- 3:15-1-Trial of Indictments or Accusations Together 3:15-1, Permissible Joinder., The court may order 2 or more indictments or accusations tried together if the offenses and the defendants, if there are 2 or more, could have been joined in a single indictment or accusation. The procedure shall be the same as if the prosecution were under such single indictment or accusation. , Mandatory Joinder., Except as provided by R. 3:15-2(b), a defendant shall not be subject to separate trials for multiple criminal offenses based on the same conduct or arising from the same episode, if such offenses are known to the appropriate prosecuting officer at the time of the commencement of the first trial and are within the jurisdiction and venue of a single court. Note: Source-R.R. 3:5-6. Paragraph (a) amended and paragraph (b) adopted July 29, 1977 to be effective September 6, 1977; paragraph (b) revised November 2, 1987 to be effective January 1, 1988. Part 3
- 3:18-1-Motion Before Submission to Jury 3:18-1 At the close of the State's case or after the evidence of all parties has been closed, the court shall, on defendant's motion or its own initiative, order the entry of a judgment of acquittal of one or more offenses charged in the indictment or accusation if the evidence is insufficient to warrant a conviction. A defendant may offer evidence after denial of a motion for judgment of acquittal made at the close of the State's case without having reserved the right. Note: Source-R.R. 3:7-6; amended July 13, 1994 to be effective September 1, 1994. Part 3
- 3:18-2-Motion After Discharge of Jury 3:18-2 If the jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made, even if not earlier made pursuant to R. 3:18-1 or it may be renewed within 10 days after the jury is discharged or within such further time as the court fixes during the 10-day period. The court on such motion may set aside a verdict of guilty and order the entry of a judgment of acquittal and may so order if no verdict has been returned. Part 3
- IHC Ineligible List
- PHV Ineligible List
- FIC Ineligible List
- Ineligible List
- MJP Ineligible List
- 3:21-2-Presentence Procedure 3:21-2, Investigation., Before the imposition of a sentence or the granting of probation court support staff shall make a presentence investigation in accordance with N.J.S.A. 2C:44-6 and report to the court. The report shall contain all presentence material having any bearing whatever on the sentence and shall be furnished to the defendant and the prosecutor. , Examination., After the presentence investigation and before imposing sentence, the court may order, pursuant to N.J.S.A. 2C:44-6(c), a physical or mental examination of the defendant provided that the defendant may not be committed to an institution for the purpose of that examination. The examination report shall be furnished to the defendant and the prosecuting attorney. , Transmittal of Reports., If a custodial sentence is imposed, court staff shall, within fifteen days thereafter, transmit a copy of the presentence report and the examination report, if any, to the person in charge of the institution to which the defendant has been committed. Note: Source-R.R. 3:7-10(b). Amended July 7, 1971 to be effective September 13, 1971; amended June 29, 1973 to be effective September 10, 1973; amended August 27, 1974 to be effective September 9, 1974; amended July 29, 1977 to be effective September 6, 1977; amended July 16, 1979 to be effective September 10, 1979; paragraph designations and new paragraph (b) adopted and paragraph (c) amended August 28, 1979, to be effective September 1, 1979; paragraph (a) amended September 28, 1982, to be effective immediately; paragraphs (a) and (c) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a) and (b) amended July 13, 1994 to be effective January 1, 1995; paragraph (a) amended July 28, 2004 to be effective September 1, 2004; paragraph (a) amended July 28, 2017 to be effective September 1, 2017. Part 3
- 3:20-1-Trial by Court or Jury 3:20-1 The trial judge on defendant's motion may grant the defendant a new trial if required in the interest of justice. If trial was by the judge without a jury, the judge may, on defendant's motion for a new trial, vacate the judgment if entered, take additional testimony and direct the entry of a new judgment. The trial judge shall not, however, set aside the verdict of the jury as against the weight of the evidence unless, having given due regard to the opportunity of the jury to pass upon the credibility of the witnesses, it clearly and convincingly appears that there was a manifest denial of justice under the law. Note: Source-R.R. 3:7-11(a) (first and second sentences), 3:7-11(b); amended July 13, 1994 to be effective September 1, 1994. Part 3
- 3:21-3-Diagnostic Center Report 3:21-3 Whenever the defendant is convicted of an offense enumerated in N.J.S.A 2C:47-1 et seq., the court, before imposing sentence or making disposition of the offender under the provisions of said chapter, shall furnish to the prosecutor, defendant or defendant's attorney a copy of the report of the Diagnostic Center, shall advise defendant of the opportunity to be heard thereon, and shall afford the defendant such hearing. The report of the Diagnostic Center shall be confidential unless otherwise provided by rule, statute or court order. Note: Adopted February 25, 1969 to be effective September 8, 1969. Amended August 28, 1979 to be effective September 1, 1979; amended July 13, 1994 to be effective January 1, 1995. Part 3
- 3:20-2-Time for Making Motion 3:20-2 A motion for a new trial based on the ground of newly-discovered evidence may be made at any time, but if an appeal is pending, the court may grant the motion only on remand of the case. A motion for a new trial based on a claim that the defendant did not waive his or her appearance for trial shall be made prior to sentencing. A motion for a new trial based on any other ground shall be made within 10 days after the verdict or finding of guilty, or within such further time as the court fixes during the 10-day period. Note: Source-R.R. 3:7-11(a) (third and fourth sentences); amended July 14, 1992, to be effective September 1, 1992. Part 3
- 3:19-2-Acquittal by Reason of Insanity 3:19-2 If a defendant interposes the defense of insanity and is acquitted after trial on that ground, the verdict and judgment shall so state. The procedure for disposition of the defendant shall be as provided by N.J.S.A. 2C:4-8 and 2C:4- 9 and by R. 4:74-7, except that in the case of defendants acquitted of murder by reason of insanity all hearings pursuant to R. 4:74-7(e) shall be in open court unless good cause is shown for a hearing in camera. Note: Source-R.R. 3:7-9(e); amended August 28, 1979 to be effective September 1, 1979; amended July 14, 1992 to be effective September 1, 1992. Part 3
- 3:21-1-Withdrawal of Plea 3:21-1 A motion to withdraw a plea of guilty or non vult shall be made before sentencing, but the court may permit it to be made thereafter to correct a manifest injustice. Note: Source-R.R. 3:7-10(a). Part 3
- Notice of Motion - Order - Taxotere/Docetaxel Litigation CN: 12311
- Notice of Motion - Order - Zostavax Litigation CN: 12312
- Notice of Motion - Order - Fosamax Litigation CN: 12216
- 3:8-3-Representation by Public Defender 3:8-3, Application; Determination; Referral., The criminal division manager's office shall receive applications for services of the Public Defender and shall determine indigence. A defendant who qualifies for service shall be referred to the Office of the Public Defender no later than the arraignment. The defense counsel appointed by the Office of the Public Defender shall promptly file an appearance. , Scope of Services., The Office of the Public Defender shall represent indigent defendants who qualify for its services through: Direct appeal from conviction; Post-conviction proceedings for which the Rules of Court provide assigned counsel; Direct appeal from those post-conviction proceedings; and Review of cases after the Appellate Division issues a judgement in an appeal as of right and compliance with the provisions of paragraph (c) of this Rule following that review. , Services Following Appellate Division Judgment., In cases that present a potentially meritorious petition for certification in accordance with the standards in R. 2:12-4, the Office of the Public Defender shall file a petition for certification accompanied by a letter brief or a letter relying on defendant’s Appellate Division arguments. In cases in which defense counsel appointed by the Office of the Public Defender cannot certify that a petition “presents a substantial question and is filed in good faith,” as required by R. 2:12-7(a), the Office of the Public Defender shall not file a petition but shall notify defendant of this position in writing and offer copies of relevant briefs, transcripts, and any other documents. Note: Adopted July 5, 2000 to be effective September 5, 2000; amended April 12, 2016 to be effective May 20, 2016; text amended and captioned as paragraph (a), new paragraphs (b) and (c) adopted July 29, 2019 to be effective September 1, 2019. Part 3
- Notice of Appearance CN: 12204
- Substitution of Attorney CN: 12205