- Case Management Order #4
- confidential-def-brief-motion-to-change-venue
- 3:4-7-Pre-Indictment Hearing 3:4-7, Eligible Defendant., The court shall conduct a pre-indictment hearing for an eligible defendant, as defined in N.J.S.A. 2A:162-15, who has been charged with an indictable offense, has not been indicted, and is detained. , Scheduling., The court shall schedule the hearing to occur before the expiration of the 90-day period for the return of the indictment pursuant to N.J.S.A. 2A:162-22, adjusted for excludable time, and not earlier than 15 calendar days before that expiration date. , Discovery., Unless previously provided, the prosecutor shall provide to the defendant all available relevant material pursuant to R. 3:13-3(a) no later than three business days prior to the hearing date. , Hearing and Finding., At the hearing, the State must establish probable cause to support the criminal charges. To meet that burden, the State must present oral testimony from at least one witness with personal knowledge of the case; that witness may be a law enforcement officer involved in the investigation. The defendant shall be afforded the right to cross-examine any witness who appears at the hearing, to testify, to present witnesses, and to present information by proffer or otherwise. Hearsay testimony is permissible. The hearing shall be held remotely unless the court finds good cause to conduct the hearing in-person. , Probable Cause., If from the evidence presented by the prosecutor, the court finds probable cause to believe the offense has been committed and the defendant committed it, the court may allocate an additional period of time, not to exceed 20 days, in which the return of an indictment shall occur. , No Probable Cause., If from the evidence presented by the prosecutor, the court does not find probable cause, the court shall dismiss the complaint and discharge the defendant. A discharge does not preclude the prosecutor from filing a new complaint and prosecuting the defendant for the same offense. , Return of Indictment., The hearing shall not be held if an indictment has been returned against the defendant. Note: Adopted November 10, 2020 to be effective January 15, 2021. Part 3
- 3:4-3-Hearing as to Probable Cause on Indictable Offenses 3:4-3 If the defendant does not waive indictment and trial by jury but does waive a hearing as to probable cause, the court shall forthwith bind the defendant over to await final determination of the cause. If the defendant does not waive a hearing as to probable cause and if before the hearing an indictment has not been returned against the defendant with respect to the offense charged, after notice to the county prosecutor a judge of the Superior Court shall hear the evidence offered by the State within a reasonable time and the defendant may cross-examine witnesses offered by the State. If, from the evidence, it appears to the court that there is probable cause to believe that an offense has been committed and the defendant has committed it, the court shall forthwith bind the defendant over to await final determination of the cause; otherwise, the court shall discharge the defendant from custody if the defendant is detained. Notice to the county prosecutor may be oral or in writing. An entry shall be made on the docket as to when and how such notice was given. After concluding the proceeding the court shall transmit, forthwith, to the county prosecutor all papers in the cause. Whether or not the court finds probable cause, it shall continue in effect any monetary bail previously posted in accordance with R. 3:26 or any other condition of pretrial release not involving restraints on liberty; and any monetary bail taken by the court shall be transmitted to the financial division manager's office. If the defendant is discharged for lack of probable cause and an indictment is not returned within 120 days, the bail shall thereafter be returned and conditions of pretrial release, if any, terminated. Note: Source-R.R. 3:2-3(c). Paragraph designations added and paragraphs (a) and (b) amended July 16, 1979 to be effective September 10, 1979; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended July 5, 2000 to be effective September 5, 2000; paragraph (a) amended June 15, 2007 to be effective September 1, 2007; paragraph (b) amended August 30, 2016 to be effective January 1, 2017. Part 3
- 3:4-4-Proceedings in Arrest Under Uniform Fresh Pursuit Law 3:4-4 If an arrest is made in this State by an officer of another state in accordance with the provisions of N.J.S. 2A:155-1 to N.J.S. 2A:155-7, inclusive (Uniform Law on Fresh Pursuit), the officer shall take the arrested person, without unnecessary delay, before the nearest available judge who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful, the judge shall commit the person to await, for a reasonable time, the issuance of an extradition warrant by the Governor of this State, or admit the person to monetary bail for such purpose. If the court determines that the arrest was unlawful it shall discharge the person arrested. Note: Source -- R.R. 3:2-3(d), 8:3-3(d); amended July 13, 1994 to be effective September 1, 1994; amended August 30, 2016 to be effective January 1, 2017. Part 3
- 3:4-5-Effect of Technical Insufficiency or Irregularity in the Proceedings 3:4-5 A defendant held in custody under a commitment after a hearing as to probable cause shall not be discharged nor shall such hearing be deemed invalid because of any technical insufficiency or irregularity in the commitment or prior proceedings not prejudicial to the defendant, or because the offense for which the defendant is held to answer is other than that stated in the complaint or arrest warrant. Note: Source R.R. 3:2-3(e), 8:3-3(e). Part 3
- 3:4-6-Pre-Indictment Disposition Conference 3:4-6 The court shall conduct a conference for the purpose of discussing and/or finalizing any pre-indictment dispositions. The conference shall be conducted on the record, in open court in the presence of the prosecutor, the defendant and defense counsel. Note: Adopted April 12, 2016 to be effective September 1, 2016. Part 3
- Warrant to Satisfy Judgment - Child Support CN: 12208
- state-motion-in-limine-redacted.pdf
- opinion-motion-to-preclude-arson-testimony.pdf
- consent-order-sanitizing-certain-testimony.pdf
- order-re-omnibus-motion-final-opinion-and-order-signed-redacted.pdf
- state-written-summation-ballistics.pdf
- STATE OF NEW JERSEY VS. CHARLES M. GRANT (15-12-1007, PASSAIC COUNTY AND STATEWIDE) A-1459-22 Appellate July 25, 2025
- a1459-22.pdf
- New Jersey Courts - A Guide to the Judicial Process CN: 12246 Translations Available Translation exists logo.
- Bench Guide for Addressing Gender Bias in the Courts CN: 12248
- This Notice announces the issuance of a revised version of the self-help packet "How to Enforce or Request a Change of Domestic Violence Restraining Order" ( How to Enforce or Request a Change of a Domestic Violence Restraining Order (DV RO) CN 12093 ). The packet previously covered both Domestic Violence (DV) cases and Sexual Assault Survivor Protection Act (SASPA) cases. With the enactment of the Victims Assistance and Survivor Protection Act (VASPA) (superseding SASPA), a dedicated VASPA-specific packet was created and promulgated by Directive #23-23. To ensure clarity and compliance with current statutes and procedures, CN 12093 has been revised to eliminate all references to SASPA. Effective immediately, it now is intended exclusively for domestic violence restraining order matters, not those cases involving VASPA. For matters arising under VASPA, please see the dedicated VASPApacket (CN 13142) as promulgated by Directive #23-23. Document Date: Aug. 13, 2025 Publish Date: Aug. 19, 2025 Download Notice
- File Notice – Family – Revised Packet – How to Enforce or Request a Change of a Domestic Violence Restraining Order (CN 12093)
- 3:22-4-Bar of Grounds Not Raised in Prior Proceedings; Bar of Second or Subsequent Petitions; Exceptions 3:22-4, First Petition for Post-Conviction Relief., Any ground for relief not raised in the proceedings resulting in the conviction, or in a post-conviction proceeding brought and decided prior to the adoption of this rule, or in any appeal taken in any such proceedings is barred from assertion in a proceeding under this rule unless the court on motion or at the hearing finds: that the ground for relief not previously asserted could not reasonably have been raised in any prior proceeding; or that enforcement of the bar to preclude claims, including one for ineffective assistance of counsel, would result in fundamental injustice; or that denial of relief would be contrary to a new rule of constitutional law under either the Constitution of the United States or the State of New Jersey. A ground could not reasonably have been raised in a prior proceeding only if defendant shows that the factual predicate for that ground could not have been discovered earlier through the exercise of reasonable diligence. A denial of relief would be contrary to a new rule of constitutional law only if the defendant shows that the claim relies on a new rule of constitutional law, made retroactive to defendant's petition by the United States Supreme Court or the Supreme Court of New Jersey, that was unavailable during the pendency of any prior proceedings. , Second or Subsequent Petition for Post-Conviction Relief., A second or subsequent petition for post-conviction relief shall be dismissed unless: it is timely under R. 3:22-12(a)(2); and it alleges on its face either: that the petition relies on a new rule of constitutional law, made retroactive to defendant's petition by the United States Supreme Court or the Supreme Court of New Jersey, that was unavailable during the pendency of any prior proceedings; or that the factual predicate for the relief sought could not have been discovered earlier through the exercise of reasonable diligence, and the facts underlying the ground for relief, if proven and viewed in light of the evidence as a whole, would raise a reasonable probability that the relief sought would be granted; or that the petition alleges a prima facie case of ineffective assistance of counsel that represented the defendant on the first or subsequent application for post-conviction relief. Note: Source -- R.R. 3:10A-4; caption amended, introductory paragraph amended and designated as paragraph (a), former paragraphs (a), (b), and (c) redesignated as subparagraphs (a)(1), (a)(2), and (a)(3), and new paragraph (b) adopted January 14, 2010 to be effective February 1, 2010. Part 3