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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
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3:19-1-Several Defendants or Counts; Written Verdict Sheets 3:19-1, Several Defendants or Counts., If there are 2 or more counts of an indictment or 2 or more defendants tried together, the jury may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed, specifying the counts on which it has agreed; the defendant or defendants may be tried again on the count or counts as to which it has not agreed. A written verdict sheet shall be submitted to the jury in conjunction with a general verdict to facilitate the determination of the grade of the offense under the Code of Criminal Justice or otherwise simplify the determination of a verdict. The written verdict sheet shall include the factual predicate for an enhanced sentence or the existence of a fact relevant to sentencing unless that factual predicate or fact is an element of the offense. A written verdict sheet shall be reviewed prior to summation at which time either party may raise an objection. Any objections to the verdict sheet shall be placed on the record. The verdict sheet shall be marked as a court exhibit and retained by the court pursuant to Rule 1:2-3. Note: Source-R.R. 3:7-9(b); former rule redesignated as paragraph (a), paragraph (b) adopted and caption amended July 16, 1981 to be effective September 14, 1981; paragraph (b) amended July 10, 1998 to be effective September 1, 1998; paragraph (b) amended June 19, 2001 to be effective immediately; paragraph (b) amended July 21, 2011 to be effective September 1, 2011. 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
3:20-2-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
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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
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
3:10-9-Notice of Intention to Proffer Affidavit Regarding Search of Firearm Permit Database 3:10-9 Whenever the State intends to offer an affidavit that a defendant’s name does not appear in a firearm permit database at trial for an alleged commission of a firearms offense under Chapter 39 of Title 2C, notice of an intent to proffer that affidavit shall be conveyed to defendant at least 30 days prior to trial. A defendant who intends to object to the admission of such affidavit into evidence shall give notice of objection within 10 days after receiving the State’s notice of intent to proffer the affidavit. Whenever a notice of objection is given, the State shall produce a witness who has knowledge and can testify to how the search of the firearm permit database was performed and the results of that search. In the event the person who conducted the search is unavailable, an individual who personally witnessed the search or re-conducted the search can be presented. If there is no notice of objection, the affidavit shall be admitted into evidence without the need to produce a witness with knowledge of the search that was performed. Failure to comply with the time limitations regarding the notice of objection required by this rule shall constitute a waiver of any objections to the admission of the affidavit. The time limitations set forth in this rule shall not be relaxed except upon a showing of good cause. For purposes of this rule, “affidavit” includes a certification in lieu of oath pursuant to Rule 1:4-4(b). Note: Adopted August 4, 2023 to be effective September 1, 2023. Part 3
Notice of Appearance
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
Greeting Jurors, Please refer to summons to verify correct information. Petit Jurors who have already appeared in-person and are assigned to a judge, please follow the judge's instructions. All petit and grand jurors summoned for jury service, please complete your online questionnaire at www.njcourts.gov/mjs . Please have your participant number available. You will receive information via email the day prior to your jury service after 3:30 p.m. with further instructions for the date of service or you may call the jury reporting phone line at 973-776-9783 to hear a recorded jury reporting message after 5:30 p.m. Term of Service is two days or one trial. Answers to frequently asked questions about jury service can be found at https://www.njcourts.gov/jurors/faq https://www.njcourts.gov/jurors/faq Please be advised that jurors will not be able to confirm their service the Friday before their summons date. Please contact the Jury Management Office for assistance. In addition, you may request a one-time rescheduling for up to 12 months for extreme hardship, you may also update and modify information by completing your online questionnaire. Please contact the Jury Management Office during business hours Monday through Friday 8:30 a.m. to 4:30 p.m. excluding State holidays should you have any questions preferably by email at ESX-jury.mailbox@njcourts.gov or 973-776-9300 ext. 56887. For in-person reporting, please report at 8:45 a.m. (unless informed otherwise) to the Jury Management Office located at 50 West Market Street Room 150 Veterans Courthouse, Newark, NJ 07102. The building opens to the public at 8:00 a.m. Free parking is available. Please bring parking ticket inside for validation. Parking lot located at the intersection of 19 South Orange Avenue, Newark, NJ and Howard Street. All persons will be screened upon entering the building. Please be advised that glass containers and certain metal objects are not allowed. You may wear a mask if you choose to. You may also bring reading material and/or laptop if you wish. Also, there is a cafeteria on the premise. No microwave is available. The New Jersey Judiciary does not and has never asked for juror’s banking information or social security numbers over the phone, by email, or in person. Court officials will never ask for payment to avoid arrest for failure to report for jury duty. Anyone who has concerns about being approached inappropriately concerning jury duty should contact the county jury manager as well as local law enforcement. *Please do not report for jury service if you are sick or not feeling well. Please call or email jury management to reschedule. Thank you for your willingness to serve!, Message from Assignment Judge Sheila A. Venable, Welcome. Thank you for serving as an Essex County juror. Your service is a vital part of the justice system in our form of democracy and will be an important contribution to your fellow citizens. Thank you for serving., Health and Safety, If you feel sick, do not report to the courthouse. Instead, contact your local jury management office contact your local jury management office to reschedule your service., Voluntary Demographic Information, The juror questionnaire includes three voluntary demographic questions. This information contact your local jury management office helps the Judiciary understand the diversity and representativeness of jury pools. Your responses to these questions are optional and will not affect your selection. , Americans With Disabilities Act (ADA) Policy, Advise the Jury Management Office if you require an accommodation in order to serve. You can reach the Jury Management Office by phone at 973-776-9300 ext. 56887 or by email at Esx-jury.Mailbox@njcourts.gov ., Juror Parking Directions, Essex County Veterans Courthouse 50 West Market Street Newark, New Jersey 07102 973-776-9300 Free parking is available only in the designated juror parking area - please bring your parking ticket to the Jury Management Office for validation., Dress Code, Jurors reporting for service should wear clothing appropriate for an appearance in court. Shorts, t-shirts, uniforms or clothing containing statements or offensive symbols are not permitted. All hats must be removed when in a courtroom. Comfortable clothing is also advisable., Courtroom Regulations, Cell phones, pagers and electronic devices must be turned off in the courtroom. You are not permitted to read newspapers or other materials in the courtroom. You are not permitted to bring food or beverages into the courtroom., If You Are Selected As A Juror, The trial judge will instruct you regarding the trial schedule, reporting times, any recesses, lunch arrangements, etc. The judge's instructions will take precedence over any general instructions given in the assembly area. You must wear your juror badge at all times, including during lunch., Other Factors Relating To Your Juror Service, The daily fee for petit jurors is $5 for the first 3 days and $40 for each day after 3 days. The daily fee for grand jurors is $5 for each day of service. Checks are processed on Friday. Your juror check will generally be received within 3 weeks. Check with your employer or your union representative, or read your employee handbook if you have questions about whether you will be compensated by your employer while serving as a juror., Employment Protection, Be aware that N.J.S.A. 2B:20-17 protects jurors from employment related retaliation and provides for the possibility of both criminal and civil sanctions., Term of Service, Petit jurors are summoned for two days or one trial. This means, if after serving two days and you are not involved in the jury selection process, your jury service will be complete., Smoking Policy, The courthouse is a non-smoking facility. If you leave the courthouse to smoke, you must inform jury staff so that we are aware of your location at all times., Failure to Report, Individuals who fail to respond to a jury summons or fail to report when summoned may be subject to penalties including fines. If you have forgotten to appear as scheduled for jury service, please contact the Jury Management Office immediately at 973-776-9300 ext. 56887
3:21-4-Sentence 3:21-4, Imposition of Sentence; Conditions of Release., Sentence shall be imposed without unreasonable delay. Pending sentence the court may commit the defendant or continue, impose or alter the conditions of release, regardless of whether the defendant is an eligible defendant pursuant to N.J.S.A. 2A:162-15 et seq. , Presence of Defendant; Statement., Sentence shall not be imposed unless the defendant is present or has filed a written waiver of the right to be present. Before imposing sentence the court shall address the defendant personally and ask the defendant if he or she wishes to make a statement in his or her own behalf and to present any information in mitigation of punishment. The defendant may answer personally or by his or her attorney. , Sentence to Probation., The court, at time of sentence, shall inform defendants sentenced to probation what penalties might be imposed on revocation should they not adhere to the conditions of their probation. , Extradition., Nothing herein contained shall be construed as affecting the provisions of N.J.S. 2A:160-5 (relating to extradition) or the power of the court to resentence a defendant after reversal of the judgment by reason of error in the sentence. , Extended or Enhanced Term of Imprisonment; Sentence Pursuant to N.J.S.A. 2C:35-8., A motion pursuant to N.J.S.A. 2C:44-3 or N.J.S.A. 2C:43-6(f) for the imposition of an extended term of imprisonment, or a motion for enhanced sentence pursuant to N.J.S.A. 2C:35-8, shall be filed with the court by the prosecutor within 14 days of the entry of the defendant's guilty plea or the return of the verdict. Where the defendant is pleading guilty pursuant to a negotiated disposition, the prosecutor shall make the motion at or prior to the plea. If the negotiated disposition includes the recommendation of an extended term, the prosecutor's oral notice and the recordation of the extended term exposure in the plea form completed by defendant and reviewed on the record shall serve as the State's motion. For good cause shown the court may extend the time for filing the motion. The sentence shall include a determination as to whether the defendant was convicted and sentenced to an extended term of imprisonment as provided in N.J.S.A. 2C:43-7, 2C:44-3 and 2C:44-6(e), N.J.S.A. 2C:43-6(f) or whether the defendant was being sentenced pursuant to N.J.S.A. 2C:35-8, and the commitment or order of sentence which directs the defendant's confinement shall so specify. , Sentence Pursuant to Negotiated Disposition under N.J.S.A. 2C:35-12., Where the defendant is pleading guilty pursuant to a negotiated disposition governed by N.J.S.A. 2C:35-12, and, as part of that negotiated disposition, the prosecutor has agreed not to file a motion for a mandatory extended-term sentence under N.J.S.A. 2C:43-6(f), the prosecutor shall represent to the court, on the record at the time of the guilty plea, that (1) the plea is pursuant to N.J.S.A. 2C:35-12, (2) the defendant would ordinarily be eligible for a mandatory extended-term sentence under N.J.S.A. 2C:43- 6(f), and (3) the State is waiving the extended-term sentence in exchange for the defendant’s guilty plea. The parties shall also record this information on the plea form. If the defendant disputes the prosecutor’s representation that defendant is eligible for a mandatory extended-term sentence under N.J.S.A. 2C:43-6(f), the court shall hold a hearing at which the State shall have the burden to prove the defendant’s eligibility for such a sentence by a preponderance of the evidence. , Sentence., Pursuant to N.J.S.A. 2C:43-7.1, 2C:43-7.2, or 2C:44-5.1. A notice to impose sentence pursuant to N.J.S.A. 2C:43-7.1, N.J.S.A. 2C:43-7.2, or 2C:44- 5.1 shall be filed with the court and served upon the defendant by the prosecutor within 14 days of the entry of the defendant's guilty plea or return of the verdict. Where the defendant is pleading guilty pursuant to a negotiated disposition, the prosecutor shall file and serve the notice at or prior to the plea. If the negotiated disposition includes the recommendation of an extended term, the prosecutor's oral notice and the recordation of the extended term exposure in the plea form completed by defendant and reviewed on the record shall serve as the State's notice. For good cause shown the court may extend the time for filing the notice. The sentence shall include a determination as to whether the defendant was convicted and sentenced pursuant to N.J.S.A. 2C:43- 7.1, N.J.S.A. 2C:43-7.2, or 2C:44-5.1 and the judgment and commitment shall so specify. , Reasons for Sentence., At the time sentence is imposed the judge shall state reasons for imposing such sentence including findings pursuant to the criteria for withholding or imposing imprisonment or fines under N.J.S.A. 2C:44-1 to 2C:44-3; the factual basis supporting a finding of particular aggravating or mitigating factors affecting sentence; and, if applicable, the reasons for ordering forfeiture of public office, position or employment, pursuant to N.J.S.A. 2C:51-2. , Notification of Right to Appeal and to File Petitions for Post-Conviction Relief., After imposing sentence, whether following the defendant's plea of guilty or a finding of guilty after trial, the court shall advise the defendant of the right to appeal and, if the defendant is indigent, of the right to appeal as an indigent. The court shall also inform the defendant of the time limitations in which to file petitions for post-conviction relief. , Sentence Imposed., Pursuant to N.J.S.A. 2C:44-1(f)(2). In the event the court imposes sentence pursuant to N.J.S.A. 2C:44-1(f)(2), such sentence shall not become final until 10 days after the date sentence was pronounced. , Statement of Estimated Real Time to Be Served., If defendant is sentenced to prison or jail, at the time sentence is imposed the judge shall state the approximate period of time defendant will actually serve in custody according to the then current State Parole Board "Parole Eligibility Tables." The statement should also consider the impact of jail credits, and should indicate that it is made for the benefit of the public, including those in attendance at the proceedings, and cannot be relied on by the defendant for purposes of proceedings before the Parole Board or any direct or collateral appeal. Note: Source -- R.R. 3:7-10(d). Paragraph (f) amended September 13, 1971, paragraph (c) deleted and paragraphs (d), (e) and (f) redesignated as (c), (d) and (e) July 14, 1972 to be effective September 5, 1972; paragraph (e) adopted and former paragraph (e) redesignated as (f) August 27, 1974 to be effective September 9, 1974; paragraph (b) amended July 17, 1975 to be effective September 8, 1975; paragraphs (d) and (e) amended August 28, 1979 to be effective September 1, 1979; paragraph (d) amended December 26, 1979 to be effective January 1, 1980; paragraph (g) adopted July 26, 1984 to be effective September 10, 1984; paragraph (d) caption and text amended November 5, 1986 to be effective January 1, 1987; paragraph (d) amended November 2, 1987 to be effective January 1, 1988; paragraph (d) amended January 5, 1988 to be effective February 1, 1988; new paragraph (c) adopted and former paragraphs (c), (d), (e), (f), and (g) redesignated (d), (e), (f), (g), and (h) respectively June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 14, 1992 to be effective September 1, 1992; paragraph (i) adopted April 21, 1994 to be effective June 1, 1994; paragraphs (b), (e), (f) and (g) amended July 13, 1994 to be effective January 1, 1995; former paragraphs (f), (g), (h), and (i) redesignated as paragraphs (g), (h), (i), and (j) and new paragraph (f) adopted July 10, 1998 to be effective September 1, 1998; paragraph (j) amended July 5, 2000 to be effective September 5, 2000; paragraph (e) caption and text amended, and paragraph (f) amended June 15, 2007 to be effective September 1, 2007; paragraph (h) caption and text amended July 16, 2009 to be effective September 1, 2009; paragraph (g) amended July 21, 2011 to be effective September 1, 2011; paragraph (a) caption and text amended August 30, 2016 to be effective January 1, 2017; paragraph (a) amended July 29, 2019 to be effective September 1, 2019; new paragraph (f) adopted, and former paragraphs (f), (g), (h), (i) and (j) redesignated as paragraphs (g), (h), (i), (j) and (k) July 30, 2021 to be effective September 1, 2021. Part 3