- PHILIP DATTOLO VS. EMC SQUARED, LLC, ET AL. (L-0369-20, MORRIS COUNTY AND STATEWIDE) A-0067-24 Appellate Aug. 20, 2025
- KEVIN MORAN, C/O SEA POINT CONDOMINIUM ASSOCIATION, INC. VS. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ETC. (NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION) A-0804-23 Appellate Aug. 20, 2025
- ALINA MYRONOVA VS. SURENDER MALHAN, ET AL. (FM-02-0339-21, BERGEN COUNTY AND STATEWIDE) (CONSOLIDATED) A-2156-21/A-2787-21 Appellate Aug. 20, 2025
- GREENE STREET FUNDING TRUST II VS. 203 HANSBURY LLC, ET AL. (F-008749-22, ESSEX COUNTY AND STATEWIDE) A-2791-23 Appellate Aug. 20, 2025
- a0067-24.pdf
- a0804-23.pdf
- a2156-21a2787-21.pdf
- a2791-23.pdf
- Verified Answer - Simon, Britt J.
- a0490-22.pdf
- Municipal Job Information, Job Title: Deputy Court Administrator (Part-Time) Vicinage: Burlington Municipal Court: Medford Twp Municipal Court Closing: Sept. 5, 2025 Posted: Aug. 20, 2025
- a2413-22.pdf
- 3:26-2-Authority to Set Conditions of Pretrial Release 3:26-2, Authority to Set Conditions of Pretrial Release., A Superior Court judge may set conditions of pretrial release for a person charged with any offense and may set monetary bail or take any action in accordance with the Uniform Criminal Extradition Law, N.J.S.A. 2A:160-6 et seq., for any person arrested in any extradition proceeding. Conditions of pretrial release for any offense except a person arrested in any extradition proceeding may be set by any other judge provided that judge is setting conditions of pretrial release as part of a first appearance pursuant to Rule 3:4-2(b). , Conditions of Release., Conditions of pretrial release shall be set pursuant to R. 3:4-2(d) or (e) for persons for whom a complaint-warrant or a warrant on indictment is issued for an initial charge involving an indictable offense or a disorderly persons offense. A defendant who is the subject of a warrant on indictment is an eligible defendant pursuant to N.J.S.A. 2A:162-15 et seq. The court shall order the pretrial release of a defendant on personal recognizance or on the execution of an unsecured appearance bond when, after considering all the circumstances, the Pretrial Services Program’s risk assessment and recommendations on conditions of release prepared pursuant to section 11 of P.L.2014, c. 31 (c.2A:162-25), and any information that may be provided by a prosecutor or the defendant, the court finds that the release would reasonably assure the defendant’s appearance in court when required, the protection of the safety of any other person or the community, and that the defendant will not obstruct or attempt to obstruct the criminal justice process. When the court orders pretrial release pursuant to this subparagraph, the court shall, in the document authorizing the release, notify the defendant that the defendant must appear in court when required and that a failure to appear may result in the issuance of a warrant for the defendant’s arrest. If the court does not find, after consideration, that the release described in subparagraph (1) of this paragraph will reasonably assure the defendant’s appearance in court when required, the protection of the safety of any other person or the community, and that defendant will not obstruct or attempt to obstruct the criminal justice process, the court may order the pretrial release of the defendant subject to the following: the defendant shall appear in court as required; the defendant shall not commit any offense during the period of release; the defendant shall avoid all contact with an alleged victim of the crime; and the defendant shall avoid all contact with all witnesses who may testify concerning the offense that are named in the document authorizing the defendant’s release or in a subsequent court order. The court may impose other non-monetary conditions of release as set forth in subparagraph (3). The non-monetary condition or conditions of a pretrial release ordered by the court pursuant to this paragraph shall be the least restrictive condition, or combination of conditions, that the court determines will reasonably assure the defendant’s appearance in court when required, the protection of the safety of any other person or community, and that the defendant will not obstruct or attempt to obstruct the criminal justice process, which may include that the defendant: remain in the custody of a designated person, who agrees to assume supervision and to report any violation of a release condition to the court, if the designated person is able to reasonably assure the court that the defendant will appear in court when required, will not pose a danger to the safety of any other person or the community, and will not obstruct or attempt to obstruct the criminal justice process; will maintain employment, or, if unemployed, actively seek employment. maintain or commence an educational program; abide by specified restrictions on personal associations, place of abode or travel; report on a regular basis to a designated law enforcement agency, or other agency, or Pretrial Services Program; comply with a specified curfew; refrain from possessing a firearm, destructive device, or other dangerous weapon; refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance without a prescription by a licensed medical practitioner; undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose; return to custody for specified hours following release for employment, schooling, or other limited purposes; be placed in a pretrial home supervision capacity with or without the use of an approved electronic monitoring device. The court may order the defendant to pay all or a portion of the costs of the electronic monitoring, but the court may waive the payment for a defendant who is indigent and who has demonstrated to the court an inability to pay all or a portion of the costs; or satisfy any other condition that is necessary to reasonably assure the defendant’s appearance in court when required, the protection of the safety of any other person or the community, and that the defendant will not obstruct or attempt to obstruct the criminal justice process. If the court enters a release order that is contrary to the release recommendations, including release conditions, of the Pretrial Services Program obtained by using a risk assessment instrument, then the court shall set forth in the document authorizing the release its reasons for not accepting the release recommendations., Modification of Release Conditions., , Monetary Bail Restrictions., If a defendant is unable to post monetary bail, the defendant shall have that monetary bail reviewed promptly and may file an application with the court seeking a monetary bail reduction which shall be heard in an expedited manner. , Review of Conditions of Release., Except as provided in paragraphs (d) or (e) a Superior Court Judge may review the conditions of pretrial release set pursuant to Rule 3:26-1 on its own motion, or upon motion by the prosecutor or the defendant alleging that there has been a material change in circumstance that justifies a change in conditions. Any review of conditions pursuant to this rule shall be decided within 30 days of the filing of the motion. Upon a finding that there has been a material change in circumstance, the judge may set new conditions of release but may not order the defendant detained except as provided in Rule 3:4A. , Pretrial Services Compliance Review., For defendants who have been compliant with their conditions of release for a six-month period, the Pretrial Services Program shall conduct a pretrial compliance review pursuant to a process prescribed by the Administrative Director of the Courts and, upon notice to the parties, shall submit the results of that review to the court for its consideration in determining whether to reduce a defendant’s level of monitoring. The parties shall have the right to object and be heard. This compliance review is not meant to modify the conditions of a defendant’s release. , Violations of Conditions of Release., , Violation of Condition of Release When Defendant Released from Jail., Upon the motion of the prosecutor, when a defendant for whom a complaint-warrant or warrant on indictment was issued is released from custody, the court, upon a finding, by a preponderance of the evidence, that the defendant while on release violated a restraining order or condition of release, or upon a finding of probable cause to believe that the defendant has committed a new crime while on release, may revoke the defendant's release and order that the defendant be detained pending trial where the court, after considering all relevant circumstances including but not limited to the nature and seriousness of the violation or criminal act committed, finds clear and convincing evidence that no monetary bail, non-monetary conditions of release or combination of monetary bail and conditions would reasonably assure the defendant's appearance in court when required, the protection of the safety of any other person or the community, or that the defendant will not obstruct or attempt to obstruct the criminal justice process. The disposition of a motion filed pursuant to this subparagraph, or filed pursuant to Rule 3:4A, shall resolve any pending violation of monitoring that has been filed by the Pretrial Services Program. , Hearing on Violations of Conditions of Release., The defendant shall have a right to be represented by counsel and, if indigent, to have counsel appointed if he or she cannot afford counsel. The defendant shall be afforded the right to testify, to present witnesses, to cross-examine witnesses who appear at the hearing and to present information by proffer or otherwise. Testimony of the defendant given during the hearing shall not be admissible on the issue of guilt in any other judicial proceeding, but the testimony shall be admissible in proceedings related to the defendant’s subsequent failure to appear, proceedings related to any subsequent offenses committed during the defendant’s release, proceedings related to the defendant’s subsequent violation of any conditions of release, any subsequent perjury proceedings, and for the purpose of impeachment in any subsequent proceedings. The defendant shall have the right to be present at the hearing. The rules governing admissibility to evidence in criminal trials shall not apply to the presentation and consideration of information at the hearing. , Discovery., If the prosecutor is seeking release revocation, and the prosecutor had not previously moved to detain defendant, then the prosecutor no later than 24 hours before the release revocation hearing must comply with the discovery obligations as set forth in R. 3:4-2(c)(2), as well as provide defendant with (A) all statements or reports relating to evidence the State relies on to establish the violation, (B) all statements or reports relating to the factors listed in N.J.S.A. 2A:162-24 that the State relies upon to support release revocation at the hearing, and (C) all exculpatory evidence. , Timing of a Violation of Monitoring Filed by Pretrial Services., A violation of monitoring filed by the Pretrial Services Program shall be considered contemporaneously with any motion filed by the prosecutor to revoke release, to detain, or to change conditions of release, unless the court finds good cause to handle these matters separately. If no motion has been filed by the prosecutor, the court shall consider the violation of monitoring in the following situations: following the filing of new charges on a new complaint-warrant (CDR-2) or complaint-summons (CDR-1) at the defendant’s first appearance by a judge with authority to set conditions of release for the offenses charged; or following the detention of defendant on a bench warrant issued by the court, within 3 business days before the trial judge if the defendant has been indicted or before a judge with authority to set conditions of release for the offenses charged; or for defendants not in custody, at the defendant’s next scheduled court event or within twenty business days, whichever comes first. , Person Released on a Complaint-Summons or Summons on Indictment Who is Thereafter Arrested on a Warrant for a Failure to Appear., If a defendant charged on a complaint-summons or a summons on indictment is subsequently arrested on a warrant for a failure to appear in court when required, that defendant shall be eligible for release on personal recognizance or release on monetary bail by sufficient sureties at the discretion of the court. If monetary bail was not set when an arrest warrant for the defendant was issued, the court shall set monetary bail without unnecessary delay, but in no case later than 12 hours after arrest., Note:, Source -- R.R. 3:9-3(a) (b) (c); amended July 24, 1978 to be effective September 11, 1978; amended May 21, 1979 to be effective June 1, 1979; amended August 28, 1979 to be effective September 1, 1979; amended July 26, 1984 to be effective September 10, 1984; caption amended, former text amended and redesignated paragraph (a) and new paragraphs (b), (c) and (d) adopted July 13, 1994 to be effective January 1, 1995; paragraph (b) amended January 5, 1998 to be effective February 1, 1998; paragraph (d) amended July 9, 2013 to be effective September 1, 2013; paragraph (a) amended July 27, 2015 to be effective September 1, 2015; caption amended, paragraphs (a) and (b) caption and text amended, former paragraphs (c) and (d) deleted, and new paragraphs (c), (d), and (e) adopted August 30, 2016 to be effective January 1, 2017; paragraphs (b) and (d)(1) amended November 14, 2016 to be effective January 1, 2017; paragraph (a) amended December 6, 2016 to be effective January 1, 2017; paragraphs (b) and (d)(1) amended, and caption and text of paragraph (e) amended July 28, 2017 to be effective September 1, 2017; paragraphs (a) and (b) amended, subparagraph (d)(2) amended, and new subparagraph (d)(3) adopted July 27, 2018 to be effective September 1, 2018; new subparagraph (c)(3) adopted, subparagraph (d)(1) amended, and new subparagraph (d)(4) adopted September 12, 2024 to be effective November 1, 2024. Part 3
- 3:26-4-Form and Place of Deposit; Location of Real Estate; Record of Recognizances, Discharge and Forfeiture Thereof 3:26-4, Deposit of Monetary Bail., A person admitted to monetary bail or a combination of monetary bail and non-monetary conditions of pretrial release shall, together with that person's sureties, sign and execute a recognizance before the person authorized to take monetary bail or, if the defendant is in custody, the person in charge of the place of confinement. The recognizance shall contain the terms set forth in R. 1:13-3(b) and shall be conditioned upon the defendant's appearance at all stages of the proceedings until final determination of the matter, unless otherwise ordered by the court. One or more sureties may be required. Cash may be accepted and in proper cases no security need be required. A corporate surety shall be one approved by the Commissioner of Insurance and shall execute the recognizance under its corporate seal, cause the same to be duly acknowledged and shall annex thereto proof of authority of the officers or agents executing the same and of corporate authority and qualification. Monetary bail given in the Superior Court shall be deposited with the Finance Division Manager in the county in which the offense was committed, provided that upon order of the court monetary bail shall be transferred from the county of deposit to the county in which defendant is to be tried. Real estate offered as monetary bail for indictable and non-indictable offenses shall be approved by and deposited with the clerk of the county in which the offense occurred and not with the Municipal Court clerk. In any county, with the approval of the Assignment Judge, a program may be instituted for the deposit in court of cash in the amount of 10 percent of the amount of monetary bail fixed. , Limitation on Individual Surety., Unless the court for good cause otherwise permits, no surety, other than an approved corporate surety, shall enter into a recognizance or undertaking for monetary bail if there remains undischarged any previous recognizance or monetary bail undertaken by that surety. , Real Estate in Other Counties., Real estate owned by a surety located in a county other than the one in which the monetary bail is taken may be accepted, in which case the clerk of the court in which the monetary bail is taken shall forthwith transmit a copy of the recognizance certified by that clerk to the clerk of the county in which the real estate is situated, who shall record it in the same manner as if the recognizance had been taken in that clerk's county. , Record of Recognizance., The clerk of every court, except the municipal court, before which any recognizance shall be entered into shall record immediately into the Central Automated Bail System (CABS), the names of the persons entering into the recognizance, the amount thereof and the date of its acknowledgment. The Central Automated Bail System shall be kept in the clerk's office of the county in which such court shall be held, and be open for public inspection. In municipal court proceedings the record of the recognizance shall be entered in the docket book maintained by the clerk. , Record of Discharge; Forfeiture., When any recognizance shall be discharged by court order upon proof of compliance with the conditions thereof or by reason of the judgment in any matter, the clerk of the court shall enter the word "discharged" and the date of discharge at the end of the record of such recognizance. When any recognizance is forfeited, the Finance Division Manager shall enter the word "forfeited", and the date of forfeiture at the end of the record of such recognizance, and shall give notice of such forfeiture to the county counsel. When real estate of the surety located in a county other than the one in which the bail was taken is affected, the clerk of the court in which such recognizance is given shall forthwith send notice of the discharge or forfeiture and the date thereof to the clerk of the county where such real estate is situated, who shall make the appropriate entry at the end of the record of such recognizance. , Cash Deposit., When a person other than the defendant deposits cash in lieu of bond, the person making the deposit shall file an affidavit or certification concerning the lawful ownership thereof, and on discharge such cash may be returned to the owner named in the affidavit or certification. , Ten Percent Cash Bail., Except in first or second degree cases and certain crimes or offenses involving domestic violence as set forth in N.J.S.A. 2A:162-12 and unless the order setting monetary bail specifies to the contrary for good cause shown, whenever monetary bail is set pursuant to Rule 3:26-1, monetary bail may be satisfied by the deposit in court of cash in the amount of ten-percent of the amount of monetary bail fixed and defendant's execution of a recognizance for the remaining ninety percent. No surety shall be required unless the court fixing monetary bail specifically so orders. When cash equal to ten-percent of the monetary bail fixed is deposited pursuant to this Rule, if the cash is owned by someone other than the defendant, the owner shall charge no fee for the deposit other than lawful interest and shall submit an affidavit or certification with the deposit so stating and also listing the names of any other persons for whom the owner has deposited monetary bail. The person making the deposit authorized by this subsection shall file an affidavit or certification concerning the lawful ownership thereof, and on discharge such cash may be returned to the owner named in the affidavit or certification. Note: Source -- R.R. 3:9-5(a)(b)(c)(d)(e)(f)(g). Paragraph (a) amended June 29, 1973 to be effective September 10, 1973; paragraph (a) amended July 16, 1979 to be effective September 10, 1979; paragraph (g) adopted November 5, 1986 to be effective January 1, 1987; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraphs (f) and (g) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a), (b) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (g) amended February 27, 1995 to be effective immediately; paragraphs (a), (d), (e), (f) and (g) amended June 15, 2007 to be effective September 1, 2007; paragraph (g) amended July 9, 2013 to be effective September 1, 2013; paragraph (a) caption and text amended, paragraphs (b), (c) and (g) amended August 30, 2016 to be effective January 1, 2017. Part 3
- 3:26-3-Bail for Witness 3:26-3, Authority to Issue., A Superior Court judge may, on application, conduct proceedings under N.J.S.A. 2C:104-1 et seq. as to any person who can give testimony relevant to the prosecution or defense of a pending indictment, accusation, or complaint for a crime or a criminal investigation before a grand jury. , Application., The application shall be captioned in Superior Court and titled "In the Matter of (name of person alleged to be a material witness)". The application shall include a copy of the pending indictment, complaint, or accusation and an affidavit containing: (1) the name and address of the person alleged to be a material witness, (2) a summary of the facts believed to be known by the alleged material witness and the relevance to the criminal action or investigation, (3) the grounds for belief that the person has material and necessary information concerning the pending criminal action or investigation, and (4) the reasons why the alleged material witness is unlikely to respond to a subpoena. If the application requests an arrest warrant, the affidavit shall set forth why immediate arrest is necessary. , Order to Appear., If there is probable cause to support issuance of a material-witness order against the person named in the application, the court may order the person to appear at a hearing to determine whether the person should be adjudged a material witness. The order and a copy of the application shall be served personally on the alleged material witness at least 48 hours before the hearing, unless the judge adjusts the time period for good cause, and shall advise the person of: (1) the time and place of the hearing, and (2) the right to be represented by an attorney and to have an attorney appointed if the person cannot afford one. , Warrant for Immediate Detention., If there is clear and convincing evidence that the person will not be available as a witness unless immediately detained, the court may issue an order requiring that the person be brought before the court immediately. If the detention does not take place during regular court hours, the person shall be brought to the emergency-duty Superior Court judge. The judge shall inform the person: (1) the reason for detention, (2) the time and place of the hearing to determine whether the person is a material witness, and (3) that the person has a right to an attorney and to have an attorney appointed if the person cannot afford one. The judge shall set conditions for release, or, if there is clear and convincing evidence that the person will not be available as a witness unless detention is continued, the judge may order the person held until the material-witness hearing, which shall take place as soon as practicable but no later than 48 hours after detention. , Detention Without Prior Court Authorization., Where a law enforcement officer has detained an alleged material witness without prior court authorization, the law enforcement officer shall immediately bring the person before a Superior Court judge. If the detention does not take place during regular court hours, the person shall be brought to the emergent duty Superior Court judge. The judge shall determine whether there is probable cause to believe that the person is a material witness of a crime and, if an indictment, accusation, or complaint for that crime has not issued or if a grand jury has not commenced a criminal investigation of that crime, the judge shall determine whether there is probable cause to believe that, within 48 hours of the detention, an indictment, accusation, or complaint will issue or a grand jury investigation will commence. The judge will then proceed as if an application for an order had been made under paragraph (b). , Material Witness Hearing., At the material-witness hearing, the person shall have the rights: (1) to be represented by an attorney and to have an attorney appointed if the person cannot afford one, (2) to be heard and to present witnesses and evidence, and (3) unless otherwise sealed by the court for exceptional circumstances, to have all of the evidence in support of the application, and (4) to confront and cross-examine witnesses. If there is probable cause to believe that the person possesses information material to the prosecution of a pending criminal action and is unlikely to respond to subpoena, the judge shall: (1) set forth findings of facts on the record, and (2) set the conditions of release of the material witness. , Conditions of Release or Detention., Conditions of release for a material-witness or for a person held on an application for a material-witness order shall be the least restrictive to effect the order of the court including but not limited to: (1) placing the witness in the custody of a designated person or organization agreeing to supervise the person; (2) restricting the travel, association, or place of abode of the person during the period of detention; (3) requiring the person to report; (4) setting bail, or (5) imposing other reasonable restrictions on the material witness. No person may be detained unless the judge finds, by clear and convincing evidence, that detention is the only method that will secure the appearance of the material witness. A person detained as a material witness or pending a material-witness hearing shall be lodged in appropriate quarters and shall not be held in a jail or prison. , Deposition., The prosecutor, defendant, or material witness may apply to the Superior Court for an order directing that a deposition be taken to preserve the witness's testimony, for use at trial if the witness becomes unavailable, as provided by Rule 3:13- 2. After a deposition has been taken, the judge shall vacate the material-witness order and impose the least restrictive conditions to secure the appearance of the material witness. , Reconsideration of Material Witness Order., On motion of the material witness, prosecutor, or defendant, a material witness order may be reconsidered at any time by the court that entered the order. Note: Source -- R.R. 3:9-4. First paragraph re-designated paragraph (a) and paragraphs (b), (c), (d), (e), (f) and (g) added July 14, 1992 to be effective September 1, 1992; paragraph (g) amended July 13, 1994 and December 9, 1994, to be effective January 1, 1995; paragraphs (a), (b), (c) and (d) amended, former paragraphs (e), (f), and (g) amended and redesignated as paragraphs (f), (g), and (h), and new paragraphs (e) and (i) adopted July 10, 1998 to be effective September 1, 1998. Part 3
- Deputy Court Administrator Part-Time - Medford
- a3473-23.pdf
- Appendix XXVII-B-Self-Represented Litigant Certification of Notification of Complementary Dispute Resolution (CDR) Alternatives Appendix XXVII-B CN 10889, APPENDIX XXVII-B pdf, Appendix
- 3:25A-2-Order of Disposition; Filing 3:25A-2 Every disposition made pursuant to R. 3:25A-1 shall be set forth in an order or judgment which shall be filed in the county where such disposition is made and the county where the matter was pending. Unless the disposition is set aside, all subsequent proceedings shall be had in the county where such disposition was made, and copies of all orders and judgments entered in connection therewith shall be filed there. Note: Adopted July 17, 1975 to be effective September 8, 1975. Part 3
- a1777-23.pdf