- 3:1-4-Orders; Form; Entry 3:1-4, Time., Except for judgments to be prepared by the court and entered pursuant to R. 3:21-5, pretrial detention orders entered pursuant to R. 3:4A, pretrial release orders and release revocation orders entered pursuant to R. 3:26-2, and any other orders created in the Judiciary’s computerized systems, formal written orders shall be presented to the court in accordance with R. 4:42-1(e) except that only the original of the signed order shall be filed. The court may also issue and transmit to the Department of Corrections electronic Orders to Produce inmates, with those orders or writs containing an electronically affixed signature of a Superior Court judge. Such orders shall have the same authority as orders that contain a judge's original signature. , Settlement by Motion or Consent., Except as otherwise provided by paragraph (c) of this rule, by other rule or by law, and except for ex parte matters and for judgments entered pursuant to R. 3:21-5, no judgment or order shall be signed by the court unless the form thereof has been settled on motion on notice to all parties affected thereby or unless the written approval of such attorneys or parties to the form thereof is endorsed thereon. , Settlement on Notice., In lieu of settlement by motion or consent, the party proposing the form of judgment or order may forward the original thereof to the judge who heard the matter and shall serve a copy thereof on every other party not in default together with a notice that unless the judge and the proponent of the judgment or order are notified in writing of specific objections thereto within 5 days after such service, the judgment or order may be signed in the judge's discretion. If no such objection is timely made, the judge may forthwith sign the judgment or order. If objection is made, the matter may be listed for hearing in the discretion of the court. Note: Adopted July 29, 1977 to be effective September 6, 1977. Paragraph (c) amended July 24, 1978 to be effective September 11, 1978; paragraph (a) amended July 16, 1981 to be effective September 14, 1981; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraph (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 28, 2004 to be effective September 1, 2004; paragraph (a) amended August 30, 2016 to be effective January 1, 2017; paragraph (a) amended July 30, 2021 to be effective September 1, 2021. Part 3
- 3:1-5-Indictable Offenses in the Superior Court; Transfer 3:1-5, Generally., All indictable offenses shall be prosecuted in the Superior Court, Law Division, except that an action brought pursuant to N.J.S. 2C:24-5 (Willful Nonsupport) shall be prosecuted in the Superior Court, Chancery Division, Family Part. , Transfer From Family Part to Law Division., An action initially prosecuted in the Family Part pursuant to paragraph (a) of this rule shall be transferred to the Law Division for trial if the defendant is entitled to and demands trial by jury. , Transfer From Law Division to Family Part., Upon defendant's waiver of trial by jury pursuant to R. 1:8-1 and upon the written consent of the defendant and prosecutor, the Assignment Judge may, on motion of any party, transfer any indictable offense pending in the Superior Court to the Family Part for trial and disposition provided that the gravamen of the offense charged arises out of a family or a family type relationship between the defendant and the victim. Note: Former rule redesignated as R. 3:1-6(a) December 20, 1983, to be effective December 21, 1983. Source-new; paragraph (a) amended July 14, 1992 to be effective September 1, 1992. Part 3
- 3:2-1-Contents of Complaint; Citizen Complaints for Indictable Offenses; Forwarding of Indictable Complaints to Prosecutor and Criminal Division Manager; Forwarding of Investigative Reports to Prosecutor 3:2-1, 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. All complaints except complaints for traffic offenses, as defined in R. 7:2-1 where made on Uniform Traffic Tickets and complaints for non-indictable offenses made on the Special Form of Complaint and Summons, shall be by certification or on oath before a judge or other person authorized by N.J.S.A.2B:12-21 to take complaints. The clerk or deputy clerk, municipal court administrator or deputy court administrator shall accept for filing any 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. 3:3-1 or that the Complaint-Warrant (CDR-2) or Complaint-Summons (CDR-1) has been issued. , Issuance of a Citizen Complaint Charging Indictable Offenses., A Complaint-Warrant (CDR-2) or a Complaint-Summons (CDR-1) charging any indictable offense made by a private citizen may be issued only by a judge. , 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 or Complaint-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 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 or a Complaint-Summons in accordance with R. 3:3-1 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 paragraph (a)(4) of this rule 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 and whether to issue a Complaint-Warrant or Complaint-Summons pursuant to R. 3:3-1. , Period of Time for County Prosecutor Review of Citizen Complaints Charging Indictable Offenses., The county prosecutor shall review citizen complaints charging indictable offenses 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. , Forwarding of Indictable Complaints to Prosecutor and Criminal Division Manager., Where a Complaint-Summons (CDR-1) or Complaint-Warrant (CDR-2) alleges an indictable offense, the complaint shall be forwarded through the Judiciary’s computerized system used to generate complaints to the prosecutor and the criminal division manager’s office immediately upon issuance. When the Judiciary’s computerized system used to generate complaints is not available, complaints shall be forwarded pursuant to procedures prescribed by the Administrative Director of the Courts. , Forwarding of Investigative Reports to Prosecutor., For a Complaint-Summons (CDR-1), all available investigative reports shall be forwarded by law enforcement to the prosecutor within 48 hours. For a Complaint-Warrant (CDR-2), all available investigative reports shall be forwarded by law enforcement to the prosecutor immediately upon issuance of the complaint. Note: Source--R.R. 3:2-1(a) (b); amended July 26, 1984 to be effective September 10, 1984; main caption amended, caption added, former text amended and redesignated paragraph 3:2-1(a), paragraph (b) adopted July 13, 1994 to be effective January 1, 1995; paragraph (a) amended January 5, 1998 to be effective February 1, 1998; caption amended, paragraph (b) amended, and new paragraph (c) adopted August 30, 2016 to be effective January 1, 2017; caption amended, paragraph (a) amended and redesignated as subparagraph (a)(1) with caption added, new subparagraphs (a)(2), (a)(3), and (a)(4) adopted August 2, 2019 to be effective January 1, 2020. Part 3
- 2:11-4-Attorney’s Fees on Appeal 2:11-4 An application for a fee for legal services rendered on appeal shall be made by motion supported by affidavits as prescribed by R. 4:42-9(b) and (c). Except as provided in paragraph (b), a fee application shall be served and filed within 10 days after the determination of the appeal. Although a movant should append statements or invoices sent to the client as supportive of the claim for fees, the supporting affidavit must also list in detail the services rendered, the dates the services were rendered, and the type of service rendered on that date. The application shall also state the amount of fees previously paid to or received by the attorney(s) for legal services both in the trial and appellate courts or otherwise, including any amount received by way of pendente lite allowances, and what arrangements, if any, have been made for the payment of a fee in the future. Fees may be allowed by the appellate court in its discretion: In all actions in which an award of counsel fee is permitted by R. 4:42-9(a), except appeals arising out of mortgage or tax certificate foreclosures; In a worker's compensation proceeding. Where the determination of the Supreme Court reverses a denial of compensation in the Appellate Division, the Supreme Court shall determine the fees for services rendered in both appellate courts; or As a sanction for violation by the opposing party of the rules for prosecution of appeals. Where the disposition on appeal results in a remand for further proceedings in the trial court or administrative agency, and when the award of counsel fees abides the event, a party who may be eligible for attorney's fees on appeal after prevailing on the merits upon remand shall request any attorney's fees sought for the appeal after completion of the remand. The request shall be made by motion filed with the trial court or, if applicable, the administrative agency that is serving solely as the forum and that has the authority to award counsel fees against litigants appearing in that forum, upon disposition of the matter on remand. The motion shall be filed no later than 30 days after the completion of the remand proceedings or, if a motion for reconsideration is filed, 10 days after a ruling on the motion for reconsideration. Note: Source – R.R. 1:9-3, 2:9-3, 1:12-9(f), 4:55-7(a)(b)(e), 5:2-5(f). Paragraph (d) amended July 14, 1972 to be effective September 5, 1972; text amended and paragraph (g) and (h) adopted July 29, 1977 to be effective September 6, 1977; paragraphs (a) (b) (c) (e) (g) and (h) deleted, new paragraph (a) adopted, former paragraph (d) redesignated (b) and former paragraph (f) redesignated paragraph (c) November 1, 1985 to be effective January 2, 1986; introductory paragraph amended July 13, 1994 to be effective September 1, 1994; final paragraph added June 28, 1996 to be effective September 1, 1996; final paragraph amended July 27, 2918 to be effective September 1, 2018; introductory paragraph amended August 5, 2022 to be effective September 1, 2022; first paragraph amended and designated as paragraph (a), former paragraphs (a), (b), and (c) amended and redesignated as subparagraphs (a)(l), (a)(2) and (a)(3), final paragraph deleted, and new paragraph (b) added July 15, 2024 to be effective September 1, 2024. Part 2
- 3:1-6-Trial of Non-Indictables in Superior Court 3:1-6, Generally., Proceedings involving charges constituting disorderly persons offense or a petty disorderly persons offense shall be heard in Superior Court as required by law, and shall be governed by the rules in Part III insofar as applicable. , Transfer From the Municipal Court to the Superior Court, Chancery Division, Family Part., An offense or violation pending in municipal court may be transferred for trial and disposition to the Chancery Division, Family Part pursuant to R. 5:1-3. Note: Adopted August 28, 1979 to be effective September 1, 1979. Formerly designated as R. 3:1-5(a), redesignated and new paragraph (b) added December 20, 1983 to be effective December 31, 1983; paragraph (a) amended July 28, 2004 to be effective September 1, 2004. Part 3
- 1:28B-2-Duties of Trustees and Treasurer 1:28B-2, Regulations., The Board of Trustees shall adopt regulations governing the Board's oversight of the administration of LAP. The regulations shall be consistent with these Rules and be subject to the approval of the Supreme Court. , Annual Budget., The NJSBA shall, on or before September 30 of each year, present to the Board of Trustees a proposed budget for LAP in a form approved by the Board. The Board shall review the proposal, make such modifications as it deems necessary or appropriate, and forward the recommended budget to the Supreme Court for its review and approval no later than November 15. As approved, the budget shall cover the fiscal year beginning each July 1. , Quarterly Reimbursement of Expenses., The NJSBA shall submit to the Board of Trustees quarterly reports seeking reimbursement of expenses incurred on behalf of LAP. The Board shall make recommendations on the NJSBA reports to the Supreme Court, which shall direct the payment to the NJSBA of all appropriate expenses. , Audit and Report., The Board of Trustees shall arrange for an independent financial audit annually and at such other times as the Supreme Court shall direct, such audits to be at the expense of LAP. The annual financial audit shall be included in a report to be submitted annually by the Board to the Supreme Court, reviewing in detail the administration of LAP during the preceding year. , Reports from LAP Director., On a quarterly basis, the Director of LAP shall file a report with the Board of Trustees in a form approved by the Board. The report shall cover LAP operations but shall neither identify program clients nor otherwise disclose information that is confidential under the regulations of the program. , Applications to the Supreme Court., The Board of Trustees may apply to the Supreme Court for interpretations of these Rules and of the extent of their powers thereunder and for advice regarding the proper administration of LAP. , Treasurer's Duties., The Treasurer shall maintain the assets of LAP in one or more separate accounts and shall disburse monies from them only at the direction of the Supreme Court pursuant to these Rules. Note: Adopted July 15, 1999, to be effective September 1, 1999. Part 1
- 1:29-1-Certificates of Admission and Good Standing; Fees 1:29-1, Certificate of Admission., Each attorney admitted to the bar of this State shall be eligible to receive a formal certificate of admission. Effective with the administration of the February 1994 bar examination, all successful applicants shall pay a certificate fee established by the Board of Bar Examiners and approved by the Supreme Court. , Certificate of Good Standing., An attorney in good standing at the bar of this State may obtain a certificate so stating under seal from the Clerk of the Supreme Court. Attorneys seeking a Certificate of Good Standing shall pay a fee established by the Board of Bar Examiners and approved by the Supreme Court. Note: Former Rule deleted July 29, 1977, to be effective September 6, 1977. Rule title amended and new Rule adopted on October 19, 1993, to be effective January 3, 1994. Part 1
- 1:28B-3-Confidentiality 1:28B-3 The records, documents, and meetings of LAP and the Board of Trustees are confidential, with the following exceptions: Annual audit reports; Annual reports of the Board of Trustees to the Supreme Court; Quarterly reports to the Board of Trustees from the LAP Director; and All materials relating to the budget process that do not identify clients of the program or otherwise disclose information that would compromise the confidentiality of the program as detailed in regulations adopted by the Board of Trustees and approved by the Supreme Court. In no event, however, shall the identity of program clients be disclosed in the above reports. Nothing in this Rule precludes LAP from receiving and acting on a referral from any third party. Such referrals shall be confidential. Note: Adopted July 15, 1999, to be effective September 1, 1999; amended December 5, 2023 to be effective immediately. Part 1
- 1:29-3-Confirmatory Certificates; Fee 1:29-3 Whenever an affidavit pertaining to change of name is filed indicating a desire to continue practice under a new name, or whenever an attorney declares that the certificate of admission originally issued to the attorney has been lost or destroyed, the Clerk of the Supreme Court, on payment by the attorney of a fee to be established with the approval of the Supreme Court, shall issue a confirmatory certificate in the appropriate name. Note: Source-R.R. 1:15-1. Amended July 7, 1971 to be effective September 13, 1971; amended July 29, 1977 to be effective September 6, 1977; caption and text amended October 19, 1993, to be effective January 3, 1994. Part 1
- 1:28B-4-Immunity 1:28B-4 Members of the LAP Board of Trustees, program employees and other staff, agents, program volunteers, attorney peer counselors, and attorneys providing practice assistance shall be absolutely immune from suit, whether legal or equitable in nature, based on their respective conduct in performing their official LAP duties. The Supreme Court shall request the Attorney General to represent those covered by this Rule in all civil or criminal litigation in any court or tribunal. Note: Adopted July 15, 1999, to be effective September 1, 1999; amended July 12, 2002 to be effective September 3, 2002. Part 1
- 1:29-2-Change Of Name 1:29-2 If an attorney changes his or her name after admission to practice in this State, the attorney shall file with the Clerk of the Supreme Court an affidavit stating the name under which the attorney was admitted, the new name, the facts pertaining to the change of name, and the name under which the attorney wishes to continue to practice. Note: Source-R.R. 1:14; caption amended July 29, 1977, to be effective September 6, 1977; text amended July 29, 1977, to be effective September 6, 1977; amended October 19, 1993, to be effective January 3, 1994. Part 1
- 1:30-1-Court Always Open 1:30-1 The courts shall be deemed always open for filing any proper paper, the issuance and return of process, the making of motions, the entering of orders and judgments, and the transaction of all judicial business. Note: Source-R.R. 3:11-8, 4:118-4, 6:2-4, 8:12-7. Part 1
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- media:document:d475b4b4-cf98-4207-aba6-abcf7161ab33
- Rialto-Capitol Condominuim Association v. First Mercury Insurance Company HUD-L-2750-18 Trial July 30, 2025
- 1:30-3-Sittings of Courts 1:30-3, Court Hours., Court hours for all trial courts, except the municipal courts, shall be fixed by the Chief Justice. Court hours for each municipal court shall be fixed by the judge or presiding judge thereof, subject to the approval of the Administrative Director of the Courts. , Court Days., When not in recess, all courts shall sit Monday to Friday, inclusive; except that the appellate courts shall sit on days fixed by the Chief Justice and municipal courts shall sit on days fixed by the judge or presiding judge thereof, subject to the approval of the Administrative Director of the Courts. , Motion Days., Motions shall be heard in all trial courts as scheduled from time to time by the Chief Justice. , Court Recesses., All courts shall be in recess on Saturdays, Sundays, legal holidays and such other days as the Chief Justice shall order. , Special Sittings., Nothing in this rule shall preclude the Chief Justice, the presiding judge of an appellate court, the Assignment Judge, or the judge presiding in any court from directing that any matter be heard at such other hours or on such other days as the judge may deem necessary or appropriate. Note: Source-R.R. 1:28-1, 1:28-2, 1:28-3, 1:28-4, 1:28-5, 4:119-1 (first sentence), 6:2-5(a), 8:2- 2; paragraph (e) amended July 13, 1994 to be effective September 1, 1994. Part 1
- 1:30-2-Terms of court; stated sessions of superior and county court 1:30-2 (a), Terms., All courts shall hold one term annually, commencing on such date as shall be fixed by the Chief Justice. Matters not concluded in a term shall be carried to the succeeding term, but the continued existence or expiration of a term of court in no way affects the power of the court to do any act or take any proceeding in any action which has been pending before it. (b), Sessions., Within each term of the Superior Court, Law Division there shall be 3 stated sessions commencing at times fixed by the Chief Justice. Note: Source-R.R. 1:1-3, 1:28A, 2:1-2, 3:1-4, 4:6-2 (second sentence), 4:118-3. Paragraph (a) amended December 21, 1971 to be effective January 31, 1972; amended July 13, 1994 to be effective September 1, 1994; caption amended July 28, 2004 to be effective September 1, 2004. Part 1
- 1:30-5-Vacations 1:30-5, Judges., Vacations of judges of all appellate courts shall be scheduled by the Chief Justice. Vacations of judges of all trial courts, except the Tax Court and the municipal courts, shall be scheduled by the Assignment Judge, subject to the approval of the Chief Justice. Judges of the municipal courts shall schedule their own vacations, subject to the approval of the presiding judge of such court and the Administrative Director of the Courts, but shall make provision where necessary for other judges to sit in their stead. The presiding judge of the Tax Court shall schedule vacations of the judges thereof, subject to the approval of the Chief Justice. , Supporting Personnel., Vacations of persons in the judicial branch of government shall be scheduled insofar as practicable during times when the courts are in recess or at such other times as shall least inconvenience the work of the courts. The amount of vacation time allowed shall be commensurate with that allowed other public employees holding comparable positions. The vacations of all persons assigned to or employed by a judge shall be subject to the approval of such judge and the Assignment Judge. Note: Source-R.R. 1:28-5, 6:2-7. Paragraph (a) amended June 20, 1979 to be effective July 1, 1979; paragraph (a) amended July 22, 1983 to be effective September 12, 1983. Part 1
- 1:30-4-Clerks’ Offices; Municipal Court Offices 1:30-4 The office of the clerk of every court, except the municipal courts, shall be open to the public for the transaction of all business of the court for such hours and on such days as shall be fixed by the Chief Justice. The office of every municipal court shall be open to the public for the transaction of all business of the court on days and during hours fixed by the municipal court judge thereof, or, in courts where there is a chief judge, the chief judge and the Assignment Judge, subject to the approval of the Administrative Director of the Courts. Note: Source-R.R. 7:19-4. Amended December 21, 1971 to be effective January 31, 1972; caption and text amended July 30, 2021 to be effective September 1, 2021. Part 1
- 1:31-1-Location of Courtrooms; Judges' Chambers; Clerks' Offices 1:31-1 All courtrooms, judges' chambers and clerks' offices shall be located in public buildings, except that where adequate facilities are not available in public buildings, conveniently located, the Administrative Director of the Courts may approve their location in some other appropriate place. Note: Source-R.R. 1:28-7, 6:2-3(b)(d), 8:2-1, 8:13-6. Part 1