Rule 3:25-2. Order for Trial
A defendant who has remained in custody awaiting trial on an indictment for at
least 90 consecutive days after the return of that indictment may move for a trial date.
The motion shall be on notice to the prosecutor and shall be accompanied by a
certification that the defense is ready to proceed to trial. The court shall, after affording
the prosecutor an opportunity to be heard, fix a date for trial. In the event the prosecutor
is unable to proceed on the trial date, the court shall take such action and enter such
orders as the interest of justice requires, which may include pretrial release.
Note: Source -- R.R. 3:11-3(b); amended July 17, 1975 to be effective September 8, 1975; former Rule redesignated paragraph (a) and paragraph (b) adopted November 2, 1987 to be effective January 1, 1988; paragraph (a) deleted, paragraph (b) amended and paragraph designation removed July 13, 1994 to be effective January 1, 1995; amended July 28, 2017 to be effective September 1, 2017.
A defendant who has remained in custody awaiting trial on an indictment for at
least 90 consecutive days after the return of that indictment may move for a trial date.
The motion shall be on notice to the prosecutor and shall be accompanied by a
certification that the defense is ready to proceed to trial. The court shall, after affording
the prosecutor an opportunity to be heard, fix a date for trial. In the event the prosecutor
is unable to proceed on the trial date, the court shall take such action and enter such
orders as the interest of justice requires, which may include pretrial release.
Note: Source -- R.R. 3:11-3(b); amended July 17, 1975 to be effective September 8, 1975; former Rule redesignated paragraph (a) and paragraph (b) adopted November 2, 1987 to be effective January 1, 1988; paragraph (a) deleted, paragraph (b) amended and paragraph designation removed July 13, 1994 to be effective January 1, 1995; amended July 28, 2017 to be effective September 1, 2017.
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