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Order Amending 6/27/25 Order re: Kline & Specter Dismissals
motion-in-limine-redacted.pdf
Orientation Seminar for Prospective Court Interpreters
Aug. 14 -
HOUSING ELEMENT AND FAIR SHARE PLAN OaklynHEFSP730251.pdf Wed, 08/13/2025 - 12:00
MUNICIPAL RESOLUTION 81325PilesgroveResoAdoptSpendingPlanwSpendingPlan.pdf Wed, 08/13/2025 - 12:00
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
3:2-3-Arrest Warrant 3:2-3, Issuance of an Arrest Warrant When Law Enforcement Applicant is Physically Before the Judicial Officer., An arrest warrant for an initial charge shall be made on a Complaint-Warrant (CDR-2) form. The warrant shall contain the defendant's name or if that is unknown, any name or description that identifies the defendant with reasonable certainty, and shall be directed to any officer authorized to execute it, ordering that the defendant be arrested and remanded to the county jail pending a determination of conditions of pretrial release. The warrant shall be signed by a judicial officer, which for these purposes shall be defined as the judge, clerk, deputy clerk, authorized municipal court administrator, or authorized deputy municipal court administrator. , Issuance of and Procedures for an Arrest Warrant When Law Enforcement Applicant is Not Physically Before the Judicial Officer., A judicial officer may issue an arrest warrant on 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. Subsequent to taking the oath, the applicant must identify himself or herself, and read verbatim the Complaint-Warrant (CDR-2) and any supplemental affidavit that establishes probable cause for the issuance of an arrest warrant. 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 officer 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 an arrest warrant. An arrest warrant may issue if the judicial officer is satisfied that probable cause exists for issuing the warrant. On approval, 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. If the judicial officer has determined that a warrant shall issue and has the ability to promptly access the Judiciary’s computer system, the judicial officer shall electronically issue the Complaint-Warrant (CDR-2) in the 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 computer system, the judicial officer shall direct the applicant, pursuant to procedures prescribed by the Administrative Director of the Courts, to enter into the Judiciary computer system, for inclusion on the electronic complaint, the date and time of the probable cause and warrant determinations. The judicial officer shall also direct the applicant to complete the required certification and activate the complaint. The court shall verify, as soon as practicable, any warrant authorized under this subsection and activated by law enforcement. Remand to the county jail 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 communication are governed by R. 3:26-1(e). Note: Adopted July 13, 1994 to be effective January 1, 1995; original text of rule amended and designated as paragraph (a) and new paragraph (b) added July 28, 2004 to be effective September 1, 2004; paragraph (b) amended July 9, 2013 to be effective September 1, 2013; paragraphs (a) and (b) captions added and text amended August 30, 2016 to be effective January 1, 2017. 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
3:1-6-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
3:2-2-Summons 3:2-2 A summons shall be made on a Complaint-Summons (CDR-1) form, a Uniform Traffic Ticket, a Special Form of Complaint and Summons, or such other form as may be approved by the Administrative Director of the Courts. The summons shall be directed to the person named in the complaint, requiring that person to appear before the court in which the complaint is made at a stated time and place, and shall indicate that there will be consequences for failure to appear at the scheduled first appearance. If the individual fails to appear at that first appearance, a notice shall issue advising the individual of the rescheduled first appearance and that a failure to appear at that rescheduled first appearance will result in the issuance of a bench warrant. The summons shall be signed by the judicial or law enforcement officer issuing it. An electronic entry of the signature of the law enforcement officer shall be equivalent to and have the same force and effect as an original signature. Note: Adopted July 13, 1994 to be effective January 1, 1995; amended July 27, 2006 to be effective September 1, 2006; amended August 30, 2016 to be effective January 1, 2017. Part 3
2:12A-3-Certification Order; Record 2:12A-3 The Court of Appeals for the Third Circuit shall issue a certification order and forward it to the Supreme Court. Within five days of the filing of the order with the Supreme Court, the parties may comment on the order by serving and filing nine copies of a statement that does not exceed five pages. Before responding to a certified question, the Court may request of the Court of Appeals for the Third Circuit that it deliver all or part of the record in the pending litigation. Note: Adopted November 19, 1999, to take effect January 3, 2000. Part 2
2:12A-7-Disposition 2:12A-7 The Supreme Court shall dispose of the matter by an opinion or order, as may be appropriate. Note: Adopted November 19, 1999, to take effect January 3, 2000. Part 2
def-motion-to preclude-ballistics.pdf
state-response-motion-to-preclude-ballistics.pdf
Passaic Trial Calendar
3:3-1-Issuance of a Complaint-Warrant (CDR-2) or a Complaint-Summons (CDR-1) 3:3-1, Issuance of a Complaint-Warrant (CDR-2)., Except for citizen complaints for indictable offenses, which must be issued by a judge pursuant to R. 3:2-1(a)(2), an arrest warrant may be issued on a complaint only if: 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 warrant; and a judicial officer finds that paragraphs (d), (e), or (f) of this rule allow a warrant rather than a summons to be issued. , Issuance of a Complaint-Summons (CDR-1)., Except for citizen complaints for indictable offenses, which must be issued by a judge pursuant to R. 3:2-1(a)(2), a summons may be issued on a complaint only if: 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 summons; or the law enforcement officer who made the complaint, issues the summons. , Offenses Where Issuance of a Complaint-Summons (CDR-1) is Presumed., Unless issuance of a complaint-warrant is authorized pursuant to paragraph (d) of this rule, a complaint-summons rather than a complaint-warrant shall be issued when a defendant is charged with an offense other than one set forth in paragraphs (e) or (f) of this rule. , Grounds for Overcoming the Presumption of Issuance of a Complaint-Summons (CDR-1)., Notwithstanding the presumption that a complaint-summons shall be issued when a defendant is charged with an offense other than one set forth in paragraphs (e) or (f) of this rule, when a law enforcement officer prepares a complaint-warrant rather than a complaint-summons in accordance with guidelines issued by the Attorney General pursuant to N.J.S.A. 2A:162-16, the judicial officer may issue a complaint-warrant when the judicial officer finds pursuant to paragraph (a) of this rule that there is probable cause to believe that the defendant committed the offense, and has reason to believe, based on one or more of the following factors, that a complaint-warrant 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: the defendant has been served with a summons for any prior indictable offense and has failed to appear; 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; there are one or more outstanding warrants for the defendant; the defendant’s identity or address is not known and a warrant is necessary to subject the defendant to the jurisdiction of the court; there is reason to believe that the defendant will obstruct or attempt to obstruct the criminal justice process if released on a summons; there is reason to believe that the defendant will not appear in response to a summons; or 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. When the application for a complaint-warrant is based on reason to believe that the defendant will not appear in response to a summons, will pose a danger to the safety of any other person or the community, or will obstruct or attempt to obstruct the criminal justice process if released on a summons, 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 escape, 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 the complaint-warrant., Offenses Where Issuance of a Complaint-Warrant (CDR-2) Is Required., A complaint-warrant shall be issued when a judicial officer finds pursuant to R. 3:3-1(a) that there is probable cause to believe that the defendant committed murder, aggravated manslaughter, manslaughter, aggravated sexual assault, sexual assault, robbery, carjacking, or escape, or attempted to commit any of the foregoing crimes, or where the defendant has been extradited from another state for the current charge. , Offenses Where Issuance of a Complaint-Warrant (CDR-2) is Presumed., Unless issuance of a complaint-summons rather than a complaint-warrant is authorized pursuant to paragraph (g) of this rule, a complaint-warrant shall be issued when a judicial officer finds pursuant to paragraph (a) of this rule that there is probable cause to believe that the defendant committed a violation of Chapter 35 of Title 2C that constitutes a first or second degree crime, a crime involving the possession or use of a firearm, or the following first or second degree crimes subject to the No Early Release Act (N.J.S.A. 2C:43-7.2), vehicular homicide (N.J.S.A. 2C:11-5), aggravated assault (N.J.S.A. 2C:12-1(b)), disarming a law enforcement officer (N.J.S.A. 2C:12-11), kidnapping (N.J.S.A. 2C:13-1), aggravated arson (N.J.S.A. 2C:17-1(a)(1)), burglary (N.J.S.A. 2C:18-2), extortion (N.J.S.A. 2C:20-5), booby traps in manufacturing or distribution facilities (N.J.S.A. 2C:35-4.1(b)), strict liability for drug induced deaths (N.J.S.A. 2C:35- 9), terrorism (N.J.S.A. 2C:38-2), producing or possessing chemical weapons, biological agents or nuclear or radiological devices (N.J.S.A. 2C:38-3), racketeering (N.J.S.A. 2C:41-2), firearms trafficking (N.J.S.A. 2C:39-9(i)), causing or permitting a child to engage in a prohibited sexual act knowing that the act may be reproduced or reconstructed in any manner, or be part of an exhibition or performance (N.J.S.A. 2C:24-4(b)(3)) or finds that there is probable cause to believe that the defendant attempted to commit any of the foregoing crimes. , Grounds for Overcoming the Presumption of Issuance of a Complaint-Warrant (CDR-2)., Notwithstanding the presumption that a complaint-warrant shall be issued when a defendant is charged with an offense set forth in paragraph (f) of this rule: (1) a judicial officer may authorize issuance of a complaint-summons rather than a complaint-warrant if the judicial officer finds that were the defendant to be released without imposing or monitoring any conditions authorized under N.J.S.A. 2A:162-17, there are reasonable assurances that the defendant will appear in court when required, the safety of any other person or the community will be protected, and the defendant will not obstruct or attempt to obstruct the criminal justice process. The judicial officer shall not make such finding without considering the results of a 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 without also considering whether within the preceding ten years the defendant as a juvenile was adjudicated delinquent for escape, 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 information provided by a law enforcement officer or the prosecutor relevant to the pretrial release decision; or (2) a law enforcement officer may issue a summons in accordance with guidelines issued by the Attorney General pursuant to N.J.S.A. 2A:162-16. , Finding of No Probable Cause., If a judicial officer finds that there is no probable cause to believe that an offense was committed or that the defendant committed it, the officer shall not issue a warrant or summons on the complaint. If the finding is made by an officer other than a judge, the finding shall be reviewed by a judge. If the judge finds no probable cause, the judge shall not issue the complaint. , Additional Warrants or Summonses., More than one warrant or summons may issue on the same complaint. , Process Against Corporations., A complaint-summons (CDR-1) rather than a complaint-warrant (CDR-2) shall issue if the defendant is a corporation. If a corporation fails to appear in response to a summons, the court shall proceed as if the corporation appeared and entered a plea of not guilty. Note: Source -- R.R. 3:2-2(a) (1) (2) (3) and (4); paragraph (a) amended, new paragraph (b) adopted and former paragraphs (b) and (c) redesignated as (c) and (d) respectively July 21, 1980 to be effective September 8, 1980; paragraph (b) amended and paragraph (e) adopted July 16, 1981 to be effective September 14, 1981; paragraph (b) amended July 22, 1983 to be effective September 12, 1983; caption and paragraph (a) amended and paragraph (f) adopted July 26, 1984 to be effective September 10, 1984; paragraph (b) amended January 5, 1988 to be effective February 1, 1988; captions and text of paragraphs (a), (b), (c), (e) and (f) amended and paragraph (g) adopted July 13, 1994, to be effective January 1, 1995; text of paragraph (a) amended December 9, 1994, to be effective January 1, 1995; paragraphs (a), (c), (e), (f), and (g) deleted, paragraph (b) amended and redesignated as paragraph (c), paragraph (d) amended and redesignated as paragraph (e), new paragraphs (a), (b), (d), and (f) adopted July 5, 2000 to be effective September 5, 2000; paragraphs (a) and (b) amended, former paragraph (c) deleted, caption and text amended, paragraph (b) amended, former paragraph (c) deleted, new paragraphs (c), (d), (e), (f), and (g) adopted, and former paragraphs (d), (e) and (f) redesignated as (h), (i) and (j) August 30, 2016 to be effective January 1, 2017; caption amended, paragraphs (a), (b), (c), (d), (e), (f), and (g) caption and text amended, and paragraphs (h) and (j) amended August 2, 2019 to be effective January 1, 2020. Part 3
3:3-3-Execution or Service; Return 3:3-3, By Whom., The warrant shall be executed and the summons served by any officer authorized by law. , Territorial Limits., The warrant may be executed and the summons served at any place within this State. An officer arresting a defendant in a county other than the one in which the warrant was issued shall take the defendant, without unnecessary delay, before the nearest available committing judge authorized to set conditions of pretrial release in accordance with R. 3:26-2. Nothing in this rule shall affect the provisions of N.J.S. 2A:156-1 to 2A:156-4 (Uniform Act on Intrastate Fresh Pursuit). , Execution of Warrant., The warrant shall be executed by the arrest of the defendant. The warrant need not be in the possession of the officer at the time of the arrest, but upon request, the officer shall show the warrant to the defendant as soon as possible. If the warrant is not in the possession of the officer at the time of the arrest, the officer shall inform the defendant of the offense charged and of the fact that a warrant has been issued. , Service of Summons., The summons shall be served in accordance with R. 4:4-4. , Return., The officer executing a warrant shall make prompt return thereof to the court which issued the warrant. The officer serving a summons shall make return thereof to the court before whom the summons is returnable on or before the return day. Note: Source -- R.R. 3:2-2(c); paragraphs (b) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended August 30, 2016 to be effective January 1, 2017. Part 3
18-4915-order-to-change-venue-signed-redacted.pdf
defense-response-to-motion-brief-motion-to-dismiss-indictment.pdf