7:3-1. Procedure After Arrest

7:3-1. Procedure After Arrest

(a) First Appearance; Time; Defendants Not in Custody. Following the filing of
a complaint and service of process upon the defendant, the defendant shall be brought,
without unnecessary delay, before the court for a first appearance.

(b) First Appearance; Time; Defendants Committed to Jail. All defendants
who are in custody shall have the first appearance conducted within 48 hours of their
commitment to jail, except as provided in R. 3:4-2(a)(1). For defendants incarcerated on
an initial charge, on a Complaint- Warrant (CDR-2) for an indictable or disorderly
persons offense, the first appearance shall be conducted at a centralized location and
by a judge designated by the Chief Justice, as provided in Rule 3:26. For all other
incarcerated defendants within the jurisdiction of the municipal court who require a first
appearance, the first appearance shall be conducted by a judge authorized to set bail or
other conditions of release; this includes those charged on an initial Complaint-Warrant
(CDR-2) for a petty disorderly persons offense.

(c) Custodial Arrest Without Warrant.

(1) Preparation of a Complaint and Summons or Warrant. A law
enforcement officer making a custodial arrest without a Complaint-Warrant (CDR-2)
shall take the defendant to the police station where a complaint shall be immediately
prepared. The complaint shall be prepared on a Complaint-Summons form (CDR-1 or
Special Form of Complaint and Summons), unless the law enforcement officer
determines that one or more of the factors in R. 7:2-2(f) applies. Upon such
determination, the law enforcement officer may prepare a Complaint-Warrant (CDR-2)
rather than a Complaint-Summons.

(2) Probable Cause; Issuance of Process. If a Complaint-Warrant (CDR2)
is prepared, the law enforcement officer shall, without unnecessary delay, but in no
event later than 12 hours after arrest, present the matter to a judge, or in the absence of
a judge, to a municipal court administrator or deputy court administrator who has been
granted authority to determine whether a Complaint-Warrant (CDR-2) or summons will
issue. The judicial officer shall determine whether there is probable cause to believe
that an offense was committed and that the defendant committed it. If probable cause
is found, a summons or Complaint-Warrant (CDR-2) may issue. If the judicial officer
determines that the defendant will appear in response to a summons, a summons shall
be issued consistent with the standard prescribed by R. 7:2-2. If the judicial officer
determines that a warrant should issue consistent with the standards prescribed by R.
7:2-2 after the Complaint-Warrant (CDR-2) is issued, the defendant charged with a
disorderly persons offense shall be remanded to the county jail pending a determination
of conditions of pretrial release. If the defendant is charged on a Complaint-Warrant
(CDR-2) with a petty disorderly persons offense or any other matter within the
jurisdiction of the municipal court, as set forth in N.J.S.A. 2B:12-17 and R. 7:1, bail shall
be set without unnecessary delay, but in no event later than 12 hours after arrest. The
finding of probable cause shall be noted on the face of the summons or ComplaintWarrant
(CDR-2). If no probable cause is found, the judge shall not issue the summons
or Complaint-Warrant (CDR-2).

(3) Summons. If a Complaint-Summons form (CDR-1 or Special Form of
Complaint and Summons) has been prepared, or if a judicial officer has determined that
a summons shall issue, the summons shall be served and the defendant shall be
released after completion of post-arrest identification procedures required by law and
pursuant to R. 7:2-2(j).

(d) Non-Custodial Arrest. A law enforcement officer charging any offense may
personally serve a Complaint-Summons (Special Form of Complaint and Summons) at
the scene of the arrest without taking the defendant into custody.

(e) Arrest Following Bench Warrant. If a defendant is arrested on a bench
warrant on an initial summons and monetary bail was not set at warrant issuance, a bail
determination or release on personal recognizance must occur without unnecessary
delay and no later than 12 hours after arrest. If the defendant is unable to post bail, the
court shall review that bail promptly. The defendant may file an application with the
court seeking a bail reduction; such bail reduction motion shall be heard in an expedited
manner.

Note: Source -- R. (1969) 7:2, 7:3-1, 3:4-1. Adopted October 6, 1997 to be effective
February 1, 1998; paragraphs (b)(1) and (b)(2) amended July 12, 2002 to be effective
September 3, 2002; paragraph (b) caption amended, paragraphs (b)(1) and (b)(2)
amended, and new paragraph (c) adopted July 28, 2004 to be effective September 1,
2004; paragraph (a) caption and text amended, new paragraph (b) adopted, former
paragraph (b) amended and redesignated as paragraph (c) , and text amended, former
paragraph (c) redesignated as paragraph (d), and new paragraph (e) adopted August
30, 2016 to be effective January 1, 2017; paragraphs (b), (c)(2) and (c)(3) amended
November 14, 2016 to be effective January 1, 2017; paragraph (b) amended July 29,
2019 to be effective September 1, 2019; subparagraphs (c)(1), (c)(2), and (c)(3)
amended, and paragraph (d) amended August 2, 2019 to be effective October 1, 2019,
effective date extended to January 1, 2020 pursuant to Court order dated September
25, 2019.

7:2-3. Warrants; Execution and Service: Return

7:2-3. Warrants; Execution and Service: Return

(a) By Whom Executed; Territorial Limits. A warrant shall be executed by any
officer authorized by law. The warrant may be executed at any place within this State.
This applies to all warrants issued by the municipal court, including Complaint-Warrants
(CDR-2) and bench warrants that may be issued after the initial filing of the complaint. A
bench warrant is any warrant, other than a Complaint-Warrant (CDR-2), that is issued
by the court that orders a law enforcement officer to take the defendant into custody.

(b) How Executed. The warrant shall be executed by the arrest of the
defendant. The law enforcement officer need not possess the warrant at the time of the
arrest, but upon request, the officer shall show the warrant or a copy of an Automated
Traffic System/Automated Complaint System (ATS/ACS) electronic record evidencing
its issuance to the defendant as soon as possible. If the law enforcement officer does
not have the actual warrant to show or does not have access to an ATS/ACS printer to
produce a copy of the electronic record at the time of the arrest, the officer shall inform
the defendant of the offense charged and that a warrant has been issued. Defendants
arrested on a Complaint-Warrant (CDR-2) charging an indictable or disorderly persons
offense shall be remanded to the county jail pending a determination regarding
conditions of pretrial release. Defendants arrested on a Complaint-Warrant (CDR-2)
charging any other matter shall be brought before the court issuing the warrant,
pursuant to Rule 7:2-1(d)(3).

(c) Return. The law enforcement officer executing a warrant shall make prompt
return of the warrant to the court that issued the warrant. The arresting officer shall
promptly notify the court issuing the warrant by electronic communication through the
appropriate Judiciary computer system of the date and time of the arrest. If the
defendant is incarcerated, the law enforcement officer shall promptly notify the court of
the place of the defendant's incarceration.

Note: Source -- Paragraph (a): R. (1969) 7:2; 7:3-1, 3:3-3(a), (b), (c), (e); Paragraphs (b)(1), (2), (3): R. (1969) 7:3-1: Paragraph (b)(4): R. (1969) 7:2, 7:3-1, 3:3-3(e). Adopted October 6, 1997 to be effective February 1, 1998; caption amended, caption of former paragraph (a) deleted, caption and text of former paragraph (b) deleted and relocated to new Rule 7:2-4, former paragraphs (a)(1), (a)(2), and (a)(3) redesignated as paragraphs (a), (b), and (c) July 28, 2004 to be effective September 1, 2004; caption amended, paragraphs (a), (b), (c) amended August 30, 2016 to be effective January 1, 2017; paragraph (b) amended November 14, 2016 to be effective January 1, 2017.

7:2-2. Issuance of Complaint-Warrant (CDR-2) or Summons

7:2-2. Issuance of Complaint-Warrant (CDR-2) or Summons

(a) Probable Cause.

(1) Finding of Probable Cause. A finding of probable cause by a judicial officer
that an offense was committed and that the defendant committed it must be made
before issuance of a Complaint-Warrant (CDR-2) or a summons except as provided in
paragraphs (a)(3) and (a)(4). The Complaint-Warrant (CDR-2) or summons may be
issued only if it appears to the judicial officer from the complaint, affidavit, certification or
testimony that there is probable cause to believe that an offense was committed and the
defendant committed it. The judicial officer’s finding of probable cause shall be noted on
the face of the Complaint-Warrant (CDR-2) or summons and shall be confirmed by the
judicial officer’s signature issuing the Complaint-Warrant (CDR-2) or summons.

(2) Finding of No Probable Cause. If the municipal court administrator or deputy
court administrator finds that no probable cause exists to issue a Complaint-Warrant
(CDR-2) or summons, or that the applicable statutory time limitation to issue the
Complaint-Warrant (CDR-2) or summons has expired, that finding shall be reviewed by
the judge. A judge finding no probable cause to believe that an offense occurred or that
the statutory time limitation to issue a Complaint-Warrant (CDR-2) or a summons has
expired shall not issue the Complaint-Warrant (CDR-2) or summons.

(3) Complaint by Law Enforcement Officer or Other Statutorily Authorized
Person. A summons on a complaint made by a law enforcement officer charging any
offense may be issued by a law enforcement officer or by any person authorized to do
so by statute without a finding by a judicial officer of probable cause for issuance. A law
enforcement officer may personally serve the summons on the defendant without
making a custodial arrest.

(4) Complaint by Code Enforcement Officer. A summons on a complaint made by
a Code Enforcement Officer charging any offense within the scope of the Code
Enforcement Officer’s authority and territorial jurisdiction may be issued without a
finding by a judicial officer of probable cause for issuance. A Code Enforcement Officer
may personally serve the summons on the defendant. Otherwise, service shall be in
accordance with these rules. For purposes of this rule, a “Code Enforcement Officer” is
a public employee who is responsible for enforcing the provisions of any state, county or
municipal law, ordinance or regulation which the public employee is empowered to
enforce.

(b) Authorization for Process of Citizen Complaints.

(1) Issuance of a Citizen Complaint Charging Disorderly Persons Offense, Petty
Disorderly Persons Offense, or Any Other Matter within the Jurisdiction of the Municipal
Court. A Complaint-Warrant (CDR-2) or a summons charging a disorderly persons
offense, petty disorderly persons offense or any other matter within the jurisdiction of
the municipal court, as set forth in N.J.S.A. 2B:12-17 and R. 7:1, made by a private
citizen may be issued only by a judge or, if authorized by the judge, by a municipal court
administrator or deputy court administrator of a court with jurisdiction in the municipality
where the offense is alleged to have been committed within the statutory time limitation.

(2) County Prosecutor Review of Citizen Complaints Charging Disorderly
Persons Offenses. Prior to a finding of probable cause and issuance of a ComplaintWarrant
(CDR-2) or a summons charging a disorderly persons offense made by a
private citizen against a candidate or nominee for public office or a person holding
public office as defined in N.J.S.A. 19:1-1, the Complaint-Warrant (CDR-2) or summons
shall be reviewed by a county prosecutor for approval or denial. Prior to approval, the
prosecutor has the authority to modify the charge. If the prosecutor approves the citizen
complaint charging a disorderly persons offense, the prosecutor shall indicate this
decision on the complaint and submit it to a judicial officer who will determine if probable
cause exists and whether to issue a Complaint-Warrant (CDR-2) or summons in the
Judiciary’s computerized system used to generate complaints. If the prosecutor denies
the citizen complaint charging a disorderly persons offense, the prosecutor shall report
the denial and the basis therefor to the Assignment Judge on the record or in writing
and shall notify the citizen complainant and the defendant. The absence of approval or
denial within the timeframe set forth in R. 7:2-2(b)(6) shall be deemed as not objecting
to the citizen complaint. The citizen complaint charging a disorderly persons offense
shall be reviewed by the judicial officer for a probable cause finding.

(3) Issuance of a Citizen Complaint Charging Indictable Offenses. A ComplaintWarrant
(CDR-2) or a Complaint-Summons (CDR-1) charging any indictable offense
made by a private citizen may be issued only by a judge.

(4) County Prosecutor Review of Citizen Complaints Charging Indictable
Offenses. Prior to a finding of probable cause and issuance of a Complaint-Warrant
(CDR-2) or a Complaint-Summons (CDR-1) charging any indictable offense made by a
private citizen against any individual, the Complaint-Warrant (CDR-2) or ComplaintSummons
(CDR-1) shall be reviewed by a county prosecutor for approval or denial.
Prior to approval, the prosecutor has the authority to modify the charge. If the
prosecutor approves the citizen complaint charging an indictable offense, the prosecutor
shall indicate this decision on the complaint and submit it to a judge who will determine
if probable cause exists and whether to issue a Complaint-Warrant (CDR-2) or a
Complaint-Summons (CDR-1) in the Judiciary’s computerized system used to generate
complaints. If the prosecutor denies the citizen complaint charging an indictable
offense, the prosecutor shall report the denial and the basis therefor to the Assignment
Judge on the record or in writing and shall notify the citizen complainant and the
defendant. The absence of approval or denial within the timeframe set forth in R. 7:2-
2(b)(6) shall be deemed as not objecting to the citizen complaint. The citizen complaint
charging an indictable offense shall be reviewed by the judge for a probable cause
finding.

(5) Probable Cause Findings - Citizen Complaints. The Complaint-Warrant
(CDR-2) or summons charging: (i) a disorderly persons offense, petty disorderly
persons offense or any other matter within the jurisdiction of the municipal court, as set
forth in N.J.S.A. 2B:12-17 and R. 7:1, made by a private citizen may be issued by a
judicial officer pursuant to (b)(1) of this rule, or (ii) any indictable offense made by a
private citizen may be issued by a judge pursuant to (b)(3) of this rule, only if it appears
from the complaint, affidavit, certification or testimony that there is probable cause to
believe that an offense was committed and the defendant committed it. The judicial
officer’s finding of probable cause shall be noted on the face of the Complaint-Warrant
(CDR-2) or summons and shall be confirmed by the judicial officer’s signature issuing
the Complaint-Warrant (CDR-2) or summons.

(6) Period of Time for County Prosecutor Review of Citizen Complaints Charging
Disorderly Persons and Indictable Offenses. The county prosecutor shall review citizen
complaints pursuant to R. 7:2-2(b)(2), 7:2-2(b)(4), and R. 3:2-1(a)(2) within a period of
no more than forty-five calendar days following receipt of the citizen complaint in the
Judiciary’s computerized system used to generate complaints. The prosecutor may
apply to the court to extend the period of review upon a showing of good cause for
additional periods of time no greater than ten calendar days each.

(c) Issuance of a Complaint-Warrant (CDR-2) or Summons

(1) Issuance of a Summons. A summons may be issued on a complaint
only if:

(i) a judge, authorized municipal court administrator or authorized
deputy municipal court administrator (judicial officer) finds from the complaint or an
accompanying affidavit or deposition, that there is probable cause to believe that an
offense was committed and that the defendant committed it and notes that finding on
the summons; or

(ii) the law enforcement officer or code enforcement officer who
made the complaint, issues the summons.

(2) Issuance of a Complaint-Warrant (CDR-2). A Complaint-Warrant
(CDR-2) may be issued only if:

(i) a judicial officer finds from the complaint or an accompanying
affidavit or deposition, that there is probable cause to believe that an offense was
committed and that the defendant committed it and notes that finding on the ComplaintWarrant
(CDR-2); and

(ii) a judicial officer finds that subsection (f) of this rule allows a
Complaint-Warrant (CDR-2) rather than a summons to be issued.

(d) Indictable Offenses. Complaints involving indictable offenses are governed
by the Part III Rules, which address mandatory and presumed warrants for certain
indictable offenses in Rule 3:3-1(e), (f).

(e) Offenses Where Issuance of a Summons is Presumed. A summons
rather than a Complaint-Warrant (CDR-2) shall be issued unless issuance of a
Complaint-Warrant (CDR-2) is authorized pursuant to paragraph (f) of this rule.

(f) Grounds for Overcoming the Presumption of Issuance of Summons.
Regarding a defendant charged on matters in which a summons is presumed, when a
law enforcement officer does not issue a summons, but requests, in accordance with
guidelines issued by the Attorney General pursuant to N.J.S.A. 2A:162-16, the issuance
of a Complaint-Warrant (CDR-2), the judicial officer may issue a Complaint-Warrant
(CDR-2) when the judicial officer finds that there is probable cause to believe that the
defendant committed the offense, and the judicial officer has reason to believe, based
on one or more of the following factors, that a Complaint-Warrant (CDR-2) is needed to
reasonably assure a defendant’s appearance in court when required, to protect the
safety of any other person or the community, or to assure that the defendant will not
obstruct or attempt to obstruct the criminal justice process:

(1) the defendant has been served with a summons for any prior
indictable offense and has failed to appear;

(2) there is reason to believe that the defendant is dangerous to self or
will pose a danger to the safety of any other person or the community if released on a
summons;

(3) there is one or more outstanding warrants for the defendant;

(4) the defendant’s identity or address is not known and a warrant is
necessary to subject the defendant to the jurisdiction of the court;

(5) there is reason to believe that the defendant will obstruct or attempt to
obstruct the criminal justice process if released on a summons;

(6) there is reason to believe that the defendant will not appear in
response to a summons;

(7) there is reason to believe that the monitoring of pretrial release
conditions by the pretrial services program established pursuant to N.J.S.A. 2A:162-25
is necessary to protect any victim, witness, other specified person, or the community.
The judicial officer shall consider the results of any available preliminary public
safety assessment using a risk assessment instrument approved by the Administrative
Director of the Courts pursuant to N.J.S.A. 2A:162-25, and shall also consider, when
such information is available, whether within the preceding ten years the defendant as a
juvenile was adjudicated delinquent for a crime involving a firearm, or a crime that if
committed by an adult would be subject to the No Early Release Act (N.J.S.A. 2C:43-
7.2), or an attempt to commit any of the foregoing offenses. The judicial officer shall
also consider any additional relevant information provided by the law enforcement
officer or prosecutor applying for a Complaint-Warrant (CDR-2).

(g) Charges Against Corporations, Partnerships, Unincorporated
Associations. A summons rather than a Complaint-Warrant (CDR-2) shall issue if the
defendant is a corporation, partnership, or unincorporated association.

(h) Failure to Appear After Summons. If a defendant who has been served
with a summons fails to appear on the return date, a bench warrant may issue pursuant
to law and Rule 7:8-9 (Procedures on Failure to Appear). If a corporation, partnership or
unincorporated association has been served with a summons and has failed to appear
on the return date, the court shall proceed as if the entity had appeared and entered a
plea of not guilty.

(i) Additional Complaint-Warrants (CDR-2) or Summonses. More than one
Complaint-Warrant (CDR-2) or summons may issue on the same complaint.

(j) Identification Procedures. If a summons has been issued or a ComplaintWarrant
(CDR-2) executed on a complaint charging either the offense of shoplifting or
prostitution or on a complaint charging any non-indictable offense where the identity of
the person charged is in question, the defendant shall submit to the identification
procedures prescribed by N.J.S.A. 53:1-15. Upon the defendant's refusal to submit to
any required identification procedures, the court may issue a Complaint-Warrant (CDR2).

Note: Source - R. (1969) 7:2, 7:3-1, 3:3-1. Adopted October 6, 1997 to be effective February 1, 1998;
paragraphs (b) and (c) amended July 10, 1998 to be effective September 1, 1998; paragraph (a)(1)
amended July 5, 2000 to be effective September 5, 2000; paragraph (a)(1) amended, new paragraph
(b)(5) added, and former paragraph (b)(5) redesignated as paragraph (b)(6) July 12, 2002 to be effective September 3, 2002; paragraph (a)(1) amended, and paragraph (a)(2) caption and text amended July 28, 2004 to be effective September 1, 2004; paragraph (a)(1) amended and new paragraph (a)(3) adopted July 16, 2009 to be effective September 1, 2009; caption amended, paragraph (a)(1) amended, former paragraph (b) deleted, new paragraphs (b), (c), (d), (e), (f) adopted, former paragraph (c) amended and redesignated as paragraph (g), former paragraph (d) caption and text amended and redesignated as paragraph (h), and former paragraph (e) amended and redesignated as paragraph (i) August 30, 2016 to be effective January 1, 2017; new paragraph (a) caption adopted, new subparagraphs (a)(1) and (a)(2) adopted, former paragraph (a) redesignated as paragraph (b) and caption amended, former subparagraph (a)(1) redesignated as subparagraph (b)(1) and caption and text amended, former subparagraphs (a)(2) and (a)(3) redesignated as subparagraphs (a)(3) and (a)(4), new subparagraphs (b)(2), (b)(3), (b)(4), (b)(5), and (b)(6) adopted, former paragraph (b) redesignated as paragraph (c) and amended, former paragraph (c) redesignated as paragraph (d), former paragraphs (d) and (e) redesignated as paragraphs (e) and (f) and amended, former paragraphs (f) and (g) redesignated as paragraphs (g) and (h), former paragraph (h) redesignated as paragraph (i) and caption amended, former paragraph (i) redesignated as paragraph (j) August 2, 2019 to be effective October 1, 2019, effective date extended to January 1, 2020 pursuant to Court order dated September 25, 2019.

7:2-1. Contents of Complaint, Complaint-Warrant (CDR-2) and Summons

7:2-1. Contents of Complaint, Complaint-Warrant (CDR-2) and Summons

(a) Complaint: General. The complaint shall be a written statement of the
essential facts constituting the offense charged made on a form approved by the
Administrative Director of the Courts. Except as otherwise provided by paragraphs (f)
(Traffic Offenses), (g) (Special Form of Complaint and Summons), and (h) (Use of
Special Form of Complaint and Summons in Penalty Enforcement Proceedings), the
complaining witness shall attest to the facts contained in the complaint by signing a
certification or signing an oath before a judge or other person so authorized by N.J.S.A.
2B:12-21.

If the complaining witness is a law enforcement officer, the complaint may be
signed by an electronic entry secured by a Personal Identification Number (hereinafter
referred to as an electronic signature) on the certification, which shall be equivalent to
and have the same force and effect as an original signature.

(b) Acceptance of Complaint. The municipal court administrator or deputy court
administrator shall accept for filing every complaint made by any person. Acceptance of
the complaint does not mean that a finding of probable cause has been made in
accordance with R. 7:2-2 or that the Complaint-Warrant (CDR-2) or summons has been
issued.

(c) Summons: General. The summons shall be on a Complaint-Summons form
(CDR-1) or other form prescribed by the Administrative Director of the Courts and shall
be signed by the officer issuing it. An electronic signature of any law enforcement officer
or any other person authorized by law to issue a Complaint-Summons shall be
equivalent to and have the same force and effect as an original signature. The
summons shall be directed to the defendant named in the complaint, shall require
defendant's appearance at a stated time and place before the court in which the
complaint is made, and shall inform defendant that an arrest a bench warrant may be
issued for a failure to appear.

(d) Complaint-Warrant (CDR-2)

(1) Complaint-Warrant (CDR-2): General. The arrest warrant for an initial
charge shall be made on a Complaint-Warrant (CDR-2) or other form prescribed by the
Administrative Director of the Courts and shall be signed by a judicial officer after a
determination of probable cause that an offense was committed and that the defendant
committed it. A judicial officer, for purposes of the Part VII rules, is defined as a judge,
authorized municipal court administrator or deputy court administrator. An electronic
signature by the judicial officer shall be equivalent to and have the same force and
effect as an original signature. The warrant shall contain the defendant's name or, if
unknown, any name or description that identifies the defendant with reasonable
certainty. It shall be directed to any officer authorized to execute it.

(2) Complaint-Warrant (CDR-2) - Disorderly Persons Offenses. When a
Complaint-Warrant (CDR-2) is issued and the most serious charge is a disorderly
persons offense, the court shall order that the defendant be arrested and remanded to
the county jail pending a determination of conditions of pretrial release. Complaints in
which the most serious charge is an indictable offense are governed by R. 3:2-1.

(3) Complaint-Warrant (CDR-2) - Petty Disorderly Persons Offense or Any
Other Matter within the Jurisdiction of the Municipal Court. When a Complaint-Warrant
(CDR-2) is issued and the most serious charge is a petty disorderly persons offense or
any other matter within the jurisdiction of the Municipal Court, as set forth in N.J.S.A.
2B:12-17 and R. 7:1, the court shall order that the defendant be arrested and brought
before the court issuing the warrant. The judicial officer issuing a warrant may specify
therein the amount and conditions of bail or release on personal recognizance,
consistent with R. 7:4, required for defendant's release.

(e) Issuance of a Complaint-Warrant (CDR-2) When Law Enforcement
Applicant is Not Physically Before a Judicial Officer. A judicial officer may issue a
Complaint-Warrant (CDR-2) upon sworn oral testimony of a law enforcement applicant
who is not physically present. Such sworn oral testimony may be communicated by the
applicant to the judicial officer by telephone, radio, or other means of electronic
communication.

The judicial officer shall administer the oath to the applicant. After taking the
oath, the applicant must identify himself or herself and read verbatim the ComplaintWarrant
(CDR-2) and any supplemental affidavit that establishes probable cause for the
issuance of a Complaint-Warrant (CDR-2). If the facts necessary to establish probable
cause are contained entirely on the Complaint-Warrant (CDR-2) and/or supplemental
affidavit, the judicial officer need not make a contemporaneous written or electronic
recordation of the facts in support of probable cause. If the law enforcement applicant
provides additional sworn oral testimony in support of probable cause, the judicial officer
shall contemporaneously record such sworn oral testimony by means of a recording
device if available; otherwise, adequate notes summarizing the contents of the law
enforcement applicant's testimony shall be made by the judicial officer. This sworn
testimony shall be deemed to be an affidavit or a supplemental affidavit for the purposes
of issuance of a Complaint-Warrant (CDR-2).

A Complaint-Warrant (CDR-2) may issue if the judicial officer finds that probable
cause exists and that there is also justification for the issuance of a Complaint-Warrant
(CDR-2) pursuant to the factors identified in Rule 7:2-2(c). If a judicial officer does not
find justification for a warrant under Rule 7:2-2(c), the judicial officer shall issue a
summons.

If the judicial officer has determined that a warrant shall issue and has the ability
to promptly access the Judiciary’s computerized system used to generate complaints,
the judicial officer shall electronically issue the Complaint-Warrant (CDR-2) in that
computer system. If the judicial officer has determined that a warrant shall issue and
does not have the ability to promptly access the Judiciary’s computerized system used
to generate complaints, the judicial officer shall direct the applicant to complete the
required certification and activate the complaint pursuant to procedures prescribed by
the Administrative Director of the Courts.

Upon approval of a Complaint-Warrant (CDR-2), the judicial officer shall
memorialize the date, time, defendant’s name, complaint number, the basis for the
probable cause determination, and any other specific terms of the authorization. That
memorialization shall be either by means of a recording device or by adequate notes.
A judicial officer authorized for that court shall verify, as soon as practicable, any
warrant authorized under this subsection and activated by law enforcement. Remand to
the county jail for defendants charged with a disorderly persons offense and a pretrial
release decision are not contingent upon completion of this verification.
Procedures authorizing issuance of restraining orders pursuant to N.J.S.A.
2C:35-5.7 (“Drug Offender Restraining Order Act of 1999”) and N.J.S.A. 2C:14-12
(“Nicole’s Law”) by electronic communications are governed by R. 7:4-1(d).

(f) Traffic Offenses

(1) Form of Complaint and Process. The Administrative Director of the
Courts shall prescribe the form of Uniform Traffic Ticket to serve as the complaint,
summons or other process to be used for all parking and other traffic offenses. On a
complaint and summons for a parking or other non-moving traffic offense, the defendant
need not be named. It shall be sufficient to set forth the license plate number of the
vehicle, and its owner or operator shall be charged with the violation.

(2) Issuance. The complaint may be made and signed by any person, but
the summons shall be signed and issued only by a law enforcement officer or other
person authorized by law to issue a Complaint-Summons, the municipal court judge,
municipal court administrator or deputy court administrator of the court having territorial
jurisdiction. An electronic signature of any law enforcement officer or other person
authorized by law to issue a Complaint-Summons shall be equivalent to and have the
same force and effect as an original signature.

(3) Records and Reports. Each court shall be responsible for all Uniform
Traffic Tickets printed and distributed to law enforcement officers or others in its
territorial jurisdiction, for the proper disposition of Uniform Traffic Tickets, and for the
preparation of such records and reports as the Administrative Director of the Courts
prescribes. The provisions of this subparagraph shall apply to the Chief Administrator of
the Motor Vehicle Commission, the Superintendent of State Police in the Department of
Law and Public Safety, and to the responsible official of any other agency authorized by
the Administrative Director of the Courts to print and distribute the Uniform Traffic Ticket
to its law enforcement personnel.

(g) Special Form of Complaint and Summons. A special form of complaint and
summons for any action, as prescribed by the Administrative Director of the Courts,
shall be used in the manner prescribed in place of any other form of complaint and
process.

(h) Use of Special Form of Complaint and Summons in Penalty
Enforcement Proceedings. The Special Form of Complaint and Summons, as
prescribed by the Administrative Director of the Courts, shall be used for all penalty
enforcement proceedings in the municipal court, including those that may involve the
confiscation and/or forfeiture of chattels. If the Special Form of Complaint and
Summons is made by a governmental body or officer, it may be certified or verified on
information and belief by any person duly authorized to act on its or the State's behalf.

Note: Source – Paragraph (a): R. (1969) 7:2, 7:3-1, 3:2-1; paragraph (b): R. (1969) 7:2, 7:3-1, 7:6-1, 3:2- 2; paragraph (c): R. (1969) 7:2, 7:3-1, 7:6-1, 3:2-3; paragraph (d): R. (1969) 7:6-1; paragraph (e): R. (1969) 4:70-3(a); paragraph (f): new. Adopted October 6, 1997 to be effective February 1, 1998;
paragraph (a) caption added, former paragraph (a) amended and redesignated as paragraph (a)(1),
former paragraph (b) amended and redesignated as paragraph (a)(2), former paragraph (c) redesignated as paragraph (a)(3), former paragraph (d) redesignated as paragraph (b), former paragraph (e) caption and text amended and redesignated as paragraph (c), and former paragraph (f) redesignated as paragraph (d) July 12, 2002 to be effective September 3, 2002; caption for paragraph (a) deleted, former paragraphs (a)(1) and (a)(2) amended and redesignated as paragraphs (a) and (b), former paragraph (a)(3) redesignated as paragraph (c), new paragraph (d) adopted, former paragraph (b) amended and redesignated as paragraph (e), former paragraph (c) deleted, former paragraph (d) amended and redesignated as paragraph (f), and new paragraph (g) adopted July 28, 2004 to be effective September 1, 2004; paragraph (a) amended, new paragraph (b) adopted, former paragraphs (b), (c), (d), and (e) amended and redesignated as paragraphs (c), (d), (e), and (f), former paragraphs (f) and (g) redesignated as paragraphs (g) and (h) July 16, 2009 to be effective September 1, 2009; paragraph (e) caption and text amended July 9, 2013 to be effective September 1, 2013; caption amended, and paragraphs (d) and (e) caption and text amended August 30, 2016 to be effective January 1, 2017; paragraph (d) reallocated as paragraphs (d)(1) and (d)(2), new paragraph (d)(3) added, new paragraph (d) caption added, and paragraph (e) amended November 14, 2016 to be effective January 1, 2017; paragraph (b) amended, subparagraph (d)(3) caption and text amended, and (e) amended August 2, 2019 to be effective October 1, 2019, effective date extended to January 1, 2020 pursuant to Court order dated September 25, 2019.

5:22-5. Remand to the Family Part

5:22-5. Remand to the Family Part

(a) Remand with Consent of Parties. With the consent of the juvenile defendant
and the prosecutor, at any point in the proceedings subsequent to the decision ordering
waiver, the Criminal Division may remand to the Family Part if it appears that:

(1) the interests of the public and the best interests of the juvenile require
access to programs or procedures uniquely available in the Family Part; and

(2) the interests of the public are no longer served by waiver.

(b) Remand for Conviction of Non-Waivable Offense. If a juvenile is not
convicted of an offense set forth in N.J.S.A 2A:4A-26.1(c)(2), a conviction for any other
offense shall be deemed a juvenile adjudication and be remanded to the Family Part for
disposition, in accordance with the dispositional options available to the Family Part and all
records related to the act of delinquency shall be subject to the provisions of section 1 of
P.L. 1982, c.79 (C.2A:4A-60).

Note: Adopted August 1, 2016 to be effective September 1, 2016. 

Rule 5:22-4. Proceedings after Waiver

Rule 5:22-4. Proceedings after Waiver

(a) Procedure. Whenever a juvenile is referred to another court as provided by
R. 5:22-1 or R. 5:22-2, the action shall proceed in the same manner as if it has been
instituted in that court in the first instance, and shall be subject to the sentencing provisions
available to that court.

(b) Custodial Sentence Upon Conviction. Upon conviction for any offense which
is subject to waiver pursuant to N.J.S.A. 2A:4A-26.1(c)(2), there shall be a presumption
that the juvenile shall serve any custodial sentence imposed in a State juvenile facility
operated by the Juvenile Justice Commission until the juvenile reaches the age of 21,
except as provided in N.J.S.A. 2A:4A-26.1(f).

Note: Source -- R.R. (1969) 5:9-5(e). Adopted December 20, 1983, to be effective December 31, 1983; caption amended, text amended and designated as paragraph (a) with caption added, and new paragraph (b) adopted August 1, 2016 to be effective September 1, 2016. 

Rule 5:22-3. Detention hearing after referral

Rule 5:22-3. Detention hearing after referral

When a case is referred to another court as provided by R. 5:22-1 or R. 5:22-2, the
court waiving jurisdiction shall, on hearing, determine pursuant to N.J.S.A. 2A:4A-36
whether detention is necessary. If detention is deemed necessary, there shall be a
presumption that the juvenile shall be detained in a county juvenile detention facility,
unless good cause is shown that it is necessary to detain the juvenile in a county jail or
other county correctional facility in which adults are incarcerated. In no case shall a
juvenile be remanded to an adult detention facility prior to the hearing provided for herein.

Note: Source -- R.R. (1969) 5:9-5(d). Adopted December 20, 1983, to be effective December 31, 1983; caption and text amended November 5, 1986 to be effective January 1, 1987; amended August 1, 2016 to be effective September 1, 2016. 

Rule 5:22-2. Waiver of Jurisdiction and Referral Without Juvenile's Consent

Rule 5:22-2. Waiver of Jurisdiction and Referral Without Juvenile's Consent

(a) Motion for Waiver of Jurisdiction and Referral. A motion seeking waiver of
jurisdiction by the Family Part shall be filed by the prosecutor within 60 days after the
receipt of the complaint, which time may be extended for good cause shown. The motion
shall be accompanied by a written statement of reasons clearly setting forth the facts used
in assessing all factors contained in N.J.S.A. 2A:4A-26.1 et seq., together with an
explanation as to how evaluation of those facts support waiver for each particular juvenile.

(b) Waiver Hearing. At the waiver hearing, the court shall receive the evidence
offered by the State and by the juvenile. No testimony of a juvenile at a hearing to
determine referral by this rule shall be admissible for any purpose in any subsequent
hearing to determine delinquency or guilt of any offense. The court also shall permit crossexamination of any witnesses. The State shall provide proof to satisfy the requirements of
N.J.S.A. 2A:4A-26.1(c)(1) with respect to the age of the juvenile and N.J.S.A. 2A-26.1(c)(2)
with respect to probable cause to believe that the juvenile committed one of the
enumerated delinquent acts. The court also shall review whether the State considered the
factors set forth in N.J.S.A. 2A:4A-26.1(c)(3).

(c) Factors to be Considered. The court may deny a motion by the prosecutor to
waive jurisdiction of a juvenile delinquency case if it is clearly convinced that the
prosecutor abused his or her discretion in considering the factors set forth within N.J.S.A.
2A:4A-26.1(c)(3).

(d) Standards for Referral. The court shall waive jurisdiction of a juvenile
delinquency action without the juvenile's consent and shall refer the action to the
appropriate court and prosecuting authority having jurisdiction pursuant to N.J.S.A.
2A:4A26.1(c).

(e) Order to Waive Jurisdiction and for Referral. An order waiving jurisdiction of
the case and referring the case to the appropriate court and prosecuting authority shall
specify therein the alleged act or acts upon which the referral is based, and all other
delinquent acts charged against the juvenile arising out of or related to the same
transaction.

(f) Filing Complaint Upon Granting of Waiver. Upon the issuance of an order
granting waiver and a detention decision pursuant to N.J.S.A. 2A:4A-36, the waived
juvenile shall, if necessary, be released to law enforcement for the sole purpose of any
post-arrest identification procedures required by N.J.S.A. 53:1-15 or otherwise required by
law, and the prosecutor shall file a complaint with the appropriate court within 12 hours.

Note: Source -- R.R. (1969) 5:9-5(b), (c). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b)(2)(E) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a), (b)(2)(F) and (b)(4) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a) and (b)(2)(D), (E) and (F) amended, paragraph (b)(2)(G) adopted June 28, 1996 to be effective September 1, 1996; paragraphs (b) and (b)(1) amended, former paragraphs (b)(2), (b)(3), and (b)(4) deleted, new paragraphs (b)(2), (b)(3), and (b)(4) added July 10, 2002 to be effective September 3, 2002; paragraphs (b)(2)(B) and (b)(2)(C) amended, new paragraph (b)(2)(D) adopted, paragraph (b)(3) caption amended, paragraphs (b)(3)(B) and (b)(3)(C) amended, new paragraph (b)(3)(D) adopted July 28, 2004 to be effective September 1, 2004; new paragraph (b) added, and former paragraphs (b), (c), (d) redesignated as paragraphs (c), (d), (e) June 15, 2007 to be effective September 1, 2007; caption amended, paragraphs (a) and (b) caption and text amended, new paragraph (c) adopted, former paragraph (c) redesignated as paragraph (d) and text amended, former paragraph (d) redesignated as paragraph (e) and caption and text amended, former paragraph (e) deleted with text relocated to paragraph (b) August 1, 2016 to be effective September 1, 2016; new paragraph (f) adopted July 27, 2018 to be effective September 1, 2018.

Rule 5:21-3. Detention hearings (a) Initial Detention Hearing. If the juvenile has not been released pursuant to R. 5:21-2, an initial hearing to determine whether pretrial detention is required pursuant to the standards of R. 5:21-5 shall be held no later than the morning following the juvenile's placement in custody, including holidays and weekends. Said hearing shall be on oral or written notice to the juvenile and the juvenile's parents or guardian, all of whom shall be present at the hearing. The hearing, however, shall not be adjourned if such notice or process fails to produce the attendance of the parents or guardian. If a complaint has not been filed by the time the initial hearing is held, the juvenile shall be immediately released from custody. If the juvenile is not represented by counsel at the initial hearing and if the court determines that the juvenile should be detained, a second detention hearing shall be held within two court days after the initial hearing at which the juvenile shall be represented by assigned or retained counsel or by the Public Defender as the circumstances require. (b) Probable Cause Hearing. If the juvenile is detained following the initial detention hearing, the court shall conduct a probable cause hearing within two court days after the initial hearing. Where a second detention hearing is required by paragraph (a), it shall be held with the probable cause hearing. If the court determines that there is no probable cause to believe that the juvenile has committed the conduct alleged in the complaint, the juvenile shall be forthwith released. If probable cause is found, detention review hearings shall be conducted as provided in paragraph (c). (c) Detention Review Hearing. If the court determines that the juvenile should continue to be detained, a detention review hearing shall be held within 14 court days after the prior detention hearing. If detention is again continued, review hearings shall be held thereafter at intervals not to exceed 21 court days. The juvenile shall be represented by counsel at all such hearings. (d) Findings. Whenever the court places a juvenile in detention, it shall state the reasons therefor on the record, giving consideration to the following factors among others: (1) The nature and circumstances of the offense charged; (2) The age of the juvenile; (3) The juvenile's ties to the community; (4) The juvenile's record of prior adjudications, if any; and (5) The juvenile's record of appearance or non-appearance at previous court proceedings. (e) Credit for Time Served. A juvenile shall receive credit on the term of a custodial sentence for any time served in detention or court-ordered shelter care between apprehension and disposition. Note: Source-R. (1969) 5:8-2(c) and (d); R. (1969) 5:8-6(d). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (e) adopted November 1, 1985 to be effective January 2, 1986; paragraph (b) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a) and (e) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended August 1, 2016 to be effective September 1, 2016.

Rule 5:21-3. Detention hearings

(a) Initial Detention Hearing. If the juvenile has not been released pursuant to
R. 5:21-2, an initial hearing to determine whether pretrial detention is required pursuant
to the standards of R. 5:21-5 shall be held no later than the morning following the
juvenile's placement in custody, including holidays and weekends. Said hearing shall be
on oral or written notice to the juvenile and the juvenile's parents or guardian, all of
whom shall be present at the hearing. The hearing, however, shall not be adjourned if
such notice or process fails to produce the attendance of the parents or guardian. If a
complaint has not been filed by the time the initial hearing is held, the juvenile shall be
immediately released from custody. If the juvenile is not represented by counsel at the
initial hearing and if the court determines that the juvenile should be detained, a second
detention hearing shall be held within two court days after the initial hearing at which the
juvenile shall be represented by assigned or retained counsel or by the Public Defender
as the circumstances require.

(b) Probable Cause Hearing. If the juvenile is detained following the initial
detention hearing, the court shall conduct a probable cause hearing within two court
days after the initial hearing. Where a second detention hearing is required by
paragraph (a), it shall be held with the probable cause hearing. If the court determines
that there is no probable cause to believe that the juvenile has committed the conduct
alleged in the complaint, the juvenile shall be forthwith released. If probable cause is
found, detention review hearings shall be conducted as provided in paragraph (c).

(c) Detention Review Hearing. If the court determines that the juvenile should
continue to be detained, a detention review hearing shall be held within 14 court days
after the prior detention hearing. If detention is again continued, review hearings shall
be held thereafter at intervals not to exceed 21 court days. The juvenile shall be
represented by counsel at all such hearings.

(d) Findings. Whenever the court places a juvenile in detention, it shall state the
reasons therefor on the record, giving consideration to the following factors among
others:

(1) The nature and circumstances of the offense charged;

(2) The age of the juvenile;

(3) The juvenile's ties to the community;

(4) The juvenile's record of prior adjudications, if any; and

(5) The juvenile's record of appearance or non-appearance at previous
court proceedings.

(e) Credit for Time Served. A juvenile shall receive credit on the term of a
custodial sentence for any time served in detention or court-ordered shelter care
between apprehension and disposition.

Note: Source-R. (1969) 5:8-2(c) and (d); R. (1969) 5:8-6(d). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (e) adopted November 1, 1985 to be effective January 2, 1986; paragraph (b) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a) and (e)
amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended August 1, 2016 to be effective September 1, 2016.

Rule 5:19-4. Use of Restraints on a Juvenile

Rule 5:19-4. Use of Restraints on a Juvenile

(a) Instruments of restraint, such as handcuffs, chains, irons, or
straitjackets, cloth and leather restraints, and other similar items, shall not be used
on a juvenile during a court proceeding and must be removed prior to the juvenile's
entry into the courtroom. Instruments of restraint may be used if, on application to or
by the court, the court finds that:

(1) The use of restraints is necessary due to one of the following
factors:

(A) Instruments of restraint are necessary to prevent physical harm to
the juvenile or another person; or

(B) The juvenile presents a substantial risk of flight from the
courtroom; and

(2) There are no less restrictive alternatives to restraints that will
prevent flight or physical harm to the juvenile or another person, including, but not
limited to, the presence of court personnel, law enforcement officers, or bailiffs.

(b) In making the determination that instruments of restraint are necessary,
the factors that can be considered are:

(1) any past escapes or attempted escapes by the juvenile;

(2) evidence of a present plan of escape involving the juvenile;

(3) any credible threats by the juvenile to harm him or herself or others
during court;

(4) evidence of self-injurious behavior on the part of the juvenile;

(5) any recent history of disruptive courtroom behavior that has placed
others in potentially harmful situations or presents a substantial risk of inflicting
physical harm on the juvenile or others;

(6) any other factors the court deems relevant to assess present risk
in the court proceeding.

(c) The court shall provide the juvenile’s attorney and the prosecutor an
opportunity to be heard before the court orders the use of restraints. If restraints are
ordered, the court shall make findings of fact on the record in support of the order.

(d) If restraints are deemed necessary, the least restrictive restraints shall
be used. Any restraints shall allow the juvenile limited movement of the hands to
read and handle documents and writings necessary to the hearing. Under no
circumstances should a juvenile be restrained to a stationary object or another
person.

Note: Adopted November 1, 2016 to be effective January 1, 2017.