR-2) has been issued and who:

(1) has been charged with any offense under N.J.S.A. 2C:29-9b or N.J.S.A. 2C:29-9d,
along with any underlying offense, and is detained pursuant to R. 3:4A, or (2) is detained in
jail due to an inability to post monetary bail on the initial offense charged on a ComplaintWarrant (CDR-2). This rule only applies to defendants arrested on or after January 1,
2017, regardless of when the offense giving rise to the arrest was allegedly committed.

(b) Limitation on Pretrial Incarceration. A defendant as described in paragraph

(a) above may not be incarcerated for a time period longer than the maximum period of
incarceration for which the defendant could be sentenced for the initial offense charged on
the Complaint-Warrant (CDR-2).

(c) Time Period of Pretrial Incarceration. This time period of incarceration starts
on the day the defendant was initially taken into custody.

(d) Release. If a defendant is detained pursuant to paragraph (a) of this rule and
the maximum period of incarceration is reached pursuant to paragraph (b) of this rule, the
Superior Court shall establish conditions of pretrial release pursuant to R. 3:26 and release
the defendant. For matters in which the defendant was issued a Complaint-Warrant
(CDR-2), was charged with any offense under N.J.S.A. 2C:29-9b or N.J.S.A. 2C:29-9d
along with any underlying offense, and was detained pursuant to R. 3:4A, a Superior Court
judge shall conduct a release hearing and make the release decision. In matters in which
the defendant has been issued a Complaint-Warrant (CDR-2) and detained in jail due to
an inability to post monetary bail on the initial offense charged, a judge with authority to
modify the conditions of release shall make the release decision.

Note: Adopted July 28, 2017 to be effective September 1, 2017.

Rule 5:7B. Sexual Assault Survivor Protection Act: Protective Orders

Rule 5:7B. Sexual Assault Survivor Protection Act: Protective Orders

(a) Temporary Protective Order. In court proceedings instituted under the Sexual
Assault Survivor Protection Act of 2015, the judge shall issue a temporary protective
order when the victim has been subject to nonconsensual sexual contact, sexual
penetration, or lewdness, or an attempt at such conduct. The order may be issued ex
parte when necessary to protect the safety and wellbeing of the victim on whose behalf
the relief is sought.

(b) Venue in Sexual Assault Survivor Protection Act Proceedings. Venue in these
actions shall be laid in the county where either of the parties resides, where the offense
took place, or where the victim is sheltered. The final hearing is to be held in the county
where the ex parte restraints were ordered, unless good cause is shown for the hearing
to be held elsewhere.

(c) Application for Temporary Protective Order. Except as provided in paragraph

(b) of this rule, an applicant for a temporary protective order shall appear before a judge
or a domestic violence hearing officer to personally testify on the record or by sworn
complaint submitted pursuant to N.J.S.A. 2C:14-14 and N.J.S.A. 2C:14-15. If it appears
that the order is necessary to protect the safety and wellbeing of the victim, the judge
shall, upon consideration of the applicant's affidavit, complaint or testimony, order
emergency relief, including ex parte relief, in the nature of a temporary protective order
as authorized by N.J.S.A. 2C:14-13 et seq. Any person alleging to be a victim of
nonconsensual sexual contact, sexual penetration, or lewdness, or any attempt at such
conduct, and who is not eligible for a restraining order as a “victim of domestic violence”
as defined by N.J.S.A. 2C:25-19d may apply for a temporary protective order.

(d) Issuance of Temporary Protective Order by Electronic Communication. A
judge may issue a temporary protective order upon sworn oral testimony of an applicant
who is not physically present. Such sworn oral testimony may be communicated to the
judge by telephone, radio or other means of electronic communication. The judge
assisting the applicant shall contemporaneously record such sworn oral testimony by
means of a sound-recording device or stenographic machine if such are available;
otherwise, adequate longhand notes summarizing what is said shall be made by the
judge. Subsequent to taking the oath, the applicant must identify himself or herself,
specify the purpose of the request, and disclose the basis of the application. This sworn
testimony shall be deemed to be an affidavit for the purposes of issuance of a
temporary protective order. A temporary protective order may issue if the judge is
satisfied that exigent circumstances exist sufficient to excuse the failure of the applicant
to appear personally and that sufficient grounds for granting the application have been
shown. Upon issuance of the temporary protective order, the judge shall memorialize
the specific terms of the order. This order shall be deemed a temporary protective order
for the purpose of N.J.S.A. 2C:14-14 and N.J.S.A. 2C:14-15.

(e) Final Protective Order. A hearing for a final protective order shall be held in
the Superior Court within 10 days of the filing of an application. A final order restraining
a defendant shall be issued only on a specific finding of nonconsensual sexual contact,
sexual penetration, or lewdness, or an attempt at such conduct, or on a stipulation by a
defendant to the commission of an act or acts of sexual contact as defined by the
statute.

Note: Adopted July 28, 2017 to be effective September 1, 2017; paragraph (a) amended and
redesignated paragraph (c), paragraph (b) redesignated paragraph (d), paragraph (c) redesignated
paragraph (a), paragraph (d) amended and redesignated paragraph (e), paragraph (e) redesignated
paragraph (b) adopted July 29, 2019 to be effective September 1, 2019.

Rule 5:7A. Domestic Violence: Restraining Orders

Rule 5:7A. Domestic Violence: Restraining Orders

(a) Temporary Restraining Order. In court proceedings instituted under the
Prevention of Domestic Violence Act of 1990, the judge shall issue a temporary
restraining order when the applicant appears to be in danger of domestic violence. The
order may be issued ex parte when necessary to protect the life, health, or well-being of
a victim on whose behalf the relief is sought.

(b) Venue in Domestic Violence Proceedings. Venue in domestic violence
actions shall be laid in the county where either of the parties resides, in the county
where the domestic violence offense took place, or in the county where the victim of
domestic violence is sheltered. The final hearing is to be held in the county where the
ex parte restraints were ordered, unless good cause is shown for the hearing to be held
elsewhere.

(c) Application for Temporary Restraining Order. Except as provided in
paragraph (d) of this rule, an applicant for a temporary restraining order shall appear
before a judge or a domestic violence hearing officer to personally testify on the record
or by sworn complaint submitted pursuant to N.J.S.A. 2C:25-28. If it appears that the
applicant is in danger of domestic violence, the judge shall, upon consideration of the
applicant’s domestic violence affidavit, complaint or testimony, order emergency relief,
including ex parte relief, in the nature of a temporary restraining order as authorized by
N.J.S.A. 2C:25-17 et seq. In order to be eligible for a temporary restraining order, the
applicant must qualify as a “victim of domestic violence” as defined by N.J.S.A 2C:25-
19d.

(d) Issuance of Temporary Restraining Order by Electronic Communication. A
judge may issue a temporary restraining order upon sworn oral testimony of an
applicant who is not physically present. Such sworn oral testimony may be
communicated to the judge by telephone, radio or other means of electronic
communication. The judge or law enforcement officer assisting the applicant shall
contemporaneously record such sworn oral testimony by means of a tape-recording
device or stenographic machine if such are available; otherwise, adequate longhand
notes summarizing what is said shall be made by the judge. Subsequent to taking the
oath, the applicant must identify himself or herself, specify the purpose of the request
and disclose the basis of the application. This sworn testimony shall be deemed to be
an affidavit for the purposes of issuance of a temporary restraining order. A temporary
restraining order may issue if the judge is satisfied that exigent circumstances exist
sufficient to excuse the failure of the applicant to appear personally and that sufficient
grounds for granting the application have been shown. Upon issuance of the temporary
restraining order, the judge shall memorialize the specific terms of the order and shall
direct the law enforcement officer assisting the applicant to enter the judge’s
authorization verbatim on a form, or other appropriate paper, designated the duplicate
original temporary restraining order. This order shall be deemed a temporary
restraining order for the purpose of N.J.S.A. 2C:25-28. The judge shall direct the law
enforcement officer assisting the applicant to print the judge’s name on the temporary
restraining order. The judge shall also contemporaneously record factual
determinations. Contemporaneously the judge shall issue a written confirmatory order
and shall enter thereon the exact time of issuance of the duplicate order. In vicinages
where an approved form of electronic temporary restraining order is utilized and
prepared electronically by the municipal court judge on a notebook computer or other
device, the temporary restraining order may be transmitted electronically without need
for a duplicate written order. In all other respects, the method of issuance and contents
of the order shall be that required by paragraph (a) of this rule.

(e) Final Restraining Order. A hearing for a final restraining order shall be held in
the Superior Court within 10 days of the filing of an application. A final order restraining
a defendant shall be issued only on a specific finding of domestic violence or on a
stipulation by a defendant to the commission of an act or acts of domestic violence as
defined by the statute.

(f) Procedure After Arrest. Whenever a law enforcement officer has effected an
arrest for a criminal complaint brought for a violation otherwise defined as an offense
under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., a complaint
shall be issued pursuant to the procedure described in R. 3:4-1.

Note: Adopted November 1, 1985 to be effective January 2, 1986; paragraph (a) amended, paragraph
(b) caption and text amended and new paragraphs (c) and (d) adopted November 2, 1987 to be effective January 1, 1988; caption amended, former paragraph (c) redesignated paragraph (e), former paragraph (d) redesignated paragraph (f) and new paragraphs (c) and (d) adopted November 18, 1993 to be effective immediately; paragraphs (a), (b), and (e) amended July 12, 2002 to be effective September 3, 2002; paragraph (f) amended July 7, 2005 to be effective immediately; paragraph (b) amended July 21, 2011 to be effective September 1, 2011; paragraph (a) amended July 28, 2017 to be effective September 1, 2017; paragraph (a) amended and redesignated as paragraph (c), paragraph (b) redesignated as paragraph (d), paragraph (c) redesignated as paragraph (a), paragraph (d) amended and redesignated as paragraph (e), paragraph (e) caption and text amended and redesignated as paragraph (f), paragraph (f) redesignated as paragraph (b) July 29, 2019 to be effective September 1, 2019.

Rule 5:7-4A. Income Withholding for Child Support; Notices

Rule 5:7-4A. Income Withholding for Child Support; Notices

(a) Immediate Income Withholding. All orders that include child support shall be
paid through immediate income withholding from the obligor's current and future income,
unless the parties agree in writing to an alternative arrangement, or either party shows and
the court finds good cause for an alternative arrangement. If included in the same order as
child support, the court may, in its discretion, garnish a separate amount for alimony,
maintenance or spousal support, in accordance with N.J.S.A. 2A:17-50 et seq., and
include such amount in the immediate income withholding order.

(1) Application. Immediate income withholding applies to all orders that
include child support established or modified on or after October 1, 1990.

(2) Procedure. If an order or judgment contains a child support provision, the
child support shall be paid through immediate income withholding and the withholding may
include amounts for alimony, maintenance or spousal support, unless the parties agree, in
writing, to an alternative arrangement or either party shows and the court finds good cause
for an alternative arrangement. The court shall forward the order to the Probation Division
which shall prepare and send a Notice to Payor of Income Withholding to the obligor's
employer or other source of income.

(3) Advance Notice. Every complaint, notice or pleading for the entry or
modification of a child support order shall include the following written notice: In
accordance with N.J.S.A. 2A:17-56.7a et seq., the child support provisions of a court order
are subject to income withholding on the effective date of the order unless the parties
agree, in writing, to an alternative arrangement or either party shows and the court finds
good cause to establish an alternative arrangement. The income withholding is effective
upon all types of income including wages from current and future employment.

(b) Initiated Income Withholding. When any child support order, which is not
subject to immediate income withholding in accordance with paragraph (a), has an
accumulated arrearage equal to or exceeding the amount of support payable for 14 days,
the Probation Division supervising the support order shall initiate an income withholding
against the obligor's current and future income that is subject to income withholding.

(1) Application. Initiated income withholding applies to all orders which
include child support (a) entered prior to October 1, 1990, (b) entered or modified after
October 1, 1990 that do not include a provision for immediate income withholding or (c) in
which the parties have agreed, in writing, to an alternative arrangement and an arrearage
equal to or in excess of the amount of support payable for 14 days exists. Initiated income
withholding does not apply to alimony, maintenance or spousal support provisions.

(2) Procedure. When any child support order is in default in an amount equal
to or in excess of the amount of support payable for 14 days, the Probation Division of the
County responsible for monitoring and enforcing compliance with the order or judgment
shall initiate an income withholding against any of the obligor's income, which is subject to
income withholding. The Probation Division shall send, by regular mail, a Notice to Obligor
of Income Withholding to the obligor's last known address. This notice shall be postmarked
no later than 10 days after the date on which the case was identified as having the
requisite 14-day arrearage and shall be mailed at the same time as the notice to the payor.
The notice shall inform the obligor of the amounts withheld for current support and for the
liquidation of arrearages and state that the withholding has commenced. An obligor may
contest the withholding only on the basis of mistake of fact. If an obligor objects to the
withholding, the Probation Division shall schedule a hearing or administrative review within
20 days after receiving notice of the contest of the withholding. Payment of arrearages
after the due date shall not constitute good cause to terminate the withholding. No later
than five days after the hearing or administrative review, the Probation Division shall notify
the obligor, in writing, whether the withholding shall continue.

(3) Advance Notice. All orders that include child support and that are not
subject to immediate income withholding as described in paragraph (a) shall include a
notice to the obligor stating that: The child support provisions of a support order are
subject to income withholding when a child support arrearage has accrued in an amount
equal to or in excess of the amount of support payable for 14 days. The withholding is
effective against the obligor's current and future income from all sources authorized by
law.

(c) Rules Applicable to All Withholdings. The income withholding shall be
binding on the obligor's employer (or other source of income) and successive payors of the
obligor's income, immediately after service of the Notice to Payor of Income Withholding
upon the payor of such income. An employer (or other source of income) is not required to
alter normal pay cycles to comply with the withholding, but shall withhold and forward the
required amount beginning with the first pay period that ends immediately after the notice
is postmarked and each time the obligor is paid thereafter. The Notice to Payor of Income
Withholding shall state the payor of the obligor's income, except for the Division of
Unemployment and Temporary Disability, may deduct a fee of $ 1.00 for each payment.
Such fee shall be deducted from the obligor's income in addition to the amount withheld for
child support. The total amount of the withholding shall not exceed the maximum amount
permitted under section 303(b) of the federal Consumer Credit Protection Act (15 U.S.C.A.
§ 1673(b)). If the court modifies any support order based upon changed circumstances,
the Probation Division shall notify the payor to change the income withholding accordingly.
When the Probation Division is unable to locate the obligor's current employer or other
source of income to effectuate an income withholding, it may use any other procedures
authorized by law to obtain this information. An income withholding for child support shall
have priority over all other legal processes under State law without regard to the date of
entry. If the obligor has more than one support order subject to withholding, the employer
or other source of income shall withhold the payments on a pro-rata basis. The income
withholding shall remain in effect until such time as the court enters an order to the
contrary and the Probation Division delivers a Notice of Termination of Income Withholding
to the employer or other source of income. An employer may not use an income
withholding as a basis for discharge, discipline or discrimination in hiring. An aggrieved
obligor may institute court action against the employer or other source of income as set
forth in N.J.S.A. 2A:17-56.12. If the obligor's source of income fails to comply with a Notice
to Payor of Income Withholding, it is liable for amounts that should have been withheld.
The employer or other source of income shall notify the Probation Division promptly upon
termination of the obligor's employment. If an employer or other source of income fails to
comply with the terms of the income withholding or any withholding provision in this
paragraph, the court may, upon application of the Probation Division, issue an Order to
Show Cause for Contempt against the payor and proceed with contempt proceedings
under Rule 1:10-3. The forms and notices required herein shall be prescribed by the
Administrative Director of the Courts.

(d) All Notices Applicable to All Orders and Judgments That Include Child
Support Provisions. The judgment or order shall include notices stating: (1) if support is
not paid through immediate income withholding, the child support provisions of an order or
judgment are subject to income withholding when a child support arrearage has accrued in
an amount equal to or in excess of the amount of support payable for 14 days; the
withholding is effective against the obligor's current and future income from all sources
authorized by law; (2) any payment or installment of an order for child support or those
portions of an order that are allocated for child support shall be fully enforceable and
entitled to full faith and credit and shall be a judgment by operation of law against the
obligor on or after the date it is due; before entry of a warrant of satisfaction of the child
support judgment, any party to whom the child support is owed has the right to request
assessment of post-judgment interest on child support judgments; (3) no payment or
installment of an order for child support or those portions of an order that are allocated for
child support shall be retroactively modified by the court except for the period during which
the party seeking relief has pending an application for modification as provided in N.J.S.A.
2A:17-56.23a; (4) the occupational, recreational, and professional licenses, including a
license to practice law, held or applied for by the obligor may be denied, suspended or
revoked if: (i) a child support arrearage accumulates that is equal to or exceeds the
amount of child support payable for six months, or (ii) the obligor fails to provide health
care coverage for the child as ordered by the court within six months, or (iii) a warrant for
the obligor's arrest has been issued by the court for obligor's failure to pay child support as
ordered, or for obligor's failure to appear at a hearing to establish paternity or child
support, or for obligor's failure to appear at a child support hearing to enforce a child
support order and said warrant remains outstanding; (5) the driver's license held or applied
for by the obligor may be denied, suspended, or revoked if (i) a child support arrearage
accumulates that is equal to or exceeds the amount of child support payable for six
months, or (ii) the obligor fails to provide health care coverage for the child as ordered by
the court within six months; (6) the driver's license held or applied for by the obligor shall
be denied, suspended, or revoked if the court issues a warrant for the obligor's arrest for
failure to pay child support as ordered, or for failure to appear at a hearing to establish
paternity or child support, or for failure to appear at a child support hearing to enforce a
child support order and said warrant remains outstanding; (7) the amount of child support
and/or the addition of a health care coverage provision in Title IV-D cases shall be subject
to review, at least once every three years, on written request by either party to the Division
of Family Development, P.O. Box 716, Trenton, NJ 08625-0716 and adjusted by the court,
as appropriate, or upon application to the court; (8) the parties are required to notify the
appropriate Probation Division of any change of employer, address, or health care
coverage provider within 10 days of the change and that failure to provide such information
shall be considered a violation of the order; (9) in accordance with N.J.S.A. 2A:34-23b, the
custodial parent may require the non-custodial parent's health care coverage provider to
make payments directly to the health care provider by submitting a copy of the relevant
sections of the order to the insurer; (10) Social Security numbers are collected and used in
accordance with section 205 of the Social Security Act (42 U.S.C.A. § 405), that disclosure
of an individual's Social Security number for Title IV-D purposes is mandatory, that Social
Security numbers are used to obtain income, employment, and benefit information on
individuals through computer matching programs with federal and state agencies, and that
such information is used to establish and enforce child support under Title IV-D of the
Social Security Act (42 U.S.C.A. § 651 et seq.); and (11) after a judgment or order is
entered and a probation support account has been established, the obligee and the obligor
shall notify the appropriate Probation Division of any change of employer, health insurance
provider, or address and the obligee and obligor shall notify the Probation Division of a
change of address or a change in the status of the children as may be required in the order
or judgment within ten days of the change, and any judgment or order that includes
alimony, maintenance, or child support shall so provide. Failure to provide information as
to change of employer, health insurance provider, address, or status of the children shall
be considered a violation of the order.

Note: Former R. 5:7-5(b) redesignated as R. 5:7-4A(a), former R. 5:7-5(c) redesignated as R. 5:7-4A(b), former R. 5:7-5(d) redesignated as R. 5:7-4A(c), former R. 5:7-4(f) redesignated as R. 5:7-4A(d) July 27, 2015 to be effective September 1, 2015; subparagraph (a)(3) amended July 28, 2017 to be effective September 1, 2017.

Rule 5:7-1. Venue

Rule 5:7-1. Venue

Except as otherwise provided by law, venue in actions for divorce, dissolution of
civil union or termination of domestic partnership, nullity and separate maintenance shall
be laid in the county in which plaintiff was domiciled when the cause of action arose, or if
plaintiff was not then domiciled in this State, then in the county in which defendant was
domiciled when the cause of action arose; or if neither party was domiciled in this State
when the cause of action arose, then in the county in which the plaintiff is domiciled when
the action is commenced, or if plaintiff is not domiciled in this State, then in the county
where defendant is domiciled when service of process is made. For purposes of this rule,
in actions brought under N.J.S.A. 2A:34-2(c), the cause of action shall be deemed to have
arisen three months after the last act of cruelty complained of in the Complaint. For
purposes of this rule, in actions brought under N.J.S.A. 26:8A-10 for termination of a
domestic partnership in which both parties are non-residents and without a forum available
to dissolve the domestic partnership, venue shall be laid in the county in which the
Certificate of Domestic Partnership is filed. For purposes of this rule, for the dissolution of
a civil union created in New Jersey in which both parties are now non-residents and
without a forum available to dissolve the civil union, venue shall be laid in the county in
which the civil union was solemnized.

Note: Source-R. (1969) 4:76. Adopted December 20, 1983, to be effective December 31, 1983; amended January 10, 1984, to be effective immediately; amended July 14, 1992 to be effective September 1, 1992; amended July 13, 1994 to be effective September 1, 1994; Rule 5:7 caption amended and Rule 5:7-1 text amended July 21, 2011 to be effective September 1, 2011; amended July 28, 2017 to be effective September 1, 2017.

Rule 5:6-9. Termination of Child Support Obligations

Rule 5:6-9. Termination of Child Support Obligations

(a) Duration of Support. In accordance with N.J.S.A. 2A:17-56.67 et seq., unless
otherwise provided in a court order, judgment, or preexisting agreement, the obligation to
pay current child support, including health care coverage, shall terminate by operation of
law when the child being supported:

(1) dies;

(2) marries;

(3) enters the military service; or

(4) reaches 19 years of age, except as otherwise provided within this rule.
In no case shall a child support obligation extend beyond the date the child reaches the
age of 23.

(b) Termination of Obligation in Cases Administered by the Probation
Division.

(1) Notices of Proposed Termination. Where no other emancipation date
or termination has been ordered by the court, the Probation Division shall send the obligor
and obligee notice of proposed termination of child support prior to the child reaching 19
years of age in accordance with N.J.S.A. 2A:17-56.67 et seq. Notices shall contain the
proposed termination date and information for the obligee to submit a written request for
continuation of support beyond the date the child reaches 19 years of age.

(2) Written Request for Continuation. In response to the notice prescribed in
section (1), the obligee may submit to the court a written request for continuation, on a
form and within timeframes promulgated by the Administrative Office of the Courts, with
supporting documentation and a future termination date, seeking the continuation of
support beyond the child’s nineteenth birthday if the child being supported:

(A) is still enrolled in high school or other secondary educational program;

(B) is enrolled full-time in a post-secondary educational program; or

(C) has a physical or mental disability as determined by a federal or state
agency that existed prior to the child reaching the age of 19 and requires continued
support.

(3) Review of Written Request for Continuation. The Probation Division shall
review the obligee’s written request and documentation and shall make recommendation
to the court as to whether the support obligation will continue beyond the child’s nineteenth
birthday. If sufficient proof has been provided, the court shall issue an order to both parties
establishing the future termination date. If sufficient proof has not been provided, the court
shall issue an order to both parties terminating the current support obligation as of the date
of the child’s nineteenth birthday. No additional notice need be provided to the parties.

(4) No Response to Notice of Proposed Termination. If the Probation
Division receives no response to the notices of proposed termination of child support, the
court shall issue an order to both parties establishing the termination of obligation as of the
child’s nineteenth birthday. No additional notice need be provided to the parties.

(5) Motion or Application. If a party disagrees with the termination or
continuation order entered, the party may file a motion in a dissolution matter or an
application in a non-dissolution or domestic violence matter requesting either termination
or continuation of the child support obligation, as applicable.

(6) Arrears Remain Due and Enforceable. Any arrearages accrued prior to
the date of termination shall remain due and enforceable by the Probation Division as
appropriate until either they are paid in full or the court terminates the Probation Division’s
supervision of the support order. Upon termination of an obligation to pay current support,
the amount to be paid to satisfy the arrearage shall be the sum of the obligation amount in
effect immediately prior to the termination plus any arrears repayment amount if there are
no other children remaining on the support order.

(7) Notice of Termination. Where an emancipation date or termination date
has been ordered by the court, the Probation Division shall send the obligor and obligee
notice of termination of child support prior to the child reaching the court ordered
emancipation date or future termination date in accordance with N.J.S.A. 2A:17-56.67 et
seq. Such notice shall contain the date on which child support shall terminate and
information regarding the adjustments that will be made to the obligation, as applicable.

(8) Unallocated Orders. Whenever there is an unallocated child support
order for two or more children and the obligation to pay support for one or more of the
children is terminated pursuant to N.J.S.A. 2A:17-56.67 et seq., the amount to be paid
prior to the termination shall remain in effect for the other children. Either party may file a
motion in a dissolution matter or an application in a non-dissolution or domestic violence
matter to adjust the support amount.

(9) Allocated Orders. Whenever there is an allocated child support order for
two or more children and the obligation to pay support for one or more of the children is
terminated pursuant to N.J.S.A. 2A:17-56.67 et seq., the amount to be paid shall be
adjusted to reflect the reduction of the terminated obligation(s) for the other children. Either
party may file a motion in a dissolution matter or an application in a non-dissolution or
domestic violence matter to adjust the support amount.

(c) Termination or Continuation of Child Support Obligations Not
Administered by the Probation Division. Where an obligor has been ordered to pay
child support directly to the obligee, the child support obligation shall terminate by
operation of law in accordance with N.J.S.A. 2A:17-56.67 et seq., unless otherwise
provided in a court order or judgment. Notwithstanding any other provision of law, a party
may file a motion in a dissolution matter or an application in a non-dissolution or domestic
violence matter requesting termination or continuation of a child support obligation at any
time, for good cause. The Probation Division shall not be required to provide any noticing,
monitoring or enforcement services in any case where the obligor has been ordered to pay
child support directly to the obligee.

(d) Other Reasons for Termination of Child Support Obligations. A party to a
child support order, at any time, may file a motion in a dissolution matter or an application
in a non-dissolution or domestic violence matter requesting termination of a child support
obligation based on good cause. Any arrearages accrued prior to the date of termination
shall remain due and enforceable by the obligee or the Probation Division, as appropriate.

(e) Emancipation. Except as otherwise provided by these rules, and in
accordance with N.J.S.A. 2A:34-23, N.J.S.A. 2A:17-56.67 et seq., and related case law, a
party to a child support order at any time may file a motion in a dissolution matter or an
application in a non-dissolution or domestic violence matter requesting emancipation of a
child. Court-ordered emancipation shall terminate the obligation of an obligor to pay
current child support, as of the effective date set forth in the order of emancipation. Any
arrearages accrued prior to the date of emancipation shall remain due and enforceable by
the obligee or the Probation Division, as appropriate.

(f) Support for Children in Out-of-Home Placement through the Division of
Child Protection and Permanency. A child support obligation payable to the Division of
Child Protection and Permanency (DCP&P) for children in an out-of-home placement shall
not be terminated by operation of law upon the child turning 19 years of age. A child
support obligation payable to DCP&P shall terminate upon notification that the child is no
longer in placement or upon the child turning 23 years of age, whichever occurs first.

(g) Financial Maintenance for a Child Beyond 23 Years of Age. Pursuant to
N.J.S.A. 2A:34-23, N.J.S.A. 2A:17-56.67 et seq., and related case law:

(1) a child beyond 23 years of age may apply to the court for an order
requiring the payment of financial maintenance or reimbursement from a parent;

(2) a parent, or a child over the age of 23, may apply to the court for an
order converting a child support obligation to another form of financial maintenance in
exceptional circumstances, including but not limited to the child’s physical or mental
disability that existed prior to the date that the child reached the age of 23;

(3) Any arrearages accrued prior to the date of termination or conversion
shall remain due and enforceable by the obligee or Probation Division, as appropriate; and

(4) Court-ordered financial maintenance or reimbursement from a parent
shall not be payable or enforceable as child support. The Probation Division shall not be
required to provide any establishment, monitoring or enforcement of such maintenance or
reimbursement order.

(h) Foreign Orders or Judgments. The provisions of N.J.S.A. 2A:17-56.67 et
seq. shall not apply to child support provisions contained in orders or judgments entered
by a foreign jurisdiction and registered in New Jersey for modification or enforcement
pursuant to the Uniform Interstate Family Support Act, N.J.S.A. 2A:4-30.124 et seq.

Note: Adopted July 28, 2017 to be effective September 1, 2017.

Rule 5:6-4. Interstate support

Rule 5:6-4. Interstate support

Matters originating under N.J.S.A. 2A:4.30.124 to 2A:4-30.201 inclusive (Uniform
Interstate Family Support Act), shall be scheduled in the same manner as other Family
cases and shall be heard expeditiously.

Note: Source-R. (1969) 5:5-5. Adopted December 20, 1983, to be effective December 31, 1983; caption and text amended May 25, 1999 to be effective July 1, 1999; amended July 28, 2017 to be effective September 1, 2017.

Rule 5:6-1. When and by whom filed

Rule 5:6-1. When and by whom filed

Except for UIFSA proceedings pursuant to N.J.S.A. 2A:4-30.124 to 2A:4-30.201, a
summary action for support may be brought by either the party entitled thereto, an
assistance agency or a party seeking to establish that party's support obligation provided
no other family action is pending in which the issue of support has been or could be raised.

Note: Source-new. Adopted December 20, 1983, to be effective December 31, 1983; amended November 1, 1985 to be effective January 2, 1986; amended May 25, 1999 to be effective July 1, 1999; amended July 27, 2015 to be effective September 1, 2015; amended July 28, 2017 to be effective September 1, 2017.

Rule 5:4-5. Issuance of Summons for Dissolution Complaints

Rule 5:4-5. Issuance of Summons for Dissolution Complaints

Plaintiff shall cause a summons to issue within sixty (60) days after the filing of a
dissolution complaint. Should plaintiff fail to issue a summons within sixty (60) days
from the date of the filing of a dissolution complaint, defendant may seek dismissal of
the complaint or such other relief as is just and equitable. Such dismissal shall be
without prejudice unless otherwise specified in the order.

Note: Adopted July 28, 2017 to be effective September 1, 2017.

Rule 5:4-2. Complaint

Rule 5:4-2. Complaint

(a) Complaint Generally.

(1) Caption. All family actions shall be captioned in the Chancery Division
Family Part.

(2) Contents. Every complaint in a family part action, in addition to the
special requirements prescribed by these rules for specific family actions shall also
include a statement of the essential facts constituting the basis of the relief sought, the
statute or statutes, if any, relied on by the plaintiff, the street address or, if none, the
post office address of each party, or a statement that such address is not known; a
statement of any previous family actions between the parties; and, if not otherwise
stated, the facts upon which venue is based. If a civil union or domestic partnership
exists between the parties, it shall be stated in the complaint. When dissolution or
termination of that relationship is sought, the complaint shall contain a separate cause
of action seeking such relief. In any action involving the welfare or status of a child, the
complaint shall include the child's name, address, the date of birth, and a statement of
where and with whom the child resides.

(b) Corespondent.

(1) Identification of Corespondent. In family actions in which adultery or
deviant sexual conduct is charged, the pleading so charging shall state the name of the
person with whom such conduct was committed, if known, and if not known, shall state
any available information tending to describe the said person, and shall also state such
designation of the time, place and circumstances under which the act or series of acts
were committed as will enable the party charged therewith and the court to distinguish
the particular offense or offenses intended to be charged. If it is stated that the name is
unknown, it must be shown at the hearing that it was not known at the time of the filing
of the pleading containing the charge.

(2) Notice to Corespondent. A person named as a corespondent in any
pleading seeking or resisting relief on the ground of adultery or deviant sexual conduct
shall, within 30 days after filing of such a pleading, be served by the party making the
charge, either personally or by registered or certified mail to the corespondent's last
known address, return receipt requested, or, if the corespondent refuses to claim or to
accept delivery, by ordinary mail, with a copy of such pleading and a written notice of
the pendency of the action, of the charge, and of the right to intervene in accordance
with R. 4:33. If the name and address of the corespondent are discovered thereafter
and before the trial, the party making the charge shall give such notice forthwith. If the
name and address of the corespondent appear at the trial, and such notice has not
been given, an adjournment may be ordered and such notice given. An affidavit of
compliance with the requirements of this rule shall be filed.

(c) Affidavit of Verification and Non-Collusion. There shall be annexed to every
complaint or counterclaim for divorce, dissolution of civil union, termination of domestic
partnership, or nullity an oath or affirmation by the plaintiff or counterclaimant that the
allegations of the complaint or counterclaim are true to the best of the party's
knowledge, information and belief, and that the pleading is made in truth and good faith
and without collusion for the causes set forth therein.

(d) Counterclaim. A counterclaim may state any family cause of action, and any
other cause or causes of action which exist at the time of service of the counterclaim. A
counterclaim not stated in an answer may be filed by leave of the court at any time prior
to final judgment. Failure to counterclaim for divorce, dissolution of civil union,
termination of domestic partnership, or nullity shall not bar such cause of action. In any
action involving the welfare or status of a child the counterclaim shall include the child's
name, address, date of birth and a statement of where and with whom the child resides.

(e) Amended or Supplemental Complaint or Counterclaim in Dissolution Matters.
In any action for divorce, dissolution of civil union, termination of domestic partnership,
nullity, or separate maintenance, a supplemental complaint or counterclaim may be
allowed to set forth a cause of action which has arisen or become known since the filing
of the original complaint, and an amended complaint or counterclaim may be allowed to
change the action from the originally pleaded cause to any other cognizable family or
family type action.

(f) Affidavit or Certification of Insurance Coverage. The first pleading of each
party shall have annexed thereto an affidavit listing all known insurance coverage of the
parties and their minor children, including but not limited to life, health, automobile,
homeowner's and renter’s insurance and any umbrella policy related thereto, long-term
care, and disability insurance. The affidavit shall specify the name of the insurance
company, the policy number, the named insured and, if applicable, other persons
covered by the policy; a description of the coverage including the policy term, if
applicable; and in the case of life insurance, an identification of the named beneficiaries.
The affidavit shall also specify whether any insurance coverage was canceled or
modified within the ninety days preceding its date and, if so, a description of the
canceled insurance coverage. Insurance coverage identified in the affidavit shall be
maintained pending further order of the court. If, however, the only relief sought is
dissolution of the marriage or civil union, or a termination of a domestic partnership, or if
a settlement agreement addressing insurance coverage has already been reached, the
parties shall annex to their pleadings, in lieu of the required insurance affidavit, an
affidavit so stating. Nevertheless, if a responding party seeks financial relief, the
responding party shall annex an insurance-coverage affidavit to the responsive pleading
and the adverse party shall serve and file an insurance-coverage affidavit within 20
days after service of the responsive pleading. A certification in lieu of affidavit may be
filed.

(g) Confidential Litigant Information Sheet. All pleadings of each party to any
proceeding involving alimony, maintenance, child support, custody, parenting time,
visitation or paternity shall be accompanied by a completed Confidential Litigant
Information Sheet in the form prescribed by the Administrative Director of the Courts.
The form shall be provided at the time of the filing of any pleading but shall not be
affixed to the pleadings. The information contained in the Confidential Litigant
Information Sheet shall be maintained as confidential and shall be used for the sole
purposes of establishing, modifying, and enforcing orders. The Administrative Office of
the Courts shall develop and implement procedures to maintain the Confidential Litigant
Information Sheet as a confidential document rather than a public record. The
Confidential Litigant Information Sheet shall contain a certification consistent with R.
1:4-4(b). No copy thereof shall be served on any opposing party.

(h) Affidavit or Certification of Notification of Complementary Dispute Resolution
Alternatives. The first pleading of each party shall have annexed thereto an affidavit or
certification in the form prescribed in Appendix XXVII-A or XXVII-B of these rules that
the litigant has been informed of the availability of complementary dispute resolution
("CDR") alternatives to conventional litigation, including but not limited to mediation,
arbitration, and collaborative law (New Jersey Family Collaborative Law Act, N.J.S.A.
2A:23D-1 through -18), and that the litigant has received descriptive material regarding
such CDR alternatives.

(i) Complaint in Non-Dissolution Matters. Non-dissolution actions shall
commence with the filing of a verified complaint/counterclaim form promulgated by the
Administrative Director of the Courts, except that attorneys may file a non-conforming
complaint, which must have appended to it a completed supplement promulgated by the
Administrative Director of the Courts. In any action involving the welfare or status of a
child, the complaint shall include the child's name, address, the date of birth, and a
statement of where and with whom the child resides. In any non-dissolution action
involving the support of a child in which paternity was previously acknowledged by the
parents, a copy of the Certificate of Parentage or other written acknowledgment of
paternity shall be filed with the complaint for support.

(j) Designation of Complex Non-Dissolution Matters. In any non-dissolution
action, any party or attorney seeking to designate a case as complex may submit that
request in a verified complaint/counterclaim form promulgated by the Administrative
Director of the Courts or in writing to the court prior to the first hearing. The procedure
for the assignment of non-dissolution matters to the complex track is set forth in R. 5:5-
7(c).

Note: Source - R. (1969) 4:77-1(a)(b)(c)(d), 4:77-2, 4:77-3, 4:77-4, 4:78-3, 5:4-1(a) (first two sentences). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b)(2) amended November 5, 1986 to be effective January 1, 1987; paragraphs (a)(2) and (d) amended November 2, 1987 to be effective January 1, 1988; paragraphs (b)(2) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (a)(2) amended July 10, 1998 to be effective September 1, 1998; new paragraph (f) adopted January 21, 1999 to be effective April 5, 1999; paragraph (f) caption and text amendment July 12, 2002 to be effective September 3, 2002; new paragraph (g) adopted July 28, 2004 to be effective September 1, 2004; new paragraph (h) adopted July 27, 2006 to be effective September 1, 2006; paragraph (h) amended October 10, 2006 to be effective immediately; paragraph (g) amended June 15, 2007 to be effective September 1, 2007; paragraphs (g) and (h) amended July 16, 2009 to be effective September 1, 2009; paragraphs (c), (d), (e), (f) and (g) amended July 21, 2011 to be effective September 1, 2011; paragraph (g) amended July 9, 2013 to be effective September 1, 2013; subparagraph (a)(2) amended, paragraph (e) caption amended, paragraph (h) amended, and paragraphs (i) and (j) adopted July 27, 2015 to be effective September 1, 2015; subparagraph (a)(2) and paragraph (f) amended July 28, 2017 to be effective September 1, 2017. 

Rule 5:3-7. Additional Remedies on Violation of Orders Relating to Parenting Time, Alimony, Financial Maintenance, Support or Domestic Violence Restraining Orders

Rule 5:3-7. Additional Remedies on Violation of Orders Relating to Parenting
Time, Alimony, Financial Maintenance, Support or Domestic Violence Restraining
Orders

(a) Custody or Parenting Time Orders. On finding that a party has violated an
order respecting custody or parenting time, the court may order, in addition to the
remedies provided by R. 1:10-3, any of the following remedies, either singly or in
combination: (1) compensatory time with the children; (2) economic sanctions, including
but not limited to the award of monetary compensation for the costs resulting from a
parent's failure to appear for scheduled parenting time or visitation such as child care
expenses incurred by the other parent; (3) modification of transportation arrangements;

(4) pick-up and return of the children in a public place; (5) counseling for the children or
parents or any of them at the expense of the parent in violation of the order; (6)
temporary or permanent modification of the custodial arrangement provided such relief
is in the best interest of the children; (7) participation by the parent in violation of the
order in an approved community service program; (8) incarceration, with or without work
release; (9) issuance of a warrant to be executed upon the further violation of the
judgment or order; and (10) any other appropriate equitable remedy.

(b) Alimony, Financial Maintenance, or Child Support Orders. On finding that a
party has violated an alimony, financial maintenance, or child support order the court
may, in addition to remedies provided by R. 1:10-3, grant any of the following remedies,
either singly or in combination: (1) fixing the amount of arrearages and entering a
judgment upon which interest accrues; (2) requiring payment of arrearages on a
periodic basis; (3) suspension of an occupational license or driver's license consistent
with law; (4) economic sanctions; (5) participation by the party in violation of the order in
an approved community service program; (6) incarceration, with or without work
release; (7) issuance of a warrant to be executed upon the further violation of the
judgment or order; and (8) any other appropriate equitable remedy.

(c) Enforcement of Relief under Provisions of Domestic Violence Restraining
Orders Not Subject to Criminal Contempt Complaints. On finding that a party has failed
to comply with the provisions of a restraining order issued pursuant to the Prevention of
Domestic Violence Act, not subject to criminal contempt (part II relief excluded under
N.J.S.A. 2C:25-30), the court may, on notice to the defendant, in addition to the relief
provided by R. 1:10-3, grant any of the following remedies, either singly or in
combination: (1) economic sanctions, (2) incarceration with or without work release, (3)
issuance of a warrant to be executed upon further violation or non-compliance with the
order, (4) any appropriate remedy under paragraph (a) or (b) above, applicable to
custody or parenting time issues or alimony or child support issues, and (5) any other
appropriate equitable remedy.

Note: Adopted January 21, 1999 to be effective April 5, 1999; paragraph (a) amended July 5, 2000 to be effective September 5, 2000; caption amended, paragraph (a) amended, and new paragraph (c) adopted July 21, 2011 to be effective September 1, 2011; caption amended, and paragraph (b) caption and text amended July 28, 2017 to be effective September 1, 2017. 

Rule 5:3-5. Attorney Fees and Retainer Agreements in Civil Family Actions; Withdrawal

Rule 5:3-5. Attorney Fees and Retainer Agreements in Civil Family Actions;
Withdrawal

(a) Retainer Agreements. Except where no fee is to be charged, every
agreement for legal services to be rendered in a civil family action shall be in writing
signed by the attorney and the client, and an executed copy of the agreement shall be
delivered to the client. The agreement shall have annexed thereto the Statement of
Client Rights and Responsibilities in Civil Family Actions in the form appearing in
Appendix XVIII of these rules and shall include the following:

(1) a description of legal services anticipated to be rendered;

(2) a description of the legal services not encompassed by the agreement,
such as real estate transactions, municipal court appearances, tort claims, appeals, and
domestic violence proceedings;

(3) the method by which the fee will be computed;

(4) the amount of the initial retainer and how it will be applied;

(5) when bills are to be rendered, which shall be no less frequently than
once every ninety days, provided that services have been rendered during that period;
when payment is to be made; whether interest is to be charged, provided, however, that
the running of interest shall not commence prior to thirty days following the rendering of
the bill; and whether and in what manner the initial retainer is required to be
replenished;

(6) the name of the attorney having primary responsibility for the client's
representation and that attorney's hourly rate; the hourly rates of all other attorneys who
may provide legal services; whether rate increases are agreed to, and, if so, the
frequency and notice thereof required to be given to the client;

(7) a statement of the expenses and disbursements for which the client is
responsible and how they will be billed;

(8) the effect of counsel fees awarded on application to the court pursuant
to paragraph (c) of this rule;

(9) the right of the attorney to withdraw from the representation, pursuant
to paragraph (e) of this rule, if the client does not comply with the agreement; and

(10) the availability of Complementary Dispute Resolution (CDR)
programs including but not limited to mediation and arbitration.

(b) Limitations on Retainer Agreements. During the period of the representation,
an attorney shall not take or hold a security interest, mortgage, or other lien on the
client's property interests to assure payment of the fee. This Rule shall not, however,
prohibit an attorney from taking a security interest in the property of a former client after
the conclusion of the matter for which the attorney was retained, provided the
requirements of R.P.C. 1.8(a) shall have been satisfied. Nor shall the retainer
agreement include a provision for a non-refundable retainer. Contingent fees pursuant
to R. 1:21-7 shall only be permitted as to claims based on the tortious conduct of
another, and if compensation is contingent, in whole or in part, there shall be a separate
contingent fee arrangement complying with R. 1:21-7. No services rendered in
connection with the contingent fee representation shall be billed under the retainer
agreement required by paragraph (a) of this rule, nor shall any such services be eligible
for an award of fees pursuant to paragraph (c) of this rule.

(c) Award of Attorney Fees. Subject to the provisions of R. 4:42-9(b), (c), and (d),
the court in its discretion may make an allowance, both pendente lite and on final
determination, to be paid by any party to the action, including, if deemed to be just, any
party successful in the action, on any claim for divorce, dissolution of civil union,
termination of domestic partnership, nullity, support, alimony, custody, parenting time,
equitable distribution, separate maintenance, enforcement of agreements between
spouses, domestic partners, or civil union partners and claims relating to family type
matters. All applications or motions seeking an award of attorney fees shall include an
affidavit of services at the time of initial filing, as required by paragraph (d) of this rule. A
pendente lite allowance may include a fee based on an evaluation of prospective
services likely to be performed and the respective financial circumstances of the parties.
The court may also, on good cause shown, direct the parties to sell, mortgage, or
otherwise encumber or pledge assets to the extent the court deems necessary to permit
both parties to fund the litigation. In determining the amount of the fee award, the court
should consider, in addition to the information required to be submitted pursuant to R.
4:42-9, the following factors: (1) the financial circumstances of the parties; (2) the ability
of the parties to pay their own fees or to contribute to the fees of the other party; (3) the
reasonableness and good faith of the positions advanced by the parties both during and
prior to trial; (4) the extent of the fees incurred by both parties; (5) any fees previously
awarded; (6) the amount of fees previously paid to counsel by each party; (7) the results
obtained; (8) the degree to which fees were incurred to enforce existing orders or to
compel discovery; and (9) any other factor bearing on the fairness of an award.

(d) Affidavit of Services Provided. All applications for the allowance of fees shall
be supported by an affidavit of services addressing the factors enumerated in RPC
1.5(a). The affidavit shall also include a recitation of other factors pertinent in the
evaluation of the services rendered, the amount of the allowance applied for, and an
itemization of disbursements for which reimbursement is sought. If the court is
requested to consider paraprofessional services in making a fee allowance, the affidavit
shall include a detailed statement of the time spent and services rendered by
paraprofessionals, a summary of the paraprofessionals' qualifications, and the
attorney's billing rate for paraprofessional services to clients generally. No portion of any
fee allowance claimed for attorneys' services shall duplicate in any way the fees claimed
by the attorney for paraprofessional services rendered to the client. For purposes of this
rule, "paraprofessional services" shall mean those services rendered by individuals who
are qualified through education, work experience or training who perform specifically
delegated tasks that are legal in nature under the direction and supervision of attorneys
and which tasks an attorney would otherwise be obliged to perform.

(e) Withdrawal from Representation.

(1) An attorney may withdraw from representation ninety (90) days or
more prior to the scheduled trial date on the client's consent in accordance with R. 1:11-
2(a)(1). If the client does not consent, the attorney may withdraw only on leave of court
as provided in subparagraph (2) of this rule.

(2) Within ninety (90) days of a scheduled trial date, an attorney may
withdraw from a matter only by leave of court, on motion with notice to all parties. The
motion shall be supported by the attorney's affidavit or certification setting forth the
reasons for the application and shall have annexed the written retainer agreement. In
deciding the motion, the court shall consider, among other relevant factors, the terms of
the written retainer agreement and whether either the attorney or the client has
breached the terms of that agreement; the age of the action; the imminence of the
scheduled trial; the complexity of the issues; the ability of the client to timely retain
substituted counsel; the amount of fees already paid by the client to the attorney; the
likelihood that the attorney will receive payment of any balance due under the retainer
agreement if the matter is tried; the burden on the attorney if the withdrawal application
is not granted; and the prejudice to the client or to any other party.

(3) Upon the filing of a motion or cross-motion to be relieved as counsel,
the court, absent good cause, shall sever all other relief sought by the motion or crossmotion from the motion to be relieved as counsel. The court shall first decide the motion
to be relieved and, in the order either granting or denying the motion to be relieved,
shall include a scheduling order for the filing of responsive pleadings and the return date
for all other relief sought in the motion or cross-motion.

Note: Adopted January 21, 1999 to be effective April 5, 1999; paragraph (b) amended July 5, 2000 to be effective September 5, 2000; new paragraph (a)(10) adopted, and paragraphs (d)(1) and (d)(2) amended July 28, 2004 to be effective September 1, 2004; paragraph (c) amended July 16, 2009 to be effective September 1, 2009; paragraph (c) amended and subparagraphs (d)(1) and (d)(2) amended July 21, 2011 to be effective September 1, 2011; subparagraphs (d)(1) and (d)(2) amended July 9, 2013 to be effective September 1, 2013; paragraph (c) amended, new paragraph (d) adopted, former paragraph (d) redesignated as paragraph (e), and new subparagraph (e)(3) adopted July 28, 2017 to be effective September 1, 2017; subparagraph (a)(9) amended July 29, 2019 to be effective September 1, 2019. 

Rule 5:2-1. Venue, Where Laid

Rule 5:2-1. Venue, Where Laid

Venue in family actions shall be laid in accordance with the applicable provisions of
R. 3:14-1 and R. 4:3-2 except as follows:

(a) (1) In actions primarily involving the support or parentage of a child (except
actions in which the issue of support of a child is joined with claims for divorce, dissolution
of civil union, termination of domestic partnership, or nullity) venue shall be laid, pursuant
to the Uniform Interstate Family Support Act (UIFSA), in the county of New Jersey in which
the child is domiciled, if New Jersey is determined to be the child's home state, as defined
under N.J.S.A. 2A:4-30.125.

(2) In a proceeding to establish or enforce or modify a support order or to
determine parentage, personal jurisdiction over nonresident individuals shall be governed
by N.J.S.A. 2A:4-30.129.

(3) The jurisdictional basis for the establishment of a support order shall be
governed by N.J.S.A. 2A:4-30.132.

(4) The continuing exclusive jurisdiction of New Jersey or another issuing
state, exceptions thereto and modification of a support order issued by a court of this or
another state, shall be governed by N.J.S.A. 2A:4-30.133.

(5) Recognition of an order entered by this State, or by a tribunal of another
state, and the method to determine which order is controlling, when multiple orders exist,
including responses to multiple registrations or petitions for enforcement, shall be
governed by N.J.S.A. 2A:4-30.134 and 2A:4-30.135.

(b) (1) In actions involving the welfare, custody, protection and status of a child
(except actions in which the issues of welfare, custody, protection and status of a child are
joined with claims for divorce, dissolution of civil union, termination of domestic
partnership, or nullity), venue shall be laid, pursuant to the Uniform Child Custody
Jurisdiction and Enforcement Act (UCCJEA), in the county of New Jersey in which the
child was last domiciled if New Jersey is determined to be the child's home state, as
defined under N.J.S.A. 2A:34-54, and pursuant to N.J.S.A. 2A:34-65.

(2) Pursuant to N.J.S.A. 2A:34-68, New Jersey may exercise temporary
emergency jurisdiction under the Rule.

(c) In divorce, dissolution of civil union, termination of domestic partnership, and
nullity actions, venue shall be laid in accordance with R. 5:7-1.

(d) In actions for adoption, venue shall be laid in accordance with R. 5:10-1.

(e) In actions for termination of parental rights, venue shall be laid in accordance
with R. 5:9-1.

(f) In juvenile delinquency actions, venue shall be laid in accordance with R. 5:19-1.

(g) In kinship legal guardianship actions, venue shall be laid in accordance with R.
5:9A-3.

Note: Source - new. Adopted December 20, 1983, to be effective December 31, 1983; paragraph (a)
amended November 7, 1988 to be effective January 2, 1989; paragraph (a) amended July 5, 2000 to be effective September 5, 2000; new paragraph (f) added June 15, 2007 to be effective September 1, 2007; paragraph (a) amended and text reallocated as paragraphs (a) and (b), paragraphs (b), (c), (d), (e), and (f) reallocated as paragraphs (c), (d), (e), (f), and (g) July 16, 2009 to be effective September 1, 2009; subparagraphs (a)(1) and (b)(1) and paragraph (c) amended July 21, 2011 to be effective September 1, 2011; subparagraphs (a)(1), (a)(2), (a)(3), (a)(4), and (a)(5) amended July 28, 2017 to be effective September 1, 2017.

Rule 3:28-10. Pretrial Intervention Program Director

Rule 3:28-10. Pretrial Intervention Program Director

For purposes of R. 3:28-1 et seq. and N.J.S.A. 2C:43-12 the criminal division
manager shall be considered the program director for purposes of making
recommendations on applications for enrollment into pretrial intervention. For purposes
of R. 3:28-1 et seq. and N.J.S.A. 2C:43-12 the vicinage chief probation officer shall be
considered the program director for purposes of recommending: (1) dismissal of the
complaint, indictment or accusation against the defendant, (2) further postponement of
all proceedings for additional time, or (3) termination of the defendant from the program
and having the prosecution of the defendant proceed in the ordinary course. The
criminal division manager and vicinage chief probation officer shall have the authority to
delegate their ability under R. 3:28-1 et seq. to make recommendations to another
person or persons.

Note: Adopted September 15, 2017 to be effective July 1, 2018.

Rule 3:28-9. Written Reasons and Decisions

Rule 3:28-9. Written Reasons and Decisions

(a) Application. The decisions and reasons made by the prosecutor and
criminal division manager in recommending or denying a defendant’s application for
enrollment into the pretrial intervention program in all cases shall be reduced to writing
and disclosed to the defendant and defendant’s attorney. The decision of the judge to
grant or deny the application shall be written or placed on the record pursuant to R. 1:7-
4 and accompanied by an order.

(b) Termination or Dismissal. The decisions and reasons made by the
prosecutor and vicinage chief probation officer in recommending termination from the
pretrial intervention program or dismissal of charges in all cases shall be reduced to
writing and disclosed to the defendant and defendant’s last known attorney of record.
The decision of the judge to order termination or dismissal of the charges shall be
written or placed on the record pursuant to R. 1:7-4 and accompanied by an order.

Note: Adopted September 15, 2017 to be effective July 1, 2018.

Rule 3:28-8. Confidentiality of Pretrial Intervention Process and Records

Rule 3:28-8. Confidentiality of Pretrial Intervention Process and Records

(a) Records and Reports Not Admissible. During the conduct of hearings
subsequent to an order returning the defendant to prosecution in the ordinary course,
no program records, investigative reports, reports made for a court or prosecuting
attorney, or statements made by the defendant to program staff shall be admissible in
evidence against such defendant.

(b) Nondisclosure. No statement or other disclosure regarding the charge or
charges against the participant made or disclosed by a participant in pretrial intervention
to a person designated to provide supervisory treatment shall be disclosed by such
person at any time, to the prosecutor, nor shall any such statement or disclosure be
admitted as evidence in any civil or criminal proceeding against the participant, provided
that the vicinage chief probation officer shall not be prevented from informing the
prosecutor, or the court, on request or otherwise, whether the participant is satisfactorily
responding to supervisory treatment.

(c) Expungement. No order to expunge or seal records of arrest after dismissal
of a complaint, indictment or accusation shall bar the retention of material and
information in the Judiciary’s computerized system for the purposes of determining a
defendant’s prior applications to, enrollments in, and the degree of completion of a
Pretrial Intervention Program or for statistical reports required of the Administrative
Director of the Courts, by law or the Supreme Court.

Note: Adopted September 15, 2017 to be effective July 1, 2018.

Rule 3:28-7. Conclusion of Period of Pretrial Intervention

Rule 3:28-7. Conclusion of Period of Pretrial Intervention

(a) Acceptance. Where a defendant charged with a penal or criminal offense
has been accepted by the program, the judge may, on the recommendation of the
criminal division manager and with the consent of the prosecutor and the defendant,
postpone all further proceedings against said defendant on such charges for a period
not to exceed thirty-six months.

(b) Disposition. At the conclusion of the period set forth in paragraph (c) or
earlier upon motion of the vicinage chief probation officer, the judge shall make one of
the following dispositions:

(1) On recommendation of the vicinage chief probation officer and with
the consent of the prosecutor and the defendant, dismiss the complaint, indictment or
accusation against the defendant, such a dismissal to be designated “complaint (or
indictment or accusation) dismissed"; or

(2) On recommendation of the vicinage chief probation officer and with
the consent of the prosecutor and the defendant, further postpone all proceedings
against such defendant on such charges for an additional period of time as long as the
aggregate of postponement periods under the rule does not exceed thirty-six months; or

(3) On the written recommendation of the vicinage chief probation officer
or the prosecutor or on the court’s own motion order the prosecution of the defendant to
proceed in the ordinary course. Where a recommendation for such an order is made by
the vicinage chief probation officer or the prosecutor, such person shall, before
submitting such recommendation to the judge, provide the defendant and defendant’s
last known attorney of record with a copy of such recommendation, shall advise the
defendant of the opportunity to be heard thereon, and the judge shall afford the
defendant such a hearing. A defendant shall also be entitled to a hearing challenging a
vicinage chief probation officer’s or prosecutor’s recommendation for termination from
the program and that the prosecution of defendant proceed in the normal course. The
decision of the court shall be appealable by the defendant or the prosecutor as in the
case of any interlocutory order.

(c) Conclusion of Term. Where proceedings have been postponed against a
defendant for an additional period as provided in paragraph (b)(2), at the conclusion of
such period the judge may not again postpone proceedings but shall make a disposition
in accordance with paragraph (b)(1) or (b)(3). The aggregate of postponement periods
under this rule shall in no case exceed thirty-six months.

(d) Records. The Administrative Director of the Courts shall maintain a record
in the Judiciary’s computerized system of all applications, enrollments and the degree of
completion thereof by a defendant in a program approved by the Supreme Court in
accordance with R. 3:28-5(a). That system shall contain such information and material
as directed by the Supreme Court.

Note: Adopted September 15, 2017 to be effective July 1, 2018

Rule 3:28-6. Appeal of Decision by Criminal Division Manager or Prosecutor

Rule 3:28-6. Appeal of Decision by Criminal Division Manager or Prosecutor

(a) Time to File. A defendant challenging the decision of the criminal division
manager not to recommend enrollment, or of a prosecutor refusing to consent to
consideration of the defendant’s application where required pursuant to R. 3:28-1(d), or
of a prosecutor’s refusing to consent to the defendant’s enrollment into the pretrial
intervention program, shall file a motion with the Presiding Judge of the Criminal
Division, or the judge to whom the case has been assigned, within ten days after receipt
of the rejection and, if prepared, of the Criminal Division Manager’s report. The motion
shall be made returnable at such time as the judge determines will promote an
expeditious disposition of the case.

(b) Standards.

(1) A defendant challenging a prosecutor’s decision to refuse to consent
to consideration of an application must establish that the prosecutor’s decision was a
patent and gross abuse of discretion. When considering an appeal, the court shall
make an individualized determination, on a case-by-case basis, of whether a
prosecutor’s decision to refuse to consent to consideration of an application for pretrial
intervention was a patent and gross abuse of discretion.

(2) A defendant challenging the criminal division manager’s
recommendation against enrollment into the pretrial intervention program must establish
that the decision was arbitrary and capricious.

(3) A defendant challenging the prosecutor’s recommendation against
enrollment into the pretrial intervention program must establish that the decision was a
patent and gross abuse of discretion.

(c) Appellate Review. If the rejection is upheld by the judge, there shall be no
pretrial review by an appellate court of a decision of the prosecutor to refuse to consent
to consideration of the application, or of a decision of the criminal division manager, or
of the prosecutor to refuse to enroll a defendant into the pretrial intervention program.
An order enrolling a defendant into the pretrial intervention program over the
prosecutor's objection shall be deemed final for purposes of appeal, as of right, and
shall be automatically stayed for fifteen days following its entry and thereafter pending
appellate review.

(d) Appeal After Judgment of Conviction. Denial of an application or
enrollment pursuant to this rule may be reviewed on appeal from a judgment of
conviction notwithstanding that such judgment is entered following a plea of guilty.

Note: Adopted September 15, 2017 to be effective July 1, 2018.