- 4:74-7B-Discovery By a Person Subject to Involuntary Commitment Pursuant to the Sexually Violent Predator Act 4:74-7B Any rule, regulation, or policy of confidentiality notwithstanding, a person subject to involuntary commitment pursuant to the New Jersey Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38, and the person’s counsel, shall have the right to inspect and copy the following documents, no later than ten days before the court hearing with respect to the issue of continuing need for involuntary commitment as a sexually violent predator: all documents in the possession, custody, or control of the State relating to the person’s criminal history; all documents in the possession, custody, or control of the State relating to the person’s incarceration; all documents in the possession, custody, or control of the State relating to the person’s treatment, if any; all documents in the possession, custody, or control of the State relating to the basis for the State’s application for the person’s civil commitment pursuant to N.J.S.A. 30:4-27.29 to -27.32; if the person is subject to an annual review hearing pursuant to N.J.S.A. 30:4-27.35, all documents in the possession, custody, or control of the State relating to the person’s treatment and conduct while committed to a facility designated for the custody, care, and treatment of sexually violent predators; the name and address of each person whom the State expects to call at the civil commitment court hearing as an expert witness, the expert’s qualifications, and a copy of the expert’s report. The State may supplement its expert psychiatrist’s report when an examination is conducted “as close to the court hearing date as possible, but in no event more than five calendar days prior to the court hearing,” pursuant to N.J.S.A. 30:4-27.30(b). Any such supplemental report must be served no later than two calendar days before the court hearing. In the expert’s report, the expert shall state the opinion, explain the basis for that opinion, identify any diagnosis relevant to the opinion and the basis for that diagnosis, identify any risk assessment instrument that the expert has used in the evaluation of the person, explain the manner in which the risk assessment instrument was used in the particular case, address any relevant static and dynamic factors, and summarize any findings with respect to the likelihood that the person will engage in acts of sexual violence if not confined to a secure facility for control, care, and treatment. If the person whom the State seeks to civilly commit pursuant to the Sexually Violent Predator Act seeks discovery in addition to the discovery set forth above, the person must proceed by motion on notice to the State, which motion shall be granted only on a showing of exceptional circumstances., Note:, Adopted September 9, 2020 to be effective September 10, 2020. Part 4
- 4:74-9-Fixing Time and Place of Birth of Person of Unknown Parentage 4:74-9, Complaint., An application pursuant to N.J.S.A. 26:8-40.2 et seq., to fix the time and place of birth in this State of a person of unknown parentage shall be made by the verified complaint of such person or by a guardian ad litem on the person's behalf, filed in the office of the deputy clerk of the Superior Court in the county of venue, entitled "In the matter of application of __________ (using the name by which the person is then known) to fix the time and place of birth", and alleging that such person was found in this State as a child; that the person's parentage and the place and time of birth are unknown; the place where, the time when, and the circumstances under which the person was found, the person's probable age at that time and the probable date of birth; the place or places where such person has resided since being found and now resides; and that such person has not been guilty of any of the acts specified in N.J.S.A. 26:8-40.5. , Notice; Hearing., Upon the filing of the complaint, the court shall fix a time and place for hearing thereon and, if such person is of the supposed age of 12 years or over, shall give not less than 20 days' notice of the time and place so fixed to the United States District Attorney for the District of New Jersey. At the hearing the court shall take oral testimony and, if satisfied as to the truth of the allegations of the complaint, shall enter judgment accordingly., Note:, Source – R.R. 5:2-10(a)(b). Paragraph (a) amended July 22, 1983 to be effective September 12, 1983; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended June 28, 1996 to be effective September 1, 1996. Part 4
- 4:74-8-Notice of Appeal From Wage Collection Section 4:74-8 The notice of appeal from any judgment obtained in the Wage Collection Section of the Wage and Hour Bureau of the Department of Labor and Workforce Development shall be filed in the office of the deputy clerk of the Superior Court in the county in which the subject employment is located and shall briefly describe the judgment and state that the party appeals therefrom. Either party may bring on the hearing of the appeal upon 10- days' notice to the other party., Note:, Source – R.R. 5:2-9. Amended November 22, 1978 to be effective December 7, 1978; amended July 22, 1983 to be effective September 12, 1983; amended June 28, 1996 to be effective September 1, 1996; amended July 27, 2006 to be effective September 1, 2006. Part 4
- 4:74-4-Appeal From Judgment of a Municipal Court for Confiscation or Forfeiture of a Chattel 4:74-4 Appeals from proceedings in a municipal court for the confiscation or forfeiture of a chattel shall be taken to the Superior Court, Law Division, insofar as practicable, in accordance with R. 4:74-3., Note:, Source – R.R. 5:2-6(c) (second sentence). Amended November 22, 1978 to be effective December 7, 1978; amended July 28, 2004 to be effective September 1, 2004. Part 4
- 4:74-10-Money Judgments Rendered In Special Proceedings 4:74-10 When a money judgment is rendered in a proceeding referred to in R. 4:74 the deputy clerk of the Superior Court in the county of venue shall forthwith enter the judgment in the Civil Docket pursuant to R. 4:47. Upon payment by the proponent of the judgment of the fee prescribed by N.J.S.A. 22A:2-7, the judgment shall be entered in the Civil Judgment and Order Docket in accordance with R. 4:101-2., Note:, Adopted July 11, 1979 to be effective September 10, 1979; amended June 28, 1996 to be effective September 1, 1996. Part 4
- 4:74-5-Appeals From Municipal Court Judgments In Civil Actions 4:74-5 Appeals from judgments of a municipal court in a civil action shall be taken, unless otherwise provided by rule and insofar as practicable, in accordance with R. 4:74-3., Note:, Source – R.R. 5:2-6(d). Part 4
- 4:80-1-Application 4:80-1, Contents., Unless a complaint for probate is filed with the Superior Court pursuant to R. 4:83, an application for the probate of a will, for letters testamentary, letters of administration, letters of administration of non-resident estates in which administration has not been sought in the decedent's state of residence, letters of administration with the will annexed, letters of administration ad prosequendum, letters of substitutionary administration and letters of substitutionary administration with the will annexed shall be filed with the Surrogate's Court, stating: (1) the applicant's residence; (2) the name and date of death of the decedent, his or her domicile at date of death and date of the last will, if any, of decedent; (3) the names and addresses of the spouse, heirs, next of kin and other persons, if any, entitled to letters, and their relationships to decedent, and, to the best of the applicant's knowledge and belief, identifying any of them whose names or addresses are unknown and stating further that there are no other heirs and next of kin; (4) the ages of any minor heirs or minor next of kin; and in an application for probate of a will, whether the testator had issue living when the will was made, and whether he or she left any child born or adopted thereafter or any issue of such after-born or adopted child, and the names of after-born or adopted children since the date of the will, or their issue, if any. The applicant shall verify under oath that the statements are true to the best of the applicant's knowledge and belief. , Certificates, Affidavits Accompanying the Application., Except in an application for substitutionary letters, the application shall be accompanied by a certificate of death or other competent proof thereof, unless for good cause dispensed with; and in all applications where a bond is required of the person applying for letters, the application shall be accompanied by an affidavit of the value of the personal estate. , Filing., The application for the probate of a will or for letters of administration shall be filed with the Surrogate's Court of the county in which the decedent was domiciled at death, or if at that time the decedent was not domiciled in this State, then with the Surrogate's Court of any county in which the decedent left any property or into which any property belonging to the decedent's estate may have come. , Recording., The application shall be recorded by the Surrogate's Court. , Voluntary Discharge., A personal representative for an estate who is unwilling or unable to perform the duties and powers of the office may file for voluntary discharge with the Surrogate’s Court of the county that granted the personal representative’s letters. A voluntary discharge filing shall include the following: A Request for Voluntary Discharge of Personal Representative form, in such form as promulgated by the Administrative Director of the Courts, containing the following information: The name of the personal representative seeking to be discharged, and the representative’s address where future pleadings involving the estate can be served; The name and address of every party in interest to the estate, and a description of that party’s interest; A statement by the personal representative that every party in interest to the estate as listed pursuant to subparagraph (ii) above, or the guardian or other legal representative of any minor or incapacitated party in interest, has consented to the voluntary discharge of the personal representative, as well as to a waiver of the additional requirement that the personal representative file a verified final account with the Chancery Division, Probate Part for adjudication, showing the true condition of the estate, in order to release any sureties on the personal representative’s bond; and A statement that the personal representative’s voluntary discharge is not intended to impair the rights of any party in interest or any creditor of the estate. The written, notarized consent of every party in interest as listed pursuant to subparagraph (A)(ii) above, or that of any minor or incapacitated party’s guardian or other legal representative, to the voluntary discharge of the personal representative and to the waiver of the filing of a verified final account with the Chancery Division, Probate Part for adjudication, showing the true condition of the estate, in order to release any sureties on the personal representative’s bond. A voluntary discharge filing shall be accompanied by an application completed by another person to be appointed as a successor or substitute personal representative for the estate. If all parties in interest to the estate do not consent to waiving the additional requirement that the personal representative file a verified final account showing the true condition of the estate pursuant to paragraph (1) above, a verified final account shall be filed with the Chancery Division, Probate Part for adjudication. Any sureties on the bond of the personal representative shall not be released until a final judgment has been rendered on the verified final account of the estate. Notwithstanding any consent by every party in interest to waive the requirement of a verified final account of an estate, a creditor of that estate whose interest has not been satisfied may petition the Superior Court for an accounting of the estate. A personal representative shall be discharged from the further performance of the duties and powers of the office, and the personal representative’s letters revoked, upon the approval by the Surrogate’s Court of the personal representative’s voluntary discharge filing. The personal representative shall account for and pay over the money and assets with which the personal representative is chargeable by virtue of the office to the successor or substitute personal representative. A personal representative who is voluntarily discharged from the office pursuant to an approved voluntary discharge filing shall not be entitled to any statutory commissions relating to the performance of the duties and powers of that office., Note:, Source – R.R. 4:99-1, 5:3-2; caption of rule, and text of paragraphs (a) and (b) amended, new paragraph (c) adopted, and former paragraph (c) redesignated as paragraph (d) and amended June 29, 1990 to be effective September 4, 1990; paragraph (a) amended June 28, 1996 to be effective September 1, 1996; new paragraph (e) adopted July 31, 2020 to be effective September 1, 2020. Part 4
- 4:80-3-Renunciation By or Notice to Next of Kin and Others 4:80-3 If the application for the letters specified in R. 4:80-1(a) (except letters testamentary) is made to the Surrogate's Court by the person first entitled thereto, no renunciation or notice shall be required; but if the application is made by any other person, the applicant shall file: The renunciation, acknowledged before an officer qualified to take acknowledgments of deeds, of all competent adult persons whose right to the letters is prior or equal to that of the applicant, containing a request that the letters issue according to the application; or proof that at least 10 days' notice of the application has been given to all such persons residing in this State who have not renounced, and that at least 60 days' notice, or such notice (not less than 10 days in length) as the Surrogate's Court by order may have directed, has been given to all of them who reside outside this State. If in an application for letters of administration with the will annexed, it appears that the decedent left a will naming an executor who has not renounced, proof shall be submitted showing that like notice has been given to the executor. In any case the Surrogate's Court may require the applicant to give notice to interested persons other than those entitled to letters. Such notice may be served either as prescribed by R. 4:4-4 or by registered or certified mail return receipt requested to the person's last known address. If the name or address of any such person entitled to notice is not known, then an affidavit of inquiry as to such name or address, made as prescribed by R. 4:4-5(b) shall be filed in lieu of proof of notice. In addition to the proofs required in paragraphs (a) and (b) of this rule, if the application for letters of administration shows that there are no known next of kin or knowledge thereof, the applicant shall file proof that at least 20 days' notice of the application has been given to the Attorney General of this State. All renunciations shall be recorded by the Surrogate's Court. , Note:, Source – R.R. 4:99-3. Amended July 26, 1984 to be effective September 10, 1984; former caption and text of R. 4:80-3 deleted, introductory text and paragraphs (a), (b) and (c) of former R. 4:80-4 amended, paragraph (d) adopted, and rule redesignated June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended July 23, 2010 to be effective September 1, 2010. Part 4
- 4:80-2-Proof of Will: Nonresident or Deceased Witnesses 4:80-2, Depositions of Nonresident Witnesses., If any subscribing witness to a will of any person resident or nonresident in this State, at death resides or is out of the State, the Surrogate's Court may issue a commission with a photocopy of the will attached authorizing the taking of the deposition of the witness in the form of a witness-proof. The commission may be directed to any person before whom depositions may be taken under R. 4:12-2 and 4:12-3, or to the Surrogate or Deputy Surrogate of any county of this State, who shall take the proofs under oath and certify to the taking of the same. , Deceased Witnesses., If all witnesses are deceased, the signature of each such witness may be proved by one person, and the same person may prove all signatures. Proof of death of the attesting witnesses may be made by affidavit without producing certified copies of death certificates., Note:, Source – R.R. 4:99-2, 5:4-2. Paragraph (a) amended July 26, 1984 to be effective September 10, 1984; paragraphs (a) and (b) amended June 29, 1990 to be effective September 4, 1990. Part 4
- 4:80-6-Notice of Probate of Will 4:80-6 Within 60 days after the date of the probate of a will, the personal representative shall cause to be mailed to all beneficiaries under the will and to all persons designated by R. 4:80-1(a)(3), at their last known addresses, a notice in writing that the will has been probated, the place and date of probate, the name and address of the personal representative and a statement that a copy of the will shall be furnished upon request. Proof of mailing shall be filed with the Surrogate within 10 days thereof. If the names or addresses of any of those persons are not known, or cannot by reasonable inquiry be determined, then a notice of probate of the will shall be published in a newspaper of general circulation in the county naming or identifying those persons as having a possible interest in the probate estate. If by the terms of the will property is devoted to a present or future charitable use or purpose, like notice and a copy of the will shall be mailed to the Attorney General., Note:, Source – R.R. 4:99-7; former R. 4:80-8 amended and rule redesignated June 29, 1990 to be effective September 4, 1990. Part 4
- 4:80-9-Testamentary Trustee 4:80-9 If a trustee is named in or pursuant to a will duly admitted to probate or a successor trustee under a will has been appointed, the trustee shall, before exercising the authority vested by the will or the appointment, accept the trusteeship as provided by R. 4:96-1. The acceptance shall recite the names and addresses of the trustees and the persons interested in the trust and shall identify their interests. Upon the filing of the acceptance and the power of attorney required by N.J.S.A. 3B:14-47, letters of trusteeship shall be issued by the Surrogate's Court. No application, judgment or order for the issuance of letters shall be required., Note:, Source – R.R. 4:100-1. Amended July 7, 1971 to be effective September 13, 1971; amended July 26, 1984 to be effective September 10, 1984; former R. 4:81-1 amended and rule redesignated June 29, 1990 to be effective September 4, 1990; amended July 5, 2000 to be effective September 5, 2000. Part 4
- Plea-05 Supplemental Plea Form for Certain Sexual Offenses (Megan’s Law/Parole Supervision for Life/Community Supervision for Life) CN: 10080 Translations Available Translation exists logo.
- Notice of Appeal CN: 10502 Translations Available Translation exists logo.
- 7:74-7A-Civil Commitment-Minors 7:74-7A, Definitions., , Minor., A minor is any person who has not yet reached the age of eighteen. , Childhood Mental Illness., Childhood mental illness means a current substantial disturbance of thought, mood, perception, or orientation which differs from that which is typical of children of a similar developmental stage, and which significantly impairs judgment, behavior, or capacity to recognize reality when also compared with children of a similar developmental stage. A seizure disorder, a developmental disability, organic brain syndrome, a physical or sensory handicap, or a brief period or periods of intoxication caused by alcohol or other substances is not sufficient by itself to meet the criteria for childhood mental illness. , Dangerous to Self, Others or Property., The definitions in N.J.S.A. 30:4-27.2h and -27.2i shall apply to minors. With respect to a minor under 14 years of age, dangerous to self shall also mean that there is a substantial likelihood that the failure to provide immediate, intensive, institutional, psychiatric therapy will create in the reasonably foreseeable future a genuine risk of irreversible or significant harm to the child arising from the interference with or arrest of the child's growth and development and, ultimately, the child's capacity to adapt and socialize as an adult. , Children's Crisis Intervention Service., Children's crisis intervention service means a community-based acute care inpatient psychiatric service designated by the Commissioner of the Department of Human Services to provide assessment, crisis stabilization, evaluation and treatment to children in need of involuntary commitment or eligible for parental admission or voluntary admission. , Applicability., All provisions of R. 4:74-7 (Civil Commitment-Adults) shall be applicable to the commitment of minors, except as follows: The certificates required by R. 4:74-7(b) shall state with particularity the facts upon which the psychiatrist, physician or mental health screener relies in concluding that (a) the minor suffers from childhood mental illness, (b) the childhood mental illness causes the minor to be dangerous to self or others or property as defined in R. 4:74-7A(a)(3), and (c) the minor is in need of intensive psychiatric treatment that can be provided at a psychiatric hospital, special psychiatric hospital or children's crisis intervention service and which cannot be provided in the home, the community or on an outpatient basis. The order of temporary commitment prescribed by R. 4:74-7(c) shall fix a date certain for the commitment hearing within 14 days after the initial inpatient admission to the facility, which date shall not be subject to adjournment except that in exceptional circumstances and for good cause shown in open court and on the record, the hearing may be adjourned for a period of not more than seven days. Notice shall be served not less than five days prior to the hearing. A guardian ad litem, other than the applicant for the commitment, shall be appointed to represent the patient. If the court, for good cause shown, appoints a guardian ad litem who is not an attorney, counsel for the guardian ad litem shall also be appointed. The guardian ad litem shall, unless relieved by court order, continue to represent the minor in respect of all matters arising under this rule until the minor is either released or reaches majority. Assigned counsel and guardian ad litem fees shall be fixed by the court after hearing and paid pursuant to R. 4:74-7(i). A final order of commitment pursuant to R. 4:74-7(f) may be entered if the court finds that either: a minor fourteen years of age or older (a) suffers from childhood mental illness, (b) that the childhood mental illness causes the minor to be dangerous to self or others or property as defined by N.J.S.A. 30:4-27.2h and -27.2i and (c) that the minor is in need of intensive psychiatric treatment that can be provided at a psychiatric facility, special psychiatric hospital, or children's crisis intervention service and which cannot be provided in the home, the community or on an outpatient basis; or a minor under fourteen years of age (a) suffers from childhood mental illness, (b) that the childhood mental illness causes the minor to be dangerous to self or others or property as defined by R. 4:74-7A(a)(3) and (c) that the minor is in need of intensive psychiatric treatment that can be provided at a psychiatric facility, special psychiatric hospital, or children's crisis intervention service and which cannot be provided in the home, the community or on an outpatient basis. The commitment shall be judicially reviewed no later than every three months from the date of its last entry until the minor is discharged or reaches the age of 18. The hearings on an application to convert to voluntary status pursuant to R. 4:74-7(g) shall be held within 14 days rather than the 20 days prescribed for adults. Any and all provisions relating to involuntary commitment to outpatient treatment. , Voluntary Admission., Irrespective of whether the standard of involuntary commitment stated by this rule is met, any minor 14 years of age or over may request admission to a psychiatric facility, special psychiatric hospital, or children's crisis intervention service provided the court on a finding that the minor's request is informed and voluntary, enters an order approving the admission. If an order approving a voluntary admission of a minor is entered, the minor may discharge himself or herself from the facility in the same manner as an adult who has voluntarily admitted himself or herself. An order approving a voluntary admission shall be reviewable as provided by paragraph (b)(5) of this rule, however, said review may be summary. , Parental Admission and Discharge., , Admission., This rule shall not be construed to require any court procedure or approval for the admission of a minor by the minor's parent, parents, or other person in loco parentis to a psychiatric facility, special psychiatric hospital, or children's crisis intervention service for the evaluation or diagnosis of a childhood mental illness provided the admission is independently approved by a physician on the staff of the facility and does not exceed seven days. If further hospitalization is then required, the applicant shall proceed in accordance with R. 4:74-7(e). If an application for commitment is made during such admission, the final hearing shall be held within 14 days of the initial inpatient admission to the facility, adjournable only in accordance with paragraph (b)(2) of this rule. , Discharge., The admitting parent or other person in loco parentis shall have the right to have the minor discharged upon oral or written request. The psychiatric facility, special psychiatric hospital, or children's crisis intervention service shall discharge the minor as soon as practicable but no later than 48 hours after the request unless the facility obtains a temporary order of commitment., Note:, New rule relating to the commitment of minors adopted January 22, 1997 to be effective March 1, 1997; new subparagraph (b)(7) adopted July 10, 2012 to be effective August 1, 2012. Part 4
- Myaskovaya vs Monsanto – Consent Order to Reinstate
- Appellate Division Parts List
- JERSEY SHORE BEACH AND BOARDWALK CO. INC., ET AL. VS. BOROUGH OF KEANSBURG, ET AL. (C-000048-19, MONMOUTH COUNTY AND STATEWIDE) A-0621-23 Appellate Dec. 10, 2024
- a0621-23.pdf
- Judges' Chambers Listing
- Sept. 4 -