- 1:15-1-Limitation on Practice of Attorneys Serving as Judges and Surrogates 1:15-1, Full Time Judges, . An attorney who is a judge required by law to devote full time to judicial duties shall not practice law. , Judges of Municipal Courts, . An attorney who is a judge or acting judge of a municipal court shall not practice in any criminal, quasi-criminal or penal matter, whether judicial or administrative in nature, except to perform the official duties of a municipal attorney of another municipality. Nor shall a municipal court judge act as attorney for the municipality or any of the municipalities served by that court or as attorney for any agency or officer thereof; nor practice before the governing body or any agency or officer thereof; nor be associated in the practice of law, either as "of counsel" to or as partner, employer, employee or agent of, or office associate, with an attorney who is a member of such governing body. An attorney who is a judge of a municipal court shall be subject to the terms of that section of the New Jersey Conflicts of Interest Law which restricts involvement with specific casino and cannabis industry activities (N.J.S.A. 52:13D-17.2)., Surrogates, . An attorney who is a surrogate or deputy surrogate in any county, or who is in the employ of any such official, shall not practice law in any estate or trust matter, including the preparation of wills, trust documents, or any other probate documents, in or out of court. Furthermore, a surrogate or deputy surrogate shall not practice law in any criminal, quasi-criminal or penal matter, whether judicial or administrative in nature, in that county, nor in the Superior Court, Chancery Division, Probate Part in any county., Note, : Source-R.R. 1:26-1(a)(b)(c)(d)(e)(f), 8:13-7(b). Paragraph (d) amended November 22, 1978 to be effective December 7, 1978; paragraph (c) amended July 16, 1981 to be effective September 14, 1981, except that, as to part-time municipal court judges outside of Atlantic City, the last sentence shall be effective December 26, 1981; paragraph (d) amended February 17, 1983 to be effective immediately; former paragraph (b) deleted and former paragraphs (c) and (d) redesignated to paragraphs (b) and (c) July 26, 1984 to be effective September 10, 1984; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (c) amended July 12, 2002 to be effective September 3, 2002; paragraph (c) amended July 9, 2008 to be effective September 1, 2008; paragraph (b) amended July 24, 2023 to be effective August 1, 2023. Part 1
- 1:15-4-Limitations Extended to Partners, etc.; Municipal Court Judges; Municipal Prosecutors 1:15-4, General Application., Subject to paragraphs (b) and (c), whenever R. 1:15 imposes limitations on the practice of law by an attorney, such limitations shall also extend to the attorney's partners, employers, employees, office associates, shareholders in a professional corporation or members in a limited liability entity in which the attorney practices. The limitations imposed by R. 1:15 on attorneys shall not preclude assignments of partners, employers, employees, office associates or shareholders by a court for the representation of indigents. , Municipal Court Judges., As applied to partners, employers, employees, office associates, shareholders, and members, the limitations imposed on the practice of law by judges of municipal courts by R. 1:15-1(b) shall extend only to the county in which the court of the judge or acting judge is located. Except for full-time municipal court judges and all judges appointed to the municipal court of the City of Atlantic City, this rule shall not apply to the two-year post-employment restrictions on casino industry related activities referred to in N.J.S.A. 52:13D-17.2(c) and imposed on municipal court judges by R. 1:15-1(b). , Municipal Prosecutors., As applied to partners, employers, employees, office associates, shareholders, and members, the limitations imposed on the practice of law by municipal prosecutors by R. 1:15-3(b) shall extend only to matters that have occurred in the municipality in which the prosecutor serves and any matters that involve law enforcement personnel or other material witnesses from that municipality. Note: Source-R.R. 1:26-4; amended July 16, 1981 to be effective September 14, 1981; amended November 1, 1985 to be effective January 2, 1986; amended July 13, 1994 to be effective September 1, 1994; amended July 10, 1998 to be effective September 1, 1998; caption amended, text amended and redesignated as paragraphs (a) and (b), and new paragraph (c) added November 17, 2003 to be effective January 1, 2004. Part 1
- 1:15-3-Limitations on Practice of Other Attorneys 1:15-3, Sheriffs and County Prosecutors., An attorney who is a sheriff or county prosecutor, or is in the employ or service of such an official, shall not practice on behalf of any defendant in any criminal, quasi-criminal or penal matter, whether judicial or administrative in nature. Nor shall an attorney who is a sheriff of any county or in the sheriff's employ practice in any court in that county. , Municipal Attorneys and Members of Governing Bodies., A municipal attorney of any municipality shall not represent any defendant in the municipal court thereof, except to perform official duties, but may represent a defendant in a joint municipal court if the defendant resides and the offense was allegedly committed in a municipality for which the attorney is not the municipal attorney. A municipal prosecutor shall not represent a defendant in any other municipal court in that county or in a criminal proceeding in the Superior Court in that county but may represent a defendant in a municipal court or in a criminal proceeding in the Superior Court in a county other than the one in which he or she serves as a municipal prosecutor. An attorney who is a member of the governing body of a municipality shall not practice in the municipal court of that municipality. For purposes of this rule, a municipal public defender shall not be deemed a municipal attorney. , Other Attorneys Representing Public Bodies., Paragraphs (a) and (b) of the rule shall not be deemed to exhaust the limitations on practice necessitated by a conflict of interest on the part of an attorney representing a public body, agency or officer. Note: Source-R.R. 1:26-3(a)(b)(c)(d); paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended January 19, 2000 to be effective immediately; paragraph (b) amended July 5, 2000 to be effective September 5, 2000. Part 1
- 1:14-Code of Ethics 1:14 The Rules of Professional Conduct and the Code of Judicial Conduct of the American Bar Association, as amended and supplemented by the Supreme Court and included as an Appendix to Part I of these Rules, and the Code of Conduct for Judiciary Employees, also included as an Appendix to Part I of these Rules, shall govern the conduct of the members of the bar and the judges and employees of all courts of this State. When appropriate, the words "partnership," "attorney," and "lawyer" shall be construed to include professional corporations and limited liability entities for the practice of law, as well as attorney employees, agents, shareholders and members thereof, and attorneys acting as "of counsel" thereto. The Code of Professional Conduct for Interpreters, Transliterators, and Translators, also included as an Appendix to Part I of these Rules, shall govern the conduct of persons who are employed by or under contract to the Judiciary to interpret, transliterate, or translate. Note: Source-R.R. 1:25. Canons of Professional Ethics of the American Bar Association deleted July 7, 1971 and the Code of Professional Responsibility, as amended and supplemented, adopted July 7, 1971 to be effective September 13, 1971; amended November 27, 1974 to be effective April 1, 1975, amended July 16, 1981 to be effective September 14, 1981; Disciplinary Rules of the Code of Professional Responsibility deleted and Rules of Professional Conduct, as amended and supplemented, adopted July 12, 1984, to be effective September 10, 1984; amended December 7, 1993, to be effective immediately; amended October 24, 1994 to be effective December 1, 1994; amended July 10, 1998 to be effective September 1, 1998. Part 1
- 1:15-2-Limitations on Practice of Attorneys Serving as Clerks and Employees of Courts and Judges 1:15-2 An attorney who is a clerk or deputy clerk of any court, other than a surrogate or deputy surrogate, or who is, or is in the employ of or regularly assigned to a court, judge, or court clerk, shall not practice in any court, but the limitation so imposed upon him shall not be greater than the limitation on the practice of the judge of such court. An attorney who is, or is regularly assigned to, a jury commissioner, grand jury or probation department shall not practice in any court in that county. Note: Source-R.R. 1:26-2. As to a surrogate or deputy surrogate, see R. 1:15-1(d). Part 1
- 1:13-2-Proceedings by Indigents 1:13-2, Waiver of Fees., Except when otherwise specifically provided by these rules, whenever any person by reason of poverty seeks relief from the payment of any fees provided for by law which are payable to any court or clerk of court including the office of the surrogate or any public officer of this State, any court upon the verified application of such person, which application may be filed without fee, may in its discretion order the payment of such fees waived. In any case in which a person is represented by a legal services or public interest organization or law school clinical or pro bono program approved under R. 1:21-11(b)(2), private counsel representing indigents in cooperation with any of the preceding entities, the Office of the Public Defender, or counsel assigned in accordance with these rules, all such fees and any charges of public officers of this State for service of process shall be waived without the necessity of a court order. , Compensation of Attorneys., Except as provided by any order of the court, no attorney assigned to represent a person by reason of poverty shall take or agree to take or seek to obtain from the client, payment of any fee, profit or reward for the conduct of such proceedings for office or other expenses; but no attorney shall be required to expend any personal funds in the prosecution of the cause. Note: Source-R.R. 1:27E, 4:98-2(c). Paragraph (a) amended and paragraph (b) adopted July 7, 1971 to be effective September 13, 1971; paragraph (a) amended July 29, 1977 to be effective September 6, 1977; amended May 3, 1982 to be effective immediately; paragraph (a) amended July 22, 1983 to be effective September 12, 1983; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 22, 2014 to be effective January 1, 2015. Part 1
- 1:15-5-Application of Rule 1:15-5 Limitations under R. 1:15 upon the practice in criminal, quasi-criminal or penal matters, whether judicial or administrative in nature, shall extend to proceedings before courts and agencies or officers established under the laws of the United States, but in all other respects R. 1:15 shall not apply to such courts and agencies. The term "office associates" as used in R. 1:15 includes attorneys who share common office facilities. Part 1
- 1:13-7-Dismissal of Civil Cases for Lack of Prosecution 1:13-7 Except in receivership and liquidation proceedings and in condemnation and foreclosure actions governed by R. 4:64-8 and except as otherwise provided by rule or court order, whenever an action has been pending for four months or, if a general equity action, for two months, without a required proceeding having been taken therein as hereafter defined in subsection (b), the court shall issue written notice to the plaintiff advising that the action as to any or all defendants will be dismissed without prejudice 60 days following the date of the notice or 30 days thereafter in general equity cases unless, within said period, action specified in subsection (c) is taken. If no such action is taken, the court shall enter an order of dismissal without prejudice as to any named defendant and shall furnish the plaintiff with a copy thereof. After dismissal, reinstatement of an action against a single defendant may be permitted on submission of a consent order vacating the dismissal and allowing the dismissed defendant to file an answer, provided the proposed consent order is accompanied by the answer for filing, a case information statement, and the requisite fee. If a defendant has been properly served but declines to execute a consent order, plaintiff shall move on good cause shown for vacation of the dismissal. In multi-defendant actions in which at least one defendant has been properly served, the consent order shall be submitted within 60 days of the order of dismissal, and if not so submitted, a motion for reinstatement shall be required. The motion shall be granted on good cause shown if filed within 90 days of the order of dismissal, and thereafter shall be granted only on a showing of exceptional circumstances. In multidefendant actions, if an order of dismissal pursuant to this rule is vacated and an answering pleading is filed by the restored defendant during or after the discovery period, the restored defendant shall be considered an added party, and discovery shall be extended pursuant to Rule 4:24-1(b). Nothing in this rule precludes the court with respect to a particular defendant from imposing reasonable additional or different procedures to facilitate the timely occurrence of the next required proceeding to be taken in the case with respect to that defendant. The following events constitute required proceedings that must be timely taken to avoid the issuance by the court of a written notice of dismissal as set forth in subsection (a): proof of service or acknowledgment of service filed with the court; or filing of answer; or entry of default; or entry of default judgment. However, in any case involving multiple defendants in which at least one defendant has answered, no defaulted defendant will be noticed for dismissal due to the plaintiff’s failure to timely convert a default into a default judgment as required by R. 4:43-2. In the event the answer of any defendant is suppressed under R. 4:23-5(a) or otherwise and the plaintiff takes no further action, the court will place the defendant on the dismissal list 120 days from the date of the order of suppression. No defendant will be automatically noticed for dismissal if a motion has been filed by or with respect to that defendant during the four-month period, unless the court in a particular case directs otherwise. The order of dismissal required by paragraph (a) shall not be entered if, during the period following the notice of dismissal as therein prescribed, one of the following actions is taken: a proof of service or acknowledgment of service is filed, if the required action not timely taken was failure to file proof of service or acknowledgment of service with the court; an answer is filed or a default is requested, if the required action not timely taken was failure to answer or enter default; a default judgment is obtained, if the required action not timely taken was failure to convert a default request into a default judgment; a motion is filed by or with respect to a defendant noticed for dismissal. If a motion to remove the defendant from the dismissal list is denied, the defendant will be dismissed without further notice. , Special Civil Part., If original process in an action filed in the Special Civil Part has not been served within 60 days after the date of the filing of the complaint, the clerk of the court shall dismiss the action as to any unserved defendant and notify plaintiff that it has been marked "dismissed subject to automatic reinstatement within one year as to the non-answering defendant or defendants." The action shall be reinstated without motion or further order of the court if the complaint and summons are served within one year from the date of the dismissal. A case dismissed pursuant to this rule may be restored after one year only by order upon application, which may be made ex parte, and a showing of good cause for the delay in making service and due diligence in attempting to serve the summons and complaint. A new summons and the re-service fee shall be included with the documents submitted to support the application. The entry of such an order shall not prejudice any right the defendant has to raise a statute of limitations defense in the restored action. Note: Source — R.R. 1:30-3(a) (b) (c) (d), 1:30-4. Amended July 7, 1971 to be effective September 13, 1971; former rule redesignated as paragraph (a) and paragraph (b) adopted July 15, 1982 to be effective September 13, 1982; paragraph (b) amended November 5, 1986 to be effective January 1, 1987; paragraph (a) amended June 28, 1996 to be effective September 1, 1996; caption and paragraph (a) amended July 5, 2000 to be effective September 5, 2000; paragraphs (a) and (b) amended July 12, 2002 to be effective September 3, 2002; paragraph (a) amended, former paragraph (b) deleted, and new paragraphs (b), (c), and (d) adopted July 28, 2004 to be effective September 1, 2004; paragraph (a) amended July 9, 2008 to be effective September 1, 2008; paragraph (c) amended July 23, 2010 to be effective September 1, 2010; paragraph (d) amended July 19, 2012 to be effective September 4, 2012; paragraph (d) amended July 27, 2018 to be effective September 1, 2018. Part 1
- 1:12-3-Proceedings in the Trial Courts in the Event of Disqualification or Inability 1:12-3, Before or After Trial; Designation., In the event of the disqualification or inability for any reason of a judge to hear any pending matter before or after trial, another judge of the court in which the matter is pending or a judge temporarily assigned to hear the matter shall be designated by the Chief Justice or by the Assignment Judge of the county where the matter is pending except that in the municipal court the Assignment Judge shall designate the acting judge and in the Tax Court the Chief Justice or the Presiding Judge of the Tax Court shall designate another Tax Court judge. , During Trial., If a judge is prevented during a trial from continuing to preside therein, another judge may be designated to complete the trial as if having presided from its commencement, provided, however, that the substituted judge is able to become familiar with the proceedings and all of the testimony therein through a complete transcript thereof. , Disposition in the Interest of Justice., No substituted judge shall continue the trial in any matter pursuant to this rule unless satisfied, under the circumstances, that the judicial duties can fairly be discharged. If not so satisfied, the substituted judge shall make such disposition as the circumstances warrant, as where trial has taken place, by ordering a new trial or, in a case tried without a jury, by directing the recall of any witness. Note: Source-R.R. 3:7-4(a), (b), (c), 4:65, 6:2-1(b), 8:7-9, 8:13-2; paragraph (a) amended November 27, 1974 to be effective April 1, 1975; paragraph (a) amended June 20, 1979 to be effective July 1, 1979; paragraphs (b) and (c) amended July 13, 1994 to be effective September 1, 1994. Part 1
- 1:16-1-Interviewing Jurors Subsequent to Trial 1:16-1 Except by leave of court granted on good cause shown, no attorney or party shall directly, or through any investigator or other person acting for the attorney, interview, examine, or question any grand or petit juror with respect to any matter relating to the case. Note: Source-R.R. 1:25A. Amended July 16, 1979 to be effective September 10, 1979; amended December 7, 1993, to be effective immediately. Part 1
- Alfieri v. Frank MRS-L-1947-22 Trial July 7, 2025
- mrs-l-1947-22c.pdf
- 1:17-1-Persons Prohibited 1:17-1 The following persons in or serving the judicial branch of government shall not hold any elective public office nor be a candidate therefor, nor engage in partisan political activity: Judges; The Administrative Director of the Courts, the Clerk of the Supreme Court, the Clerk of the Appellate Division of the Superior Court, the Clerk of the Superior Court, the Administrator of the Tax Court, and all employees of their respective offices, and official court reporters; Probation officers and all employees of county probation divisions; Clerks to grand juries, assistants to clerks of grand juries, and all employees regularly assigned to attend or serve grand or petit juries; Law secretaries, administrative assistants to judges, stenographers, sergeants-at-arms, assignment clerks, courtroom clerks, court attendants, court aides, court interpreters, sound recording operators, and all public employees regularly assigned to a judge or court, except those employees of county sheriffs who provide only security services; Surrogates, except such political activity as is permitted under the Code of Conduct for Judiciary Employees, included as an Appendix to Part I of these Rules. A person elected to the office of Surrogate shall, prior to taking the oath of office, resign from any other public office, position or employment, elected or appointed, held by such person; Deputy surrogates and all persons employed by or regularly assigned to a surrogate's office; Directors, administrators, deputy administrators, violations clerks, and all persons employed by or regularly assigned to a municipal court. Note: Source -- R.R. 1:25C(a); paragraph (b) amended November 27, 1974 to be effective April 1, 1975; paragraph (b) amended July 15, 1982 to be effective September 13, 1982; paragraph (g) amended June 15, 1983 to be effective immediately; paragraph (i) amended July 26, 1984 to be effective September 10, 1984; paragraph (g) amended June 29, 1990 to be effective September 4, 1990; caption amended, paragraphs (b) and (c) amended, paragraph (d) deleted, former paragraph (e) redesignated paragraph (d), former paragraph (f) amended and redesignated paragraph (e), former paragraph (g) amended and redesignated paragraph (f), former paragraph (h) redesignated paragraph (g), and former paragraph (i) amended and redesignated paragraph (h) December 7, 1993, to be effective immediately; paragraph (b) amended July 28, 2004 to be effective September 1, 2004. Part 1
- MRS-L-1947-22 - Alfieri v. Frank, Business Opinion Category, Complex Business Litigation Program, Decided Date, July 1, 2025, Business Opinion Issue Types, Breach of Duty of Loyalty Breach of Fiduciary Duty Covenant of Good Faith and Fair Dealing Shareholder Issues, Publication Status, Unpublished, Judge, DeAngelis, P.J.Ch., Referenced Opinion ID, MRS-L-1947-22
- 1:16-2-Prohibition as to Gratuities 1:16-2 No attorney or party shall give either directly or indirectly any gratuity or gift to any employee of any court, or of any officer serving a court, or of any other governmental agency or officer, when such attorney has had or is likely to have any professional or official transaction with such court, office or agency; nor shall an employee of any court, or of any office serving a court, accept any gratuity, gift, loan, discount, favor, hospitality, or service either directly or indirectly from any attorney or other person who has had or is likely to have any professional or official transaction with the employee or with the employee's court or office. Note: Source-R.R. 1:34(a)(b). Amended December 7, 1993, to be effective immediately. Part 1
- 1:17-5-Ineligibility of Judicial Employees for Appointments 1:17-5 No person in or serving the judicial branch of government full time including any person in the employ of a surrogate shall be eligible for appointment as or serve as an appraiser, receiver, commissioner, guardian ad litem, administrator, or other appointment for which a fee may be allowed in any matter pending in any court unless he or she agrees in advance to waive such fee. The foregoing applies to situations in which the appointment is made by a court. It shall not apply when an employee may be named outside of court to serve for a fee in one of the enumerated capacities, e.g., an employee named in a will to execute a decedent's estate, in which event the employee may accept an executor's commission. See Canon 5.B.7. of the Code of Conduct for Judiciary Employees, included as an Appendix to Part I of these Rules. Note: Source-R.R. 5:5-4. Rule 1:17-5, formerly Rule 1:17-3, former text amended and designated as paragraph (a) and paragraph (b) adopted December 7, 1993, to be effective immediately. Part 1
- 1:17A-1-Appointment and Organization 1:17A-1 The Supreme Court shall appoint an Advisory Committee on Outside Activities of Judiciary Employees consisting of at least 16 members serving for terms of two years with the terms of approximately one half of the members expiring each year. No member who has served five full two-year terms shall be eligible for immediate reappointment. The Committee shall include at least six judges (at least one from the Appellate Division), one Surrogate, four judiciary employees, two practicing attorneys, and three public members. A vacancy occurring during a term shall be filled for the unexpired portion thereof. The Court shall annually designate a member of the Committee to serve as Chairperson and another member to serve as Vice Chairperson. The Administrative Director of the Courts or designee shall serve as secretary of the Committee. Note: Adopted December 7, 1993, to be effective immediately; amended December 6, 2005 to be effective immediately. Part 1
- 1:17A-5-Depositions of Inquiries 1:17A-5 Except as may otherwise be determined by the Committee in the case of routine inquiries that require a response before the Committee can act, no decision or advisory opinion shall be given or made by the Committee unless concurred in by a majority thereof. The Committee shall render its decision or advisory opinion within 30 days of its receipt of the written inquiry. In every matter the secretary shall convey the Committee's response in writing to the person making the inquiry. When the Committee determines, in its discretion, that a determination is of statewide importance, it may in addition file a formal opinion and make suitable arrangements for its publication. Formal opinions shall not, insofar as practicable, identify the employee making the inquiry. Note: Adopted December 7, 1993, to be effective immediately. Part 1