Rule 3:7-8. Issuance of a Warrant or Summons Upon Indictment or Accusation Where Defendant Has Not Been Previously Charged

Rule 3:7-8. Issuance of a Warrant or Summons Upon Indictment or Accusation
Where Defendant Has Not Been Previously Charged

Upon the return of an indictment or the filing of an accusation, a summons on
indictment or warrant on indictment shall be prepared by a law enforcement officer or
the prosecutor using the Judiciary's computerized system for issuance by the
Assignment Judge or a designated Superior Court judge or, in their absence, by any
Superior Court judge assigned to the Law Division in that county in accordance with R.
3:3-1 for each defendant named in the indictment or accusation who has not been
previously charged in the matter. A defendant who is the subject of a warrant on
indictment is an eligible defendant pursuant to N.J.S.A. 2A:162-15 et seq. If the
defendant fails to appear in response to a summons, a bench warrant shall issue.

If a summons on indictment is issued to a defendant who has not been
previously held to answer a complaint, the defendant shall undergo all post-arrest
identification procedures that are required by law upon arrest, on the return date of the
summons, or upon written request of the appropriate law enforcement agency.

Note: Source -- R.R. 3:4-9. Amended July 22, 1983 to be effective September 12, 1983; amended July 13, 1994 to be effective January 1, 1995; amended August 30, 2016 to be effective January 1, 2017; caption and text amended July 28, 2017 to be effective September 1, 2017.