- Self-Help, Get resources for legal forms, self-help kits, and court information for representing yourself in a court case, finding court records, managing small claims, landlord-tenant disputes, and more. NJ Courts Self Help Info Panels Adobe Reader is required to use our forms. Download forms to your device before completing and submitting., How do I ..., Contact a local customer service representative Upload a case filing Upload an evidence file Request an interpreter Ask for ADA accommodations Report judicial misconduct Represent Yourself in Court Get an overview of our self-help resources, court offices, and people who can help. File Court Documents Online (JEDS) JEDS allows you to submit documents and records requests online. Getting Court Records Find records for closed cases, clear your juvenile or criminal record, or remove a judgment lien from your credit report. Legal Resources Read the Rules of Court, get an overview of the NJ Courts, and find other information to help prepare for court. Lawsuits for $5000 or less Find forms and instructions for filing or defending small claims cases, including cases arising from auto accidents. For security deposit claims, the limit is $5,000. Lawsuits for $20k or less Find forms and instructions for filing or defending special civil cases, including “DC”-docket cases involving unpaid bills. Lawsuits more than $20k Find forms and instructions for filing or defending lawsuits for larger amounts of money. Judgment Liens How to collect court-awarded money damages or satisfy a judgment filed against you. Landlord/Tenant Court Evictions, security deposit returns, rental disputes, and mediation. Foreclosures Don’t ignore a foreclosure notice. Help is available for homeowners in foreclosure. Guardianship of Incapacitated Adults Forms and instructions to name a guardian for adults who need help to make financial or other important decisions on their own. Name Changes Forms for adult name changes. Divorce and Related Issues Information and forms for dissolving a marriage and establishing or revising support or custody arrangements. Child Support and Custody for Unmarried Parents Establishing and revising child support or custody for parents who were never married. Domestic Violence Information for victims of violence in dating and domestic relationships. Firearm Removal Extreme risk protective orders can provide protection by requiring certain persons to temporarily give up their guns. Recovery Court Help for defendants whose addictions have led to contact with the courts. Municipal Court Tools and resources for your municipal court case. Tax Court File appeals of state and property tax assessments. Appeals Tools and information for appealing decisions at every court level, including Municipal, Superior, Tax and Appellate Division decisions. Search Forms Catalog View the full catalog of forms, self-help kits, brochures, and other publications.
- Housing, Legal, and Utilities Assistance During COVID-19, Find resources for tenants and landlords. Rental Assistance Is Available to Help Tenants and Landlords You might qualify for rental assistance, even if you are not facing eviction. There are many state, county, and municipal programs that can help you during the COVID-19 crisis. Each program has its own rules for who is eligible. Here is a list of resources for you to contact. We will update this page as we learn of more programs. You might also qualify for assistance with utilities. More information is available through the New Jersey Board of Public Utilities New Jersey Board of Public Utilities and the Department of Community Affairs Department of Community Affairs ., Statewide, COVID-19 Emergency Rental Assistance Phase II Enrollment COVID-19 Emergency Rental Assistance Phase II Enrollment Landlord Tenant Legal Information and Community Resources Webinar 8-5-21 Landlord Tenant Legal Information and Community Resources Webinar 8-5-21 NJ Department of Community Affairs, Division on Housing and Community Resources NJ Department of Community Affairs, Division on Housing and Community Resources Emergency Rental Assistance Program Emergency Rental Assistance Program New legislation effective August 4, 2021 allows certain eligible residential tenants to have their landlord tenant case dismissed if they submit a certification provided by the Department of Community Affairs. Landlords can request reinstatement of a complaint that has been dismissed. More information, and the certification form is available at NJ Covid-19 Information Eviction Prevention Information https://covid19.nj.gov/pages/renter . While tenants could be protected from eviction, they still must pay their rent. This Information and Resources for Landlords and Tenants flyer provides important information about landlord tenant cases during COVID-19 , including links to resources., Atlantic County, Atlantic County Improvement Authority Short-Term Rental and Mortgage Assistance Program Atlantic County Improvement Authority Short-Term Rental and Mortgage Assistance Program Main Number call 609-343-2390, Bergen County, Bergen County's Emergency Rental and Utility Assistance Program Bergen County CARES Act Program for Rental and Landlord Assistance Funds call 855-203-6952 Monday-Friday 9am to 5pm. How to Apply for Assistance | Bergen County Board of Social Services, NJ – Board of Social Services (bcbss.com) How to Apply for Assistance | Bergen County Board of Social Services, NJ – Board of Social Services (bcbss.com), Camden County, Camden County RECOVERS Emergency Rental Assistance Program Camden County RECOVERS Rental Assistance Grant Questions call 856-389-6704, Essex County, Essex County Housing and Community Development CARES Mortgage Assistance Program Essex County Housing and Community Development CARES Mortgage Assistance Program Questions call 973-655-0200, Gloucester County, Emergency Rental Assistance Emergency Rental Assistance Questions call 856-336-3700, Hudson County, Emergency Rental Assistance Hudson County CARES II Eviction Prevention Program Questions call 201-395-4799, Mercer County, Hamilton Township Only:, Hamilton Township Mortgage and Rental Assistance Program Questions call 609-396-9355 x16, Middlesex County, Middlesex County COVID-19 Emergency Rental Assistance Program Middlesex County COVID-19 Emergency Rental Assistance Program Main Number 732-745-4230, Monmouth County, Monmouth Emergency Rental Assistance Flyer Emergency Rental Assistance Flyer Questions call Family Promise of Warren County 848-801-1297, Passaic County, Passaic County Rental Assistance Program Passaic County Rental Assistance Program Questions call Family Promise of Warren County 862-657-5797, Somerset County, Somerset County Emergency Rental Relief Program Somerset County Emergency Rental Relief Program Questions call 908-541-5756, Warren County, Family Promise of Warren County Family Promise of Warren County Questions call Family Promise of Warren County 908-453-2194 or Family Promise of Warren County 908-857-2104, Legal Assistance and Guidance During COVID-19, Do not ignore a court notice or eviction warning. Certain laws have been enacted to provide additional legal resources during COVID-19. You might be able to receive legal guidance and even legal representation from these organizations. Legal Services of New Jersey Legal Services of New Jersey Volunteer Lawyers for Justice Tenancy Program Volunteer Lawyers for Justice Tenancy Program 9739434754 973-943-4754
- New Jersey Rules of Evidence, NOTE: Including all amendments effective through July 1, 2024. ARTICLE I General Provisions General Provisions ARTICLE II Judicial Notice Judicial Notice ARTICLE III Presumptions Presumptions ARTICLE IV Relevancy And Its Limits Relevancy And Its Limits ARTICLE V Privileges Privileges ARTICLE VI Witnesses Witnesses ARTICLE VII Opinions And Expert Testimony Opinions And Expert Testimony ARTICLE VIII Hearsay Hearsay ARTICLE IX Authentication And Identification Authentication And Identification ARTICLE X Contents Of Writing And Photographs Contents Of Writing And Photographs ARTICLE XI Miscellaneous Rules Miscellaneous Rules
- Article I. General Provisions, N.J.R.E. 101. Applicability; Exceptions; Definitions., (a) Applicability; Exceptions., (1) , Applicability, . Except as provided by paragraph (a)(3), these rules of evidence shall apply in all proceedings, whether civil, criminal, family, municipal, tax, or any other proceeding conducted by or under the supervision of a court. (2), Privileges. , —, , The provisions of Rule 500 (privileges) shall apply, without relaxation, to all proceedings and inquiries, whether formal, informal, public or private, and to all branches and agencies of government. (3), Relaxation. , — Except as provided by subparagraph (a)(2) of this rule, these rules may be relaxed in the following instances to admit relevant and trustworthy evidence in the interest of justice: (A) actions within the cognizance of the Small Claims Section of the Special Civil Part of the Superior Court, Law Division, and the Small Claims Division of the Tax Court whether or not the action was instituted in a Small Claims Section or Division; (B) in accordance with a statutory provision; (C) proceedings in a criminal or juvenile delinquency action in which information is presented for the court’s use in exercising a sentencing or other dispositional discretion, including bail and pretrial intervention and other diversionary proceedings; (D) to the extent permitted by law, proceedings to establish probable cause, including grand jury proceedings, probable cause hearings, and ex parte applications; (E) proceedings to determine the admissibility of evidence under these rules or other law. (4), Administrative Proceedings., — Except as otherwise provided by subparagraph (a)(2) of this rule, proceedings before administrative agencies shall not be governed by these rules. (5), Undisputed Facts., — If there is no bona fide dispute between the parties as to a relevant fact, the court may permit that fact to be established by stipulation or binding admission. In civil proceedings the court may also permit that fact to be proved by any relevant evidence, and exclusionary rules shall not apply, except Rule 403 or a valid claim of privilege. (6), Affidavit in Lieu of Testimony. , — These rules shall not be construed to prohibit the use of an affidavit in lieu of oral testimony to the extent permitted by law., (b) Definitions. —, As used in these rules, the following terms shall have the meaning hereafter set forth unless the context otherwise indicates: (1) “Burden of persuasion” means the obligation of a party to meet the requirements of a rule of law that the fact be proved by a preponderance of the evidence, by clear and convincing evidence, beyond a reasonable doubt, or such other standard as required by law. (2) “Burden of producing evidence” means the obligation of a party to introduce evidence when necessary to avoid the risk of a judgment or peremptory finding against that party on an issue of fact. (3) “Writing” has the meaning given in the definition contained in Rule 801(e). (4) “Public Official” has the meaning given in the definition contained in Rule 801(f). (5) “Statement Under Oath” means a statement made under penalty of perjury whether by oath, affirmation, or declaration., (c) Repeal. , — The adoption of these rules of evidence shall not operate to repeal any existing statute by implication. However, where an existing statute has been expressly superseded pursuant to N.J.S.A. 2A:84A-40 by an official note heretofore or hereafter appended to a rule of evidence, such statute shall have no further force or effect., NOTE:, Adopted September 15, 1992 to be effective July 1, 1993; paragraph (b)(2); amended September 15, 2004 to be effective July 1, 2005; caption revised, former paragraph (a)(1) redesignated as (a)(2), former paragraph (a)(2); amended and redesignated as (a)(1) and (a)(3), former paragraphs (a)(3) and (a)(4); amended and redesignated as (a)(4) and (a)(5), former paragraph (a)(5) redesignated as (a)(6), paragraph (b)(1); amended, and new paragraphs (b)(4) and (b)(5) adopted September 16, 2019 to be effective July 1, 2020., N.J.R.E. 102. Purpose and Construction., These rules shall be construed to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination., NOTE:, Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 103. Rulings on Evidence [Not Adopted]., N.J.R.E. 104. Preliminary Questions, (a) In General., (1) The court shall decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible. In so deciding, the court is not bound by evidence rules, except those on privilege and Rule 403. (2) The court may hear and determine such matters out of the presence or hearing of the jury., (b) Relevance That Depends on a Fact., (1) When the relevance of evidence depends on whether a fact or condition exists, proof must be introduced sufficient to support a finding that the fact or condition does exist. The court may admit the proposed evidence on the condition that the proof be introduced later. (2) In such cases the court shall instruct the jury to consider the issue of the existence of the fact and to disregard the evidence if it finds that fact does not exist. The jury shall be instructed to disregard the evidence if the court subsequently determines that a jury could not reasonably find the existence of the fact., (c) Preliminary Hearing on Admissibility of Defendant's Statements in Criminal Cases., (1) If the hearing involves the admissibility of defendant's statements, the court shall conduct such hearing out of the presence of the jury. (2) In such a hearing the rules of evidence shall apply and the burden of persuasion as to the admissibility of the statement is on the prosecution. If the court admits the statement the jury shall not be informed of the finding that the statement is admissible but shall be instructed to disregard the statement if it finds that it is not credible. If the court subsequently determines from all of the evidence that the statement is not admissible, the court shall take appropriate action., (d) Cross-Examining a Defendant in a Criminal Proceeding., By testifying on a preliminary matter, a defendant in a criminal proceeding does not become subject to cross-examination on other issues in the case., (e) Evidence Relevant to Weight and Credibility., This rule does not limit a party's right to introduce, before the trier of fact, evidence relevant to the weight or credibility of other evidence. , NOTE:, Adopted September 15, 1992 to be effective July 1, 1993; paragraphs (a) captions and text amended and portions redesignated as paragraphs (a)(1) and (2), paragraph (b) captions and text amended and portions redesignated as paragraphs (b)(1) and (2), paragraph (c) captions and text amended and portions redesignated as paragraphs (c)(1) and (2), paragraphs (d) and (e) captions and text amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 105. Limited Admissibility., When evidence is admitted as to one party or for one purpose but is not admissible as to another party or for another purpose, the court, upon request, shall restrict the evidence to its proper scope and shall instruct the jury accordingly, but may permit a party to waive a limiting instruction., NOTE:, Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 106. Remainder of or Related Writings or Recorded Statements., If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part, or any other writing or recorded statement, that in fairness ought to be considered at the same time., NOTE:, Adopted September 15, 1992 to be effective July 1, 19933; amended September 16, 2019 to be effective July 1, 2020.
- Article II. Judicial Notice, N.J.R.E. 201. Judicial Notice of Law and Adjudicative Facts, (a) Notice of Law., Law which may be judicially noticed includes the decisional, constitutional and public statutory law, rules of court, and private legislative acts and resolutions of the United States, this state, and every other state, territory and jurisdiction of the United States as well as ordinances, regulations and determinations of all governmental subdivisions and agencies thereof. Judicial notice may also be taken of the law of foreign countries., (b) Notice of Facts., The court may judicially notice a fact, including: (1) such specific facts and propositions of generalized knowledge as are so universally known that they cannot reasonably be the subject of dispute; (2) such facts as are so generally known or are of such common notoriety within the area pertinent to the event that they cannot reasonably be the subject of dispute; (3) specific facts and propositions of generalized knowledge which are capable of immediate determination by resort to sources whose accuracy cannot reasonably be questioned; and (4) records of the court in which the action is pending and of any other court of this state or federal court sitting for this state., (c) When Discretionary., The court may take judicial notice on its own., (d) When Mandatory., The court shall take judicial notice if a party requests it on notice to all other parties and the court is supplied with the necessary information., (e) Opportunity to Be Heard., On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the matter noticed. If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard., (f) How Taken., In determining the propriety of taking judicial notice and the nature of the fact to be noticed, any source of relevant information may be consulted or used, whether or not furnished by a party, and the rules of evidence shall not apply except Rule 403 or a valid claim of privilege., (g) Instructing the Jury., In a civil proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal proceeding, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; paragraph (a) caption amended, paragraphs (b), (c), (d), (e), (f), and (g) captions and text amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 202. Judicial Notice in Proceedings Subsequent to Trial, (a) Subsequent Proceedings., The failure or refusal of the trial court to take judicial notice of a matter or to instruct the trier of the fact with respect to it shall not preclude the trial court from taking judicial notice of the matter in subsequent proceedings in the action., (b) On Appeal., The reviewing court may take judicial notice of any matter specified in Rule 201, whether or not judicially noticed by the trial court., (c) Opportunity to be Heard., A trial or reviewing court taking judicial notice under paragraph (a) or (b) of this rule of a matter not previously noticed in the action may afford the parties the opportunity to present information relevant to the propriety of taking such judicial notice and the nature of the fact to be noticed. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; paragraphs (a), (b), and (c) captions and text amended September 16, 2019 to be effective July 1, 2020.
- Article III. Presumptions, N.J.R.E. 301. Effect of Presumption (a) Except as otherwise provided in Rule 303 or by other law, a presumption discharges the burden of producing evidence as to a fact (the presumed fact) when another fact (the basic fact) has been established. (b) If evidence is introduced tending to disprove the presumed fact, the issue shall be submitted to the trier of fact for determination unless the evidence is such that reasonable persons would not differ as to the existence or nonexistence of the presumed fact. (c) If no evidence tending to disprove the presumed fact is presented, the presumed fact shall be deemed established if the basic fact is found or otherwise established. (d) The burden of persuasion as to the proof or disproof of the presumed fact does not shift to the party against whom the presumption is directed unless otherwise required by law. (e) Nothing in this rule shall preclude the court from commenting on inferences that may be drawn from the evidence. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; text amended and redesignated as paragraphs (a) through (e) September 16, 2019 to be effective July 1, 2020., N.J.R.E. 302. Choice of Law, In a civil proceeding, federal law or the law of another jurisdiction governs the effect of a presumption regarding a claim or defense for which such law supplies the rule of decision. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 303. Presumptions Against a Defendant in Criminal Proceedings, (a) Scope., Except as otherwise provided by law, in a criminal proceeding presumptions against a defendant, recognized at common law or created by statute, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt, are governed by this rule. As used in this rule, the term "element of the offense" shall include any issue on which the prosecution bears the burden of persuasion beyond a reasonable doubt., (b) Submission to the Jury., The court may not direct the jury to find a presumed fact against the defendant. If a presumed fact establishes an element of the offense, the court may submit the question of the existence of the presumed fact to the jury upon proof of the basic fact but only if a reasonable juror on the evidence as a whole, including the evidence of the basic fact, could find the presumed fact beyond a reasonable doubt. If the presumed fact has a lesser effect, the question of its existence may be submitted to the jury provided the basic facts are supported by sufficient evidence or are otherwise established, unless the court determines that reasonable jurors on the evidence as a whole could not find the existence of the presumed fact., (c) Instructing the Jury., Whenever the existence of a presumed fact against the defendant is submitted to the jury, the court may instruct the jury that it may regard the basic fact as sufficient evidence of the presumed fact but that it is not required to do so. In addition, if the presumed fact establishes guilt or is an element of the offense, the court shall instruct the jury that its existence, on all of the evidence, must be proved beyond a reasonable doubt. The court shall not use the word "presumed" or "presumption" in instructions to the jury. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; paragraph (c) amended September 15, 2004 to be effective July 1, 2005; caption amended, paragraph (a) amended, paragraphs (b) and (c) captions and text amended September 16, 2019 to be effective July 1, 2020.
- Article IV. Relevancy and its Limits, N.J.R.E. 401. Definition of “Relevant Evidence” “Relevant evidence” means evidence having a tendency in reason to prove or disprove any fact of consequence to the determination of the action. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 402. Relevant Evidence Generally Admissible, All relevant evidence is admissible, except as otherwise provided in these rules or by law. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time, Except as otherwise provided by these rules or other law, the court may exclude relevant evidence if its probative value is substantially outweighed by the risk of: (a) Undue prejudice, confusing the issues, or misleading the jury; or (b) Undue delay, wasting time, or needlessly presenting cumulative evidence. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; punctuation and initial capitalization in paragraphs (a) and (b) amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes Evidence, (a) Character Evidence., Evidence of a person’s character or character trait, including a trait of care or skill or lack thereof, is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait except:, (1) Character of Defendant in a Criminal Proceeding., Evidence of a pertinent trait of the defendant’s character offered by the defendant or by the prosecution to rebut it. Evidence of a pertinent trait of the defendant’s character offered by the defendant shall not be excluded under Rule 403;, (2) Character of Victim., Evidence of a pertinent trait of character of the victim of the crime offered by a defendant in a criminal proceeding or by the prosecution to rebut it, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor;, (3) Character of Witness., Evidence of the character of a witness as provided in Rule 608., (b) Other Crimes, Wrongs or Acts., (1) Prohibited Uses., Except as otherwise provided by Rule 608(b), evidence of other crimes, wrongs, or acts is not admissible to prove a person’s disposition in order to show that on a particular occasion the person acted in accordance with such disposition., (2) Permitted Uses., This evidence may be admitted for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident when such matters are relevant to a material issue in dispute., (c) Character and Character Trait in Issue., Evidence of a person’s character or character trait is admissible when that character or trait is an element of a claim or defense. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; paragraphs (a) and (b) amended September 15, 2004 to be effective July 1, 2005; paragraph (b) amended September 12, 2006 to be effective July 1, 2007; paragraphs (a) and (b) captions and text amended, and paragraph (c) caption and text amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 405. Methods of Proving Character, (a) Reputation, Opinion, or Conviction of Crime., When evidence of a person’s character or character trait is admissible, it may be proved by evidence of the person’s reputation, evidence in the form of opinion, or evidence of conviction of a crime which tends to prove the character or trait. Specific instances of conduct not the subject of a conviction of a crime shall be inadmissible under this paragraph., (b) Specific Instances of Conduct., When a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by specific instances of the person’s conduct. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; paragraphs (a) and (b) captions and text amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 406. Habit, Routine Practice, (a) Evidence, whether corroborated or not, of habit or routine practice is admissible to prove that on a specific occasion a person or organization acted in conformity with the habit or routine practice. (b) Evidence of specific instances of conduct is admissible to prove habit or routine practice if evidence of a sufficient number of such instances is offered to support a finding of such habit or routine practice. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 407. Subsequent Remedial Measures, Evidence of remedial measures taken after an event is not admissible to prove that the event was caused by negligence or culpable conduct. However, evidence of such subsequent remedial conduct may be admitted as to other issues. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 408. Settlement Offers and Negotiations, When a claim is disputed as to validity or amount, evidence of statements or conduct by parties or their attorneys in settlement negotiations, with or without a mediator present, including offers of compromise or any payment in settlement of a related claim, is not admissible either to prove or disprove the validity or amount of the disputed claim. Such evidence shall not be excluded when offered for another purpose; and evidence otherwise admissible shall not be excluded merely because it was disclosed during settlement negotiations. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 15, 1998 to be effective July 1, 1999; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 409. Payment of Medical and Similar Expenses, Evidence of furnishing or offering or promising to pay medical, hospital, property damage, or similar expenses occasioned by an injury or other claim is not admissible to prove liability for the injury or claim. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 410. Inadmissibility of Pleas, Plea Discussions and Related Statements, (a) Prohibited Uses., Except as otherwise provided in this rule, evidence of: (1) a guilty plea, which was later withdrawn; or (2) any statement made in the course of that plea proceeding; or (3) any statement made during plea negotiations when either no guilty plea resulted or a guilty plea was later withdrawn, is not admissible in any civil or criminal proceeding against the person who made the plea or statement or who was the subject of the plea negotiations., (b) Exceptions., The court may admit a statement described in Rule 410(a):, (1) in any proceeding in which another statement made during the same plea or plea discussions has been introduced, if in fairness the statements ought to be considered together; or (2) in a criminal proceeding for perjury or false statement if the defendant made the defendant made the statement under oath, on the record, and with counsel present. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; paragraphs (a) and (b) amended, redesignated, and captions added September 16, 2019 to be effective July 1, 2020., N.J.R.E. 411. Liability Insurance, Evidence that a person was or was not insured against liability is not admissible on the issue of that person's negligence or other wrongful conduct. Subject to Rule 403, this rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, control, bias, or prejudice of a witness. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993.
- Article V. Privileges, N.J.R.E. 500. General Rule Privileges as they now exist or may be modified by law shall be unaffected by the adoption of these rules. For convenience in reference certain existing provisions of law relating to privileges are enumerated in Article V. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 501. Privilege of Accused, N.J.S.A. 2A:84A-17 provides: (1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify. (2) The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or (c) such spouse or partner is the complainant. (3) An accused in a criminal action has no privilege to refuse when ordered by the judge, to submit his body to examination or to do any act in the presence of the judge or the trier of the fact, except to refuse to testify. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; section 2A:84A-17 amended by the Legislature, L. 1992, c. 142, § 1, eff. Nov. 17, 1992; L. 2006, c. 103, § 90, eff. Feb. 19, 2007., N.J.R.E. 502. Definition of Incrimination, N.J.S.A. 2A:84A-18 provides: Within the meaning of this article, a matter will incriminate (a) if it constitutes an element of a crime against this State, or another State or the United States, or (b) is a circumstance which with other circumstances would be a basis for a reasonable inference of the commission of such a crime, or (c) is a clue to the discovery of a matter which is within clauses (a) or (b) above; provided, a matter will not be held to incriminate if it clearly appears that the witness has no reasonable cause to apprehend a criminal prosecution. In determining whether a matter is incriminating under clauses (a), (b) or(c) and whether a criminal prosecution is to be apprehended, other matters in evidence, or disclosed in argument, the implications of the question, the setting in which it is asked, the applicable statute of limitations and all other factors, shall be taken into consideration. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 503. Self-Incrimination, N.J.S.A. 2A:84A-19 provides: Subject to Rule 37 [Rule 530], every natural person has a right to refuse to disclose in an action or to a police officer or other official any matter that will incriminate him or expose him to a penalty or a forfeiture of his estate, except that under this rule: (a) no person has the privilege to refuse to submit to examination for the purpose of discovering or recording his corporal features and other identifying characteristics or his physical or mental condition; (b) no person has the privilege to refuse to obey an order made by a court to produce for use as evidence or otherwise a document, chattel or other thing under his control if some other person or a corporation or other association has a superior right to the possession of the thing ordered to be produced; (c) no person has a privilege to refuse to disclose any matter which the statutes or regulations governing his office, activity, occupation, profession or calling, or governing the corporation or association of which he is an officer, agent or employee, require him to record or report or disclose except to the extent that such statutes or regulations provide that the matter to be recorded, reported or disclosed shall be privileged or confidential; (d) subject to the same limitations on evidence affecting credibility as apply to any other witness, the accused in a criminal action or a party in a civil action who voluntarily testifies in the action upon the merits does not have the privilege to refuse to disclose in that action, any matter relevant to any issue therein. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 504. Lawyer-Client Privilege, N.J.S.A. 2A:84A-20 provides:, (1) General rule., Subject to Rule 37 [Rule 530] and except as otherwise provided by paragraph 2 of this rule communications between lawyer and his client in the course of that relationship and in professional confidence, are privileged, and a client has a privilege (a) to refuse to disclose any such communication, and (b) to prevent his lawyer from disclosing it, and (c) to prevent any other witness from disclosing such communication if it came to the knowledge of such witness (i) in the course of its transmittal between the client and the lawyer, or (ii) in a manner not reasonably to be anticipated, or (iii) as a result of a breach of the lawyer-client relationship, or (iv) in the course of a recognized confidential or privileged communication between the client and such witness. The privilege shall be claimed by the lawyer unless otherwise instructed by the client or his representative; the privilege may be claimed by the client in person, or if the client is incapacitated or deceased, by his guardian or personal representative. Where a corporation or association is the client having the privilege and it has been dissolved, the privilege may be claimed by its successors, assigns or trustees in dissolution., (2) Exceptions., Such privilege shall not extend (a) to a communication in the course of legal service sought or obtained in aid of the commission of a crime or a fraud, or (b) to a communication relevant to an issue between parties all of whom claim through the client, regardless of whether the respective claims are by testate or intestate succession or by inter vivos transaction, or (c) to a communication relevant to an issue of breach of duty by the lawyer to his client, or by the client to his lawyer. Where 2 or more persons have employed a lawyer to act for them in common, none of them can assert such privilege as against the others as to communications with respect to that matter., (3) Definitions., As used in this rule (a) "client" means a person or corporation or other association that, directly or through an authorized representative, consults a lawyer or the lawyer's representative for the purpose of retaining the lawyer or securing legal service or advice from him in his professional capacity; and includes a person who is incapacitated whose guardian so consults the lawyer or the lawyer's representative in behalf of the person who is incapacitated, (b) "lawyer" means a person authorized, or reasonably believed by the client to be authorized to practice law in any State or nation the law of which recognizes a privilege against disclosure of confidential communications between client and lawyer. A communication made in the course of a relationship between lawyer and client shall be presumed to have been made in professional confidence unless knowingly made within the hearing of some person whose presence nullified the privilege. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended 2013, c. 103, § 16, eff. Aug. 7, 2013., N.J.R.E. 505. Psychologist Privilege, N.J.S.A. 45:14B-28 provides: The confidential relations and communications between and among a licensed practicing psychologist and individuals, couples, families or groups in the course of the practice of psychology are placed on the same basis as those provided between attorney and client, and nothing in this act shall be construed to require any such privileged communications to be disclosed by any such person. There is no privilege under this section for any communication: (a) upon an issue of the client's condition in an action to commit the client or otherwise place the client under the control of another or others because of alleged incapacity, or in an action in which the client seeks to establish his competence or in an action to recover damages on account of conduct of the client which constitutes a crime; or (b) upon an issue as to the validity of a document as a will of the client; or (c) upon an issue between parties claiming by testate or intestate succession from a deceased client. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; section 45:14B-28 amended by the Legislature, L. 1994, c. 134, § 11, eff. Oct. 31, 1994; 1997, c. 379, § 11, eff. Jan 19, 1998., N.J.R.E. 506. Patient and Physician Privilege, (a) N.J.S.A. 2A:84A-22.1 provides: As used in this act, (a) "patient" means a person who, for the sole purpose of securing preventive, palliative, or curative treatment, or a diagnosis preliminary to such treatment, of the patient’s physical or mental condition, consults a physician, or submits to an examination by a physician; (b) "physician" means a person authorized or reasonably believed by the patient to be authorized, to practice medicine in the State or jurisdiction in which the consultation or examination takes place; (c) "holder of the privilege" means the patient while alive and not under the guardianship of the guardian of the person of a patient who is incapacitated, or the personal representative of a deceased patient; (d) "confidential communication between physician and patient" means such information transmitted between physician and patient, including information obtained by an examination of the patient, as is transmitted in confidence and by a means which, so far as the patient is aware, discloses the information to no third persons other than those reasonably necessary for the transmission of the information or the accomplishment of the purpose for which it is transmitted. (b) N.J.S.A. 2A:84A-22.2 provides: Except as otherwise provided in this act, a person, whether or not a party, has a privilege in a civil action or in a prosecution for a crime or violation of the disorderly persons law or for an act of juvenile delinquency to refuse to disclose, and to prevent a witness from disclosing, a communication, if he claims the privilege and the judge finds that (a) the communication was a confidential communication between patient and physician, and (b) the patient or the physician reasonably believed the communication to be necessary or helpful to enable the physician to make a diagnosis of the condition of the patient or to prescribe or render treatment therefore, and (c) the witness (i) is the holder of the privilege or (ii) at the time of the communication was the physician or a person to whom disclosure was made because reasonably necessary for the transmission of the communication or for the accomplishment of the purpose for which it was transmitted or (iii) is any other person who obtained knowledge or possession of the communication as the result of an intentional breach of the physician's duty of nondisclosure by the physician or his agent or servant and (d) the claimant is the holder of the privilege or a person authorized to claim the privilege for him. (c) N.J.S.A. 2A:84A-22.3 provides: There is no privilege under this act as to any relevant communication between the patient and his physician (a) upon an issue of the patient's condition in an action to commit him or otherwise place him under the control of another or others because of alleged incapacity, or in an action in which the patient seeks to establish his competence or in an action to recover damages on account of conduct of the patient which constitutes a criminal offense other than a misdemeanor, or (b) upon an issue as to the validity of a document as a will of the patient, or (c) upon an issue between parties claiming by testate or intestate succession from a deceased patient. (d) N.J.S.A. 2A:84A-22.4 provides: There is no privilege under this act in an action in which the condition of the patient is an element or factor of the claim or defense of the patient or of any party claiming through or under the patient or claiming as a beneficiary of the patient through a contract to which the patient is or was a party or under which the patient is or was insured. (e) N.J.S.A. 2A:84A-22.5 provides: There is no privilege under this act as to information which the physician or the patient is required to report to a public official or as to information required to be recorded in a public office, unless the statute requiring the report or record specifically provides that the information shall not be disclosed. (f) N.J.S.A. 2A:84A-22.6 provides: No person has a privilege under this act if the judge finds that sufficient evidence, aside from the communication, has been introduced to warrant a finding that the services of the physician were sought or obtained to enable or aid anyone to commit or to plan to commit a crime or a tort, or to escape detection or apprehension after the commission of a crime or a tort. (g) N.J.S.A. 2A:84A-22.7 provides: A privilege under this act as to a communication is terminated if the judge finds that any person while a holder of the privilege has caused the physician or any agent or servant of the physician to testify in any action to any matter of which the physician or his agent or servant gained knowledge through the communication. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; section 2A:84A-22.3 amended by the Legislature, L. 1997, c. 379, § 10, eff. Jan. 19, 1998; amended 2013, c. 103, § 18, eff. Aug. 7, 2013., N.J.R.E. 507. Utilization Review Committees of Certified Hospital or Extended Care Facility; Exceptions, (a) N.J.S.A. 2A:84A-22.8 provides: Information and data secured by and in the possession of utilization review committees established by any certified hospital or extended care facility in the performance of their duties shall not be revealed or disclosed in any manner or under any circumstances by any member of such committee except to: (a) a patient's attending physician, (b) the chief administrative officer of the hospital or extended care facility which it serves, (c) the medical executive committee, or comparable enforcement unit, of such hospital or extended care facility, (d)representatives of, including intermediaries or carriers for, government agencies in the performance of their duties, under the provisions of Federal and State law, or (e) any hospital service corporation, medical service corporation or insurance company with which said patient has pertinent coverage under a contract, policy or certificate, the terms of which authorize the carrier to request and be given such information and data. (b) N.J.S.A. 2A:84A-22.9 provides: No member of a utilization review committee may be held liable for damages or otherwise prejudiced in any manner by reason of recommendations or findings made by said committee or for furnishing information or data obtained in the course of his duties as a member of a committee to the persons and officials mentioned in section 1 [2A:84A-22.8] hereof. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 508. Newsperson's Privilege, (a) N.J.S.A. 2A:84A-21 provides: Subject to Rule 37 [Rule 530], a person engaged on, engaged in, connected with, or employed by news media for the purpose of gathering, procuring, transmitting, compiling, editing or disseminating news for the general public or on whose behalf news is so gathered, procured, transmitted, compiled, edited or disseminated has a privilege to refuse to disclose, in any legal or quasilegal proceeding or before any investigative body, including, but not limited to, any court, grand jury, petit jury, administrative agency, the Legislature or legislative committee, or elsewhere: a. The source, author, means, agency or person from or through whom any information was procured, obtained, supplied, furnished, gathered, transmitted, compiled, edited, disseminated, or delivered; and b. Any news or information obtained in the course of pursuing his professional activities whether or not it is disseminated. The provisions of this rule insofar as it relates to radio or television stations shall not apply unless the radio or television station maintains and keeps open for inspection, for a period of at least 1 year from the date of an actual broadcast or telecast, an exact recording, transcription, kinescopic film or certified written transcript of the actual broadcast or telecast. (b) N.J.S.A. 2A:84A-21a provides: Unless a different meaning clearly appears from the context of this act, as used in this act: a. "News media" means newspapers, magazines, press associations, news agencies, wire services, radio, television or other similar printed, photographic, mechanical or electronic means of disseminating news to the general public. b. "News" means any written, oral or pictorial information gathered, procured, transmitted, compiled, edited or disseminated by, or on behalf of any person engaged in, engaged on, connected with or employed by a news media and so procured or obtained while such required relationship is in effect. c. "Newspaper" means a paper that is printed and distributed ordinarily not less frequently than once a week and that contains news, articles of opinion, editorials, features, advertising, or other matter regarded as of current interest, has a paid circulation and has been entered at a United States post office as second class matter. d. "Magazine" means a publication containing news which is published and distributed periodically, has a paid circulation and has been entered at a United States post office as second class matter. e. "News agency" means a commercial organization that collects and supplies news to subscribing newspapers, magazines, periodicals and news broadcasters. f. "Press association" means an association of newspapers or magazines formed to gather and distribute news to its members. g. "Wire service" means a news agency that sends out syndicated news copy by wire to subscribing newspapers, magazines, periodicals or news broadcasters. h. "In the course of pursuing his professional activities" means any situation, including a social gathering, in which a reporter obtains information for the purpose of disseminating it to the public, but does not include any situation in which a reporter intentionally conceals from the source the fact that he is a reporter, and does not include any situation in which a reporter is an eyewitness to, or participant in, any act involving physical violence or property damage. (c) N.J.S.A. 2A:84A-21.1 provides: Where a newsperson is required to disclose information pursuant to a subpoena issued by or on behalf of a defendant in a criminal proceeding, not including proceedings before administrative or investigative bodies, grand juries, or legislative committees or commissions, the provisions and procedures in this act are applicable to the claim and exercise of the newsperson's privilege under Rule 27 (C. 2A:84A-21). (d) N.J.S.A. 2A:84A-21.2 provides: Proceedings pursuant to this act shall take place before the trial, except that the court may allow a motion to institute proceedings pursuant to this act to be made during trial if the court determines that the evidence sought is newly discovered and could not have been discovered earlier through the exercise of due diligence. (e) N.J.S.A. 2A:84A-21.3 provides: a. To sustain a claim of the newsperson's privilege under Rule 27 [Rule 508(a)] the claimant shall make a prima facie showing that he is engaged in, connected with or employed by a news media for the purpose of gathering, procuring, transmitting, compiling, editing or disseminating news for the general public or on whose behalf news is so gathered, procured, transmitted, compiled, edited or disseminated, and that the subpoenaed materials were obtained in the course of pursuing his professional activities. b. To overcome a finding by the court that the claimant has made a prima facie showing under a. above, the party seeking enforcement of the subpoena shall show by clear and convincing evidence that the privilege has been waived under Rule 37 [Rule 530] (C. 2A:84A-29) or by a preponderance of the evidence that there is a reasonable probability that the subpoenaed materials are relevant, material and necessary to the defense, that they could not be secured from any less intrusive source, that the value of the material sought as it bears upon the issue of guilt or innocence outweighs the privilege against disclosure, and that the request is not overbroad, oppressive, or unreasonably burdensome which may be overcome by evidence that all or part of the information sought is irrelevant, immaterial, unnecessary to the defense, or that it can be secured from another source. Publication shall constitute a waiver only as to the specific materials published. c. The determinations to be made by the court pursuant to this section shall be made only after a hearing in which the party claiming the privilege and the party seeking enforcement of the subpoena shall have a full opportunity to present evidence and argument with respect to each of the materials or items sought to be subpoenaed. (f) N.J.S.A. 2A:84A-21.4 provides: Upon a finding by the court that there has been a waiver as to any of the materials sought or that any of the materials sought meet the criteria set forth in subsection 3.b. [C.2A:84A-21.3(b)], the court shall order the production of such materials, and such materials only, for in camera inspection and determination as to its probable admissibility in the trial. The party claiming the privilege and the party seeking enforcement of the subpoena shall be entitled to a hearing in connection with the in camera inspection of such materials by the court, during which hearing each party shall have a full opportunity to be heard. If the court, after its in camera review of the materials, determines that such materials are admissible according to the standards set forth in subsection 3.b., the court shall direct production of such materials, and such materials only. (g) N.J.S.A. 2A:84A-21.5 provides: After any hearing conducted by the court pursuant to section 3 or 4 [C.2A:84A-21.3 or 2A:84A-21.4] hereof, the court shall make specific findings of fact and conclusions of law with respect to its rulings, which findings shall be in writing or set forth on the record. (h) N.J.S.A. 2A:84A-21.6 provides: An interlocutory appeal taken from a decision to uphold or quash a subpoena shall act as a stay of all penalties which may have been imposed for failure to comply with the court's order. The record on appeal shall be kept under seal until such time as appeals are exhausted. In the event that all material or any part thereof is found to be privileged, the record as to that privileged material shall remain permanently sealed. Any subpoenaed materials which shall, upon exhaustion and determination of such appeals, be found to be privileged, shall be returned to the party claiming the privilege. (i) N.J.S.A. 2A:84A-21.7 provides: Where proceedings are instituted hereunder by one of several co-defendants in a criminal trial, notice shall be provided to all of the co- defendants. Any co-defendant shall have the right to intervene if the co-defendant can demonstrate, pursuant to section 3 [C.2A:84A-21.3], that the materials sought by the issuance of the subpoena bear upon his guilt or innocence. Where such intervention is sought by a co-defendant, that co-defendant shall be required, prior to being permitted to participate in any in camera proceeding, to make that showing required of a defendant in section 3. (j) N.J.S.A. 2A:84A-21.8 provides: If the court finds no reasonable basis for requesting the information has been shown, costs, including counsel fee, may be assessed against the party seeking enforcement of the subpoena. Where an application for costs or counsel fee is made, the judge shall set forth his reasons for awarding or denying same. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 509. Marital Privilege -- Confidential Communications, N.J.S.A. 2A:84A-22 provides: (1) Except as otherwise provided in this section, no person shall disclose any communication made in confidence between such person and his or her spouse or civil union partner. (2) There is no privilege: (a) if both spouses or partners consent to the disclosure; (b) if the communication is relevant to an issue in an action between the spouses or partners; (c) in a criminal action or proceeding in which either spouse or partner consents to the disclosure; (d) in a criminal action or proceeding coming within section 17 of P.L. 1960, c. 52 (C.2A:84-17); or (e) in a criminal action or proceeding if the communication relates to an ongoing or future crime or fraud in which the spouses or partners were or are joint participants at the time of the communication. (3) When a spouse or partner is incapacitated or deceased, consent to the disclosure may be given for such spouse or partner by the guardian, executor, or administrator. The requirement for consent shall not terminate with divorce, dissolution of civil union or separation. A communication between spouses or partners while living separate and apart under a divorce from bed and board or legal separation from a partner in a civil union shall not be a privileged communication. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; section 2A:84A-22 amended by the Legislature, L. 1992, c. 142, § 2, effective Nov. 17, 1992; amended by the Legislature, L. 2015, c. 138, adopted Dec. 8, 2015, effective Nov. 9, 2015, with conforming amendment to the rule adopted Dec. 8, 2015 to be effective retroactive to Nov. 9, 2015., N.J.R.E. 510. Marriage Counselor Privilege, N.J.S.A. 45:8B-29 provides: A communication between a marriage and family therapist and the person or persons in therapy shall be confidential and its secrecy preserved. This privilege shall not be subject to waiver, except where the marriage and family therapist is a party defendant to a civil, criminal or disciplinary action arising from the therapy, in which case, the waiver shall be limited to that action. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; section 45:8B-29 amended by the Legislature, L. 1995, c. 366, § 16, eff. Jan. 5, 1996., N.J.R.E. 511. Priest-Penitent Privilege, N.J.S.A. 2A:84A-23 provides: Any communication made in confidence to a cleric in the cleric's professional character, or as a spiritual advisor in the course of the discipline or practice of the religious body to which the cleric belongs or of the religion which the cleric professes, shall be privileged. Privileged communications shall include confessions and other communications made in confidence between and among the cleric and individuals, couples, families or groups in the exercise of the cleric's professional or spiritual counseling role. As used in this section, "cleric" means a priest, rabbi, minister or other person or practitioner authorized to perform similar functions of any religion. The privilege accorded to communications under this rule shall belong to both the cleric and the person or persons making the communication and shall be subject to waiver only under the following circumstances: (1) Both the person or persons making the communication and the cleric consent to the waiver of the privilege; or (2) The privileged communication pertains to a future criminal act, in which case, the cleric alone may, but is not required to, waive the privilege. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; section 2A:84A-23 amended by the Legislature, L. 1994, c. 123, § 1, eff. Oct. 26, 1994., N.J.R.E. 512. Religious Belief, N.J.S.A. 2A:84A-24 provides: Every person has a privilege to refuse to disclose his theological opinion or religious belief unless his adherence or nonadherence to such an opinion or belief is material to an issue in the action other than that of his credibility as a witness. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 513. Political Vote, N.J.S.A. 2A:84A-25 provides: Every person has a privilege to refuse to disclose the tenor of his vote at a political election unless the judge finds that the vote was cast illegally. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 514. Trade Secret, N.J.S.A. 2A:84A-26 provides: The owner of a trade secret has a privilege, which may be claimed by him or his agent or employee, to refuse to disclose the secret and to prevent other persons from disclosing it if the judge finds that the allowance of the privilege will not tend to conceal fraud or otherwise work injustice. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 515. Official Information, N.J.S.A. 2A:84A-27 provides: No person shall disclose official information of this State or of the United States (a) if disclosure is forbidden by or pursuant to any Act of Congress or of this State, or (b) if the judge finds that disclosure of the information in the action will be harmful to the interests of the public. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 516. Identity of Informer, N.J.S.A. 2A:84A-28 provides: A witness has a privilege to refuse to disclose the identity of a person who has furnished information purporting to disclose a violation of a provision of the laws of this State or of the United States to a representative of the State or the United States or a governmental division thereof, charged with the duty of enforcing that provision, and evidence thereof is inadmissible, unless the judge finds that (a) the identity of the person furnishing the information has already been otherwise disclosed or (b) disclosure of his identity is essential to assure a fair determination of the issues. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 517. Victim Counselor Privilege, (a) N.J.S.A. 2A:84A-22.13 provides: The Legislature finds and declares that: a. The emotional and psychological injuries that are inflicted on victims of violence are often more serious than the physical injuries suffered; b. Counseling is often a successful treatment to ease the real and profound psychological trauma experienced by these victims and their families; c. In the counseling process, victims of violence openly discuss their emotional reactions to the crime. These reactions are often highly intertwined with their personal histories and psychological profile; d. Counseling of violence and victims is most successful when the victims are assured their thoughts and feelings will remain confidential and will not be disclosed without their permission; and e. Confidentiality should be accorded all victims of violence who require counseling whether or not they are able to afford the services of private psychiatrists or psychologists. Therefore, it is the public policy of this State to extend a testimonial privilege encompassing the contents of communications with a victim counselor and to render immune from discovery or legal process the records of these communications maintained by the counselor. (b) N.J.S.A. 2A:84A-22.14 provides: As used in this act: a. "Act of violence" means the commission or attempt to commit any of the offenses set forth in subsection b. of section 11 of P.L.1971, c.317 (C.52:4B-11). b. "Confidential communication" means any information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and which is disclosed in the course of the counselor's treatment of the victim for any emotional or psychological condition resulting from an act of violence. It includes any advice, report or working paper given or made in the course of the consultation and all information received by the victim counselor in the course of that relationship. c. "Victim" means a person who consults a counselor for the purpose of securing advice, counseling or assistance concerning a mental, physical or emotional condition caused by an act of violence. d. "Victim counseling center" means any office, institution, or center offering assistance to victims and their families through crisis intervention, medical and legal accompaniment and follow-up counseling. e. "Victim counselor" means a person engaged in any office, institution or center defined as a victim counseling center by this act, who has undergone 40 hours of training and is under the control of a direct services supervisor of the center and who has a primary function of rendering advice, counseling or assisting victims of acts of violence. "Victim counselor" includes a rape care advocate as defined in Section 4 of P.L.2001, c.81 (C.52:4B-52). (c) N.J.S.A. 2A:84A-22.15 provides: Subject to Rule 37 [Rule 530] of the Rules of Evidence, a victim counselor has a privilege not to be examined as a witness in any civil or criminal proceeding with regard to any confidential communication. The privilege shall be claimed by the counselor unless otherwise instructed by prior written consent of the victim. When a victim is incapacitated or deceased consent to disclosure may be given by the guardian, executor or administrator except when the guardian, executor or administrator is the defendant or has a relationship with the victim such that he has an interest in the outcome of the proceeding. The privilege may be knowingly waived by a juvenile. In any instance where the juvenile is, in the opinion of the judge, incapable of knowing consent, the parent or guardian of the juvenile may waive the privilege on behalf of the juvenile, provided that the parent or guardian is not the defendant and does not have a relationship with the defendant such that he has an interest in the outcome of the proceeding. A victim counselor or a victim cannot be compelled to provide testimony in any civil or criminal proceeding that would identify the name, address, location, or telephone number of a domestic violence shelter or any other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding unless the facility is a party to the proceeding. (d) N.J.S.A. 2A:84A-22.16 provides: Nothing in this act shall be deemed to prevent the disclosure to a defendant in a criminal action of statements or information given by a victim to a county victim-witness coordinator, where the disclosure of the statements or information is required by the Constitution of this State or of the United States. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; section 2A:84A-22.14 amended by the Legislature, L. 2001, c. 81, § 1, eff. May 4, 2001; amended 2013, c. 103, § 19, eff. Aug. 7, 2013., N.J.R.E. 518. Social Worker Privilege, N.J.S.A. 45:15BB-13 provides: A social worker licensed or certified pursuant to the provisions of this act shall not be required to disclose any confidential information that the social worker may have acquired from a client or patient while performing social work services for that client or patient unless: a. Disclosure is required by other State law; b. Failure to disclose the information presents a clear and present danger to the health or safety of an individual; c. The social worker is a party defendant to a civil, criminal or disciplinary action arising from the social work services provided, in which case a waiver of the privilege accorded by this section shall be limited to that action; d. The patient or client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses on that person's behalf; or e. A patient or client agrees to waive the privilege accorded by this section, and, in circumstances where more than one person in a family is receiving social work services, each such member agrees to the waiver. Absent a waiver from each family member, a social worker shall not disclose any information received from any family member. , NOTE, : Adopted September 15, 1998 to be effective July 1, 1999., N.J.R.E. 519. Mediator Privilege, (a) N.J.S. 2A:23C-4 provides: a. Except as otherwise provided in section 6 of P.L. 2004, c. 157 (N.J.S. 2A:23C- 6), a mediation communication is privileged as provided in subsection b. of this section and shall not be subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by section 5 of P.L. 2004, c. 157 (N.J.S. 2A:23C-5). b. In a proceeding, the following privileges shall apply: (1) a mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication. (2) a mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator. (3) a nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant. c. Evidence or information that is otherwise admissible or subject to discovery shall not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation. (b) N.J.S. 2A:23C-5 provides: a. A privilege under section 4 of P.L. 2004, c. 157 (N.J.S. 2A:23C-4) may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (1) in the case of the privilege of a mediator, it is expressly waived by the mediator; and (2) in the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant. b. A person who discloses or makes a representation about a mediation communication that prejudices another person in a proceeding is precluded from asserting a privilege under section 4 of P.L. 2004, c. 157 (N.J.S. 2A:23C-4), but only to the extent necessary for the person prejudiced to respond to the representation or disclosure. c. A person who intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under section 4 of P.L. 2004, c. 157 (N.J.S. 2A:23C-4). (c) N.J.S. 2A:23C-6 provides: a. There is no privilege under section 4 of P.L. 2004, c. 157 (N.J.S. 2A:23C-4) for a mediation communication that is: (1) in an agreement evidenced by a record signed by all parties to the agreement; (2) made during a session of a mediation that is open, or is required by law to be open, to the public; (3) a threat or statement of a plan to inflict bodily injury or commit a crime; (4) intentionally used to plan a crime, attempt to commit a crime, or to conceal an ongoing crime or ongoing criminal activity; (5) sought or offered to prove or disprove a claim or complaint filed against a mediator arising out of a mediation; (6) except as otherwise provided in subsection c., sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or (7) sought or offered to prove or disprove child abuse or neglect in a proceeding in which the Division of Youth and Family Services in the Department of Human Services is a party, unless the Division of Youth and Family Services participates in the mediation. b. There is no privilege under section 4 of P.L. 2004, c. 157 (N.J.S. 2A:23C-4) if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and that the mediation communication is sought or offered in: (1) a court proceeding involving a crime as defined in the 'New Jersey Code of Criminal Justice," N.J.S. 2C:1-1 et seq.; or (2) except as otherwise provided in subsection c., a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation. c. A mediator may not be compelled to provide evidence of a mediation communication referred to in paragraph (6) of subsection a. or paragraph (2) of subsection b. d. If a mediation communication is not privileged under subsection a. or b., only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection a. or b. does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose. (d) N.J.S. 2A:23C-7 provides: a. Except as required in subsection b., a mediator may not make a report, assessment, evaluation, recommendation, finding, or other oral or written communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation. b. A mediator may disclose: (1) whether the mediation occurred or has terminated, whether a settlement was reached, and attendance; or (2) a mediation communication as permitted under section 6 of P.L. 2004, c. 157 (N.J.S. 2A:23C-6). c. A communication made in violation of subsection a. may not be considered by a court, administrative agency, or arbitrator. (e) N.J.S. 2A:23C-8 provides: Unless made during a session of a mediation which is open, or is required by law to be open, to the public, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this State. , NOTE, : Adopted September 17, 2007 to be effective July 1, 2008., N.J.R.E. 520 to 529, [Reserved], N.J.R.E. 530. Waiver of Privilege by Contract or Previous Disclosure; Limitations, (a) Except as provided herein with respect to the attorney-client privilege or work- product doctrine, a person waives his right or privilege to refuse to disclose or to prevent another from disclosing a specified matter if he or any other person while the holder thereof has (1) contracted with anyone not to claim the right or privilege or, (2) without coercion and with knowledge of his right or privilege, made disclosure of any part of the privileged matter or consented to such a disclosure made by anyone. (b) Except as provided herein with respect to the attorney-client privilege or work- product doctrine, a disclosure which is itself privileged or otherwise protected by the common law, statutes or rules of court of this State, or by lawful contract, shall not constitute a waiver under this section. The failure of a witness to claim a right or privilege with respect to one question shall not operate as a waiver with respect to any other question., (c) Attorney-Client Privilege and Work Product; Limitations on Waiver., The following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by the attorney-client privilege or work-product protection., (1) Disclosure Made in a State Proceeding or to a State Office or Agency; Scope of a Waiver., When the disclosure is made in a state proceeding or to a state office or agency and waives the attorney-client privilege or work-product protection, the waiver extends to an undisclosed communication in a state proceeding only if: (A) the waiver is intentional; (B) the disclosed and undisclosed communications or information concern the same subject matter; and (C) they ought in fairness to be considered together., (2) Inadvertent Disclosure., When made in a state proceeding or to a state office or agency, the disclosure does not operate as a waiver in a state proceeding if: (A) the disclosure is inadvertent; (B) the holder of the privilege or protection took reasonable steps to prevent disclosure; and (C) the holder promptly took reasonable steps to rectify the error., (3) Disclosure Made in Another Forum., When the disclosure is made in another state or in a federal proceeding, the disclosure does not operate as a waiver in the New Jersey proceeding if the disclosure: (A) would not be a waiver under this rule if it had been made in a New Jersey proceeding; or (B) is not a waiver under the law of the forum where the disclosure occurred., (4) Controlling Effect of a Court Order., A court may order that the privilege or protection is not waived by disclosure connected with the litigation pending before the court, in which event the disclosure is also not a waiver in any other federal or state proceeding. The existence of such an agreement between the parties shall not limit a party’s right to conduct a review of documents, electronically stored information or other information for relevance, responsiveness or segregation of privileged or protected information before production., (5) Controlling Effect of a Party Agreement., An agreement on the effect of a disclosure in a state proceeding is binding only on the parties to the agreement, unless it is incorporated into a court order. (6) Definitions. In this rule: (A) “attorney-client privilege” means the protection afforded under New Jersey Rule of Evidence 504; and (B) “work-product protection” means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; text amended and paragraphs (a) and (b) redesignated, and new paragraph (c) adopted September 16, 2019 to be effective July 1, 2020., N.J.R.E. 531. Admissibility of Disclosure Wrongfully Compelled, N.J.S.A. 2A:84A-30 provides: Evidence of a statement or other disclosure is inadmissible against the holder of the privilege if the disclosure was wrongfully made or erroneously required. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 532. Reference to Exercise of Privileges, N.J.S.A. 2A:84A-31 provides: If a privilege is exercised not to testify or to prevent another from testifying, either in the action or with respect to particular matters, or to refuse to disclose or to prevent another from disclosing any matter, the judge and counsel may not comment thereon, no presumption shall arise with respect to the exercise of the privilege, and the trier of fact may not draw any adverse inference therefrom. In those jury cases wherein the right to exercise a privilege, as herein provided, may be misunderstood and unfavorable inferences drawn by the trier of the fact, or be impaired in the particular case, the court, at the request of the party exercising the privilege, may instruct the jury in support of such privilege. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 533. Effect of Error in Overruling Claim of Privilege, N.J.S.A. 2A:84A-32 provides: (1) A party may predicate error on a ruling disallowing a claim of privilege only if he is the holder of the privilege. (2) If a witness refuses to answer a question, under color of a privilege claimed pursuant to Rules 23 through 38 [Rules 501 through 531], after the judge has ordered the witness to answer, and a contempt proceeding is brought against the witness, the court hearing the same shall order it dismissed if it appears that the order directing the witness to answer was erroneous. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 534. Mental Health Service Provider – Patient Privilege, (a) Definitions., In this rule: (1) “Confidential communications” means such information transmitted between a mental-health service provider and patient in the course of treatment of, or related to, that individual’s condition of mental or emotional health, including information obtained by an examination of the patient, that is transmitted in confidence, and is not intended to be disclosed to third persons, other than: (i) those present to further the interest of the patient in the diagnosis or treatment; (ii) those reasonably necessary for the transmission of the information, including the entity through which the mental-health service provider practices; and (iii) persons who are participating in the diagnosis or treatment of the patient under the direction of a mental-health service provider, including authorized members of the patient’s family, the patient’s guardian, the patient’s conservator, and/or the patient’s personal representative. (2) "Diagnosis or treatment" shall include consultation, screening, interview, examination, assessment, evaluation, diagnosis or treatment. (3) “Mental-health service provider” means a person authorized or reasonably believed by the patient to be authorized to engage in the diagnosis or treatment of a mental or emotional condition, and is specifically intended to include: (i) Psychologists, consistent with the definition under N.J.R.E. 505 and N.J.S.A. 45:14B-2(a), ‘licensed practicing psychologist,’ and N.J.S.A. 45:14B-6(a)(1), (b), (c), (d), (e), (f), and (g), governing persons engaged in authorized activities of certain unlicensed practicing psychologists; (ii) Physicians, including psychiatrists, consistent with the definition under N.J.R.E. 506 and N.J.S.A. 2A:84A-22.1(b); (iii) Marriage and family therapists, consistent with the definition under N.J.R.E. 510 and N.J.S.A. 45:8B-2(a), "licensed marriage and family therapist," and N.J.S.A. 45:8B-6, governing unlicensed persons who may engage in specified activities related to, consisting of marriage and family therapy; (iv) Social workers, consistent with the definition under N.J.R.E. 518 and N.J.S.A. 45:15BB-3, and including social work interns and certified school social worker as defined in N.J.S.A. 45:15BB-5(b) and (c); (v) Alcohol and drug counselors, consistent with the definitions under N.J.S.A. 45:2D-3 and N.J.A.C. 13:34C-4.5 (licensed and certified Alcohol and drug counselors); (vi) Nurses, consistent with the definition under N.J.S.A. 45:11-23; (vii) Professional counselors, associate counselors or rehabilitation counselors consistent with the definition under N.J.S.A. 45:8B-40, -41, -41.1 8, and persons authorized to provide counseling pursuant to N.J.S.A. 45:8B-48(b), (c), (d); (viii) Psychoanalysts, consistent with the definition under N.J.S.A. 45:14BB-3; (ix) Midwives, consistent with the definition under N.J.S.A. 45:10-1 (x) Physician assistants, consistent with the definition under N.J.S.A. 45:9-27.15; and (xi) Pharmacists, consistent with the definition under N.J.S.A. 45:14-41. (4) “Patient” means an individual, who undergoes diagnosis or treatment with or by a mental-health service provider for the purpose of diagnosis or treatment related to that patient’s condition of mental or emotional health, including addiction to legal or illegal substances, whether referred to as client, person in therapy, or some other equivalent term in the context of the relationship., (b) General Rule of Privilege., A patient has a privilege to refuse to disclose in a proceeding, and to prevent any other person from disclosing confidential communications, as defined in subsection (a)(1)., (c) Who May Claim the Privilege., The privilege under this rule may be claimed by the patient, the patient’s guardian or conservator, the personal representative of a deceased patient, or if authorized by the patient, a member or members of the patient’s family. The person who was the mental-health service provider at the time of the communication is presumed to have authority to claim the privilege, but only on behalf of the patient or deceased patient. The mental-health service provider shall claim the privilege unless otherwise instructed by the patient or, as applicable, members of the patient’s family, the patient’s guardian or conservator, or the personal representative of a deceased patient., (d) Violent Crime Victim; Other Communications., (1) Violent Crime Victim., Any confidential communication between any of the mental health service providers listed in this rule and a victim of violent crime, as defined in N.J.S.A. 2A:84A-22.14c, shall be evaluated under the provisions of the “Victim Counselor Privilege” contained in N.J.R.E. 517, and not under the provisions set forth herein. Nothing in this act shall be construed to dilute or alter the scope of the Victim Counselor Privilege., (2) Other Communications., Nothing in this rule shall be construed to limit or otherwise affect any privileges that may apply to communications outside the scope of confidential communications as defined in subsection (a)(1) above., (e) Exceptions., There is no privilege under this rule for a communication: (1) Relevant to an issue of the patient's condition in a proceeding to commit the patient or otherwise place the patient under the control of another or others because of alleged incapacity; (2) Relevant to an issue in a proceeding in which the patient seeks to establish his competence, or in a criminal matter where the defendant's competence to stand trial is put at issue; (3) Relevant to an issue in a proceeding to recover damages on account of conduct of the patient which constitutes a crime; (4) Upon an issue as to the validity of a will of the patient; (5) Relevant to an issue in a proceeding between parties claiming by testate or intestate succession from a deceased patient; (6) Made in the course of any investigation or examination, whether ordered by the court or compelled pursuant to Court Rule, of the physical, mental, or emotional condition of the patient, whether a party or a witness, with respect to the particular purpose for which the examination is ordered, unless the court orders otherwise, and provided that a copy of the order is served upon the patient prior to the communication, indicating among other things that such communications may not be privileged in subsequent commitment proceedings; (7) Relevant to an issue in a proceeding in which the condition of the patient is an element or factor of the claim or defense of the patient or of any party claiming through or under the patient or claiming as a beneficiary of the patient through a contract to which the patient is or was a party or under which the patient is or was insured; (8) If the court finds that any person, while a holder of the privilege, has caused the mental-health service provider to testify in any proceeding to any matter of which the mental-health service provider gained knowledge through the communication; (9) In the course of mental health services sought or obtained in aid of the commission of a crime or fraud, provided that this exception is subject to the protections found in N.J.R.E. 501 and N.J.R.E. 509 and is not intended to modify or limit them; (10) Relevant to an issue in a proceeding against the mental-health service provider, arising from the mental-health services provided, in which case the waiver shall be limited to that proceeding. (11) Relevant to a proceeding concerning an application to purchase, own, sell, transfer, possess or carry a firearm, including but not limited to applications pursuant to N.J.S.A. 2C:58-3, or 2C:58-4, or a proceeding concerning the return of a firearm pursuant to N.J.S.A. 2C:25-21(d)(3)., (f) Disclosure Pursuant to Statutory Duty to Report to a Public Official or Office., Nothing in this rule shall prevent a court from compelling disclosure of a statement by a mental-health service provider, patient or other third party to a public official when such statement is made in compliance with a statutory duty to report to a public official, or information required to be recorded in a public office that was in fact recorded in a public office, including but not limited to reports of child or elder abuse or neglect or the abuse or neglect of disabled or incompetent persons, unless the statute requiring the report of record specifically provides that the statement or information shall not be disclosed., (g) Disclosure Where Waiver or Where Exercise of Privilege Would Violate a Constitutional Right., Nothing in this rule shall prevent a court from compelling disclosure where: (1) the patient has expressly or implicitly waived the privilege or authorized disclosure; or (2) exercise of the privilege would violate a constitutional right. , NOTE, : Adopted September 15, 2015 to be effective July 1, 2016.
- Article VI. Witnesses, N.J.R.E. 601. General Rule of Competency Every person is competent to be a witness unless (a) the court finds that the proposed witness is incapable of expression so as to be understood by the court and any jury either directly or through interpretation, or (b) the proposed witness is incapable of understanding the duty of a witness to tell the truth, or (c) as otherwise provided by these rules or by law. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 602. Lack of Personal Knowledge, A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’ own testimony. This rule does not apply to expert testimony under Rule 703. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 15, 2004 to be effective July 1, 2005; caption and text amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 603. Oath or Affirmation, Before testifying a witness shall be required to take an oath or make an affirmation or declaration to tell the truth under the penalty provided by law. No witness may be barred from testifying because of religious belief or lack of such belief. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 604. Interpreters, The court shall determine the qualifications of a person testifying as an interpreter. An interpreter shall take an oath or make an affirmation or declaration to interpret accurately and shall be subject to all provisions of these rules relating to witnesses. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 605. Restriction on Judge as a Witness, The judge presiding at the trial may not testify as a witness in that trial. A party need not object to preserve the issue. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 606. Restriction on Juror as a Witness, A member of the jury may not testify as a witness before the jury on which the juror is serving. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 607. Witness Impeachment, Support, and Neutralization, (a) For the purpose of attacking or supporting the credibility of a witness, any party, including the party calling the witness, may examine the witness and introduce extrinsic evidence relevant to the issue of credibility, subject to the exceptions in (a)(1) and (2). (1) This provision is subject to Rules 405 and 608. (2) The party calling a witness may not neutralize the witness’ testimony by a prior contradictory statement unless (i) the statement is in a form admissible under Rule 803(a)(1), or (ii) the court finds that the party calling the witness was surprised. (b) A prior consistent statement shall not be admitted to support the credibility of a witness except: (1) to rebut an express or implied charge against the witness of recent fabrication or of improper influence or motive, and (2) as otherwise provided by the law of evidence. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; caption amended, text amended and designated as paragraphs (a), and (b) September 16, 2019 to be effective July 1, 2020., N.J.R.E. 608. Evidence of a Witness’ Character for Truthfulness or Untruthfulness, (a) A witness’ credibility may be attacked or supported by evidence in the form of opinion or reputation that relates to the witness’ character for truthfulness or untruthfulness, provided that evidence of truthful character is admissible only after the witness’ character for truthfulness has been attacked by opinion or reputation evidence or otherwise., (b) (1), In a criminal case, a witness’ character for truthfulness may be attacked by evidence that the witness made a prior false accusation against any person of a crime similar to the crime with which defendant is charged if the judge preliminarily determines, by a hearing pursuant to Rule 104(a), that the witness knowingly made the prior false accusation. (2) In a criminal case, a witness’ character for truthfulness may be attacked by evidence that the witness made a prior false statement tending to exonerate the defendant if the judge preliminarily determines, by a hearing pursuant to Rule 104(a), that the witness knowingly made the prior false statement of exoneration. (c) Except as otherwise provided by Rule 609 and paragraph (b) of this Rule, extrinsic evidence is not admissible to prove specific instances of a witness’ conduct in order to attack or support the witness’ character for truthfulness. In a criminal case, subject to the requirements in paragraphs (d), (e), and (f) of this Rule, the court may, on cross-examination, permit inquiry into specific instances of conduct that are probative of the character for truthfulness or untruthfulness of: (1) the witness; or (2) another witness whose character the witness being cross-examined has testified about pursuant to paragraph (a) of this Rule. (d) The proponent of the specific conduct inquiry pursuant to paragraph (c) of this Rule must show that (1) a reasonable factual basis exists that the specific instance of conduct occurred, and (2) the specific instance of conduct has probative value in assessing the witness’ character for truthfulness. (3) If the witness is a criminal defendant, the proponent of the specific conduct inquiry pursuant to paragraph (c) of this Rule must give the defendant reasonable notice of the intent to cross-examine on the specific instance of conduct and the court must determine, by a hearing pursuant to Rule 104(a), that a reasonable factual basis exists that the specific instance of conduct occurred and that the specific instance of conduct has probative value in assessing the defendant’s character for truthfulness. (e) Except as provided below, the court’s determination to allow inquiry under paragraph (c) of this Rule is subject to the balancing standard of Rule 403. If, however, the specific instance of conduct occurred more than ten years before the commencement of the trial, the court must find that the probative value of the specific instance of conduct in assessing the witness’ character for truthfulness outweighs any prejudicial effect. (f) Inquiry into specific instances of conduct of a witness committed while the witness was a juvenile is generally not permissible under paragraph (c) of this Rule. The court may, however, permit inquiry into such conduct by a witness, other than the defendant in a criminal case, if the inquiry would otherwise be permitted under paragraph (c) of this Rule if the conduct had been committed by an adult and the court determines that the inquiry is necessary for a fair determination of the issues in the action. (g) By testifying on another matter, a witness does not waive any privilege against self-incrimination for testimony that relates only to the witness’ character for truthfulness. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; caption amended, paragraph (a) text amended, paragraph (b) amended and redesignated as (b)(1), new text added in paragraph (b)(2), new paragraphs (c), (d), (e), (f), and (g) added September 16, 2019 to be effective July 1, 2020., N.J.R.E. 609. Impeachment by Evidence of Conviction of Crime, (a) In General., (1) For the purpose of attacking the credibility of any witness, the witness' conviction of a crime, subject to Rule 403, shall be admitted unless excluded by the court pursuant to paragraph (b) of this rule., (2) (A), Except as provided in subparagraph (a)(2)(B) of this Rule, such conviction may be proved by examination, production of the record thereof, or by other competent evidence. (B) In a criminal proceeding when the defendant is the witness, and (i) the prior conviction is the same or similar to one of the offenses charged, or (ii) the court determines that admitting the nature of the offense poses a risk of undue prejudice to a defendant, the prosecution may only introduce evidence of the defendant's prior convictions limited to the degree of the crimes, the dates of the convictions, and the sentences imposed, excluding any evidence of the specific crimes of which defendant was convicted, unless the defendant waives any objection to the non-sanitized form of the evidence., (b) Use of Prior Conviction Evidence After Ten Years., (1) If, on the date the trial begins, more than ten years have passed since the witness' conviction for a crime or release from confinement for it, whichever is later, then evidence of the conviction is admissible only if the court determines that its probative value outweighs its prejudicial effect, with the proponent of that evidence having the burden of proof. (2) In determining whether the evidence of a conviction is admissible under subparagraph (b)(1) of this rule, the court may consider: (i) whether there are intervening convictions for crimes or offenses, and if so, the number, nature, and seriousness of those crimes or offenses, (ii) whether the conviction involved a crime of dishonesty, lack of veracity or fraud, (iii) how remote the conviction is in time, (iv) the seriousness of the crime. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; text amended and designated as paragraph (a), paragraph (a) caption added, new paragraph (b) caption and text added September 16, 2013 to be effective July 1, 2014; paragraphs (a) and (b) amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 610. Religious Beliefs or Opinions, Evidence of a witness’ religious beliefs or opinions is not admissible to attack or support the witness' credibility. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 611. Mode and Order of Interrogation and Presentation, (a) Control by Court; Purposes., The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence to: (1) make those procedures effective for determining the truth; (2) avoid wasting time; and (3) protect witnesses from harassment or undue embarrassment., (b) Scope of Cross-examination., Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness’ credibility. The court may allow inquiry into additional matters as if on direct examination., (c) Leading Questions., Leading questions should not be used on direct examination except as necessary to develop the witness' testimony. Ordinarily, leading questions should be permitted on cross-examination. When a party calls an adverse party or a witness identified with an adverse party, or when a witness demonstrates hostility or unresponsiveness, interrogation may be by leading questions, subject to the discretion of the court. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; paragraphs (a), (b), and (c) captions and text amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 612. Writing Used to Refresh Memory, (a) Except as otherwise provided by law in criminal proceedings, if a witness while testifying uses a writing to refresh the witness' memory for the purpose of testifying, an adverse party is entitled to have the writing produced at the hearing for inspection and use in cross-examining the witness. The adverse party shall also be entitled to introduce in evidence those portions which relate to the testimony of the witness but only for the purpose of impeaching the witness. If it is claimed that the writing contains material not related to the subject of the testimony, the court shall examine the writing in camera and excise any unrelated portions. (b) If the witness has used a writing to refresh the witness' memory before testifying, the court in the interest of justice may accord the adverse party the same right to the writing as that party would have if the writing had been used by the witness while testifying. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; text amended and designated as paragraphs (a) and (b) September 16, 2019 to be effective July 1, 2020., N.J.R.E. 613. Prior Statements of Witnesses, (a) Examining Witness Concerning Prior Statement., When examining a witness about the witness’ prior statement, whether written or not, a party need not show it or disclose its contents to the witness. But the party must, upon request, show it or disclose its contents to an adverse party’s attorney or a self-represented litigant, unless the self-represented litigant is the witness., (b) Extrinsic Evidence of Prior Inconsistent Statement of Witness., Extrinsic evidence of a witness’ prior inconsistent statement may be excluded unless the witness is afforded an opportunity to explain or deny the statement and the opposing party is afforded an opportunity to interrogate on the statement, or the interests of justice otherwise require. This rule does not apply to admissions of a party opponent as defined in Rule 803(b). , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; paragraphs (a) and (b) captions and text amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 614. Calling and Interrogation of Witnesses by Court, (a) Calling., The court may call a witness on its own or at a party’s request. Each party is entitled to cross-examine the witness., (b) Examining., The court may examine a witness regardless of who calls the witness., (c) Objections., A party may object to the court’s calling or examining a witness. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; caption amended, text amended and designated paragraph (a) with caption added, new paragraphs (b) and (c) adopted September 16, 2019 to be effective July 1, 2020., N.J.R.E. 615. Sequestration of Witnesses, At the request of a party or on the court’s own motion, the court may, in accordance with law, enter an order sequestering witnesses. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993.
- Article VII. Opinions and Expert Testimony, N.J.R.E. 701. Opinion Testimony of Lay Witnesses If a witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences may be admitted if it: (a) is rationally based on the witness’ perception and (b) will assist in understanding the witness' testimony or determining a fact in issue. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; paragraphs (a) and (b) amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 702. Testimony by Expert Witnesses, If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 703. Bases of Opinion Testimony by Experts, The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the proceeding. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; caption and text amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 704. Opinion on Ultimate Issue, Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 705. Disclosure of Facts or Data Underlying Expert Opinion; Hypotheses Not Necessary, Unless the court orders otherwise, an expert may testify in the form of an opinion or inference, state an opinion, and give reasons for it, without first testifying to the underlying facts or data. The expert may be required to disclose those facts or data on cross-examination. Questions calling for the opinion of an expert witness need not be hypothetical in form unless in the court’s discretion a hypothetical is required. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 15, 2004 to be effective July 1, 2005; amended September 16, 2019 to be effective July 1, 2020.
- Article VIII. Hearsay, N.J.R.E. 801. Definitions, (a) Statement., “Statement” means a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion., (b) Declarant., “Declarant” means the person who made the statement., (c) Hearsay., “Hearsay” means a statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement., (d) Business., A “business” includes every kind of business, institution, association, profession, occupation, and calling, whether or not conducted for profit, and also includes activities of governmental agencies., (e) Writing., A “writing” consists of letters, words, numbers, data compilations, pictures, drawing, photographs, symbols, sounds, or combinations thereof or their equivalent, set down or recorded by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or by any other means, and preserved in a perceptible form, and their duplicates as defined by Rule 1001(d)., (f) Public Official., A “public official” includes an official of the United States, its territories, the District of Columbia and states, as well as political subdivisions, regional and other governmental agencies thereof. , NOTE, : Adopted September 15, 1992 to be effective July 15, 1993; paragraph (a) amended September 15, 2004 to be effective July 1, 2005; paragraphs (a), (b), and (c) amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 802. Hearsay Rule, Hearsay is not admissible except as provided by these rules or by other law. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 803. Hearsay Exceptions Not Dependent on Declarant's Unavailability, The following statements are not excluded by the hearsay rule:, (a) A Declarant-Witness’ Prior Statement., The declarant-witness testifies and is subject to cross-examination about a prior otherwise admissible statement, and the statement: (1) is inconsistent with the declarant-witness' testimony at the trial or hearing and is offered in compliance with Rule 613. However, when the statement is offered by the party calling the declarant-witness, it is admissible only if, in addition to the foregoing requirements, it (A) is contained in a sound recording or in a writing made or signed by the declarant-witness in circumstances establishing its reliability or (B) was given under oath at a trial or other judicial, quasi-judicial, legislative, administrative or grand jury proceeding, or in a deposition; or (2) is consistent with the declarant-witness' testimony and is offered to rebut an express or implied charge against the declarant-witness of (A) recent fabrication or (B) improper influence or motive; or (3) is a prior identification of a person made after perceiving that person if made in circumstances precluding unfairness or unreliability., (b) Statement by Party-Opponent., The statement is offered against a party-opponent and is: (1) the party-opponent's own statement, made either in an individual or in a representative capacity; or (2) a statement whose content the party-opponent has adopted by word or conduct or in whose truth the party-opponent has manifested belief; or (3) a statement by a person authorized by the party-opponent to make a statement concerning the subject; or (4) a statement by the party-opponent's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship; or (5) a statement made at the time the party-opponent and the declarant were participating in a plan to commit a crime or civil wrong and the statement was made in furtherance of that plan. In a criminal case, the admissibility of a defendant's statement, which is offered against the defendant, is subject to Rule 104(c)., (c) Statements Not Dependent on Declarant's Availability., The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:, (1) Present Sense Impression., A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it and without opportunity to deliberate or fabricate., (2) Excited Utterance., A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition and without opportunity to deliberate or fabricate., (3) Then-Existing Mental, Emotional, or Physical Condition., A statement made in good faith of the declarant's then-existing state of mind, emotion, sensation or physical condition (such as intent, plan, motive, design, mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or terms of declarant's will., (4) Statements for Purposes of Medical Diagnosis or Treatment., A statement that: (A) is made in good faith for purposes of, and is reasonably pertinent to, medical diagnosis or treatment; and (B) describes medical history; past or present symptoms or sensations; their inception; or their general cause., (5) Recorded Recollection., A statement concerning a matter about which the witness is unable to testify fully and accurately because of insufficient present recollection if the statement is contained in a writing or other record that; (A) was made at a time when the fact recorded actually occurred or was fresh in the memory of the witness; and (B) was made by the witness or under the witness' direction or by some other person for the purpose of recording the statement when it was made; and (C) the statement concerns a matter of which the witness had knowledge when it was made. This exception does not apply if unless the circumstances indicate that the statement is not trustworthy. When the witness does not remember part or all of the contents of a writing, the portion the witness does not remember may be read into evidence but shall not be introduced as an exhibit over objection., (6) Records of a Regularly Conducted Activity., A statement contained in a writing or other record of acts, events, conditions, and, subject to Rule 808, opinions or diagnoses, made at or near the time of observation by a person with actual knowledge or from information supplied by such a person, if the writing or other record was made in the regular course of business and it was the regular practice of that business to make such writing or other record. This exception does not apply if the sources of information or the method, purpose or circumstances of preparation indicate that it is not trustworthy., (7) Absence of an Entry in Records of Regularly Conducted Activity., Evidence that a matter is not included in a writing or other record kept in accordance with the provisions of Rule 803(c)(6), if: (A) the evidence is admitted to prove that the matter did not occur or exist; and (B) a record was regularly kept for a matter of that kind. This exception does not apply if the sources of information or other circumstances indicate that the inference of nonoccurrence or nonexistence is not trustworthy., (8) Public Records, Reports, and Findings., Subject to Rule 807, (A) a statement contained in a writing made by a public official of an act done by the official or an act, condition, or event observed by the official if it was within the scope of the official's duty either to perform the act reported or to observe the act, condition, or event reported and to make the written statement; or (B) statistical findings of a public official based upon a report of or an investigation of acts, conditions, or events, if it was within the scope of the official's duty to make such statistical findings. This exception does not apply if the sources of information or other circumstances indicate that such statistical findings are not trustworthy., (9) Public Records of Vital Statistics., Subject to Rule 807, a record of a birth, fetal death, death, or marriage or civil union, if reported to a public office in accordance with a legal duty., (10) Absence of Public Record or Entry., Subject to Rule 807, a certification in accordance with Rule 902 stating that a diligent search failed to disclose a public record, report, writing, or entry when offered to prove: (A) the record or statement does not exist; or (B) the matter did not occur or exist, if a public office regularly kept a record or statement for a matter of that kind. This exception does not apply if the sources of information or other circumstances indicate that the inference of nonoccurrence or nonexistence is not trustworthy., (11) Records of Religious Organizations Concerning Personal or Family History., Subject to Rule 807, a statement of birth, legitimacy, ancestry, marriage or civil union, divorce, death, relationship by blood or marriage, or similar facts of personal or family history, contained in a regularly kept record of a religious organization., (12) Certificates of Marriage, Civil Union, Baptism, and Similar Ceremonies., Subject to Rule 807, a statement of fact contained in a certificate: (A) made by a person who is authorized by a religious organization or by law to perform the act certified; (B) attesting that the person performed a marriage or civil union or similar ceremony or administered a sacrament; and (C) purporting to have been issued at the time of the act or within a reasonable time after it., (13) Family Records., Subject to Rule 807, a statement of fact about personal or family history contained in a family record, such as a Bible, genealogy, chart, engraving on a ring, inscription on a family portrait, engraving on an urn, crypt, tombstone, or other burial marker., (14) Records of Documents that Affect an Interest in Property., Subject to Rule 807, the record of a document that purports to establish or affect an interest in property if: (A) the record is admitted to prove the content of the original recorded document, along with its signing and its delivery by each person who purports to have signed it; (B) the record is kept in a public office; and (C) a statute authorizes recording documents of that kind in that office., (15) Statements in Documents that Affect an Interest in Property., Subject to Rule 807, a statement contained in a document that purports to establish or affect an interest in property if the matter stated was relevant to the document’s purpose, unless dealings with the property are inconsistent with the truth of the statement or the purport of the document., (16) Statements in Ancient Documents., A statement in a document at least 30 years old and whose authenticity is established., (17) Market Reports and Similar Commercial Publications., Market quotations, tabulations, lists, directories, or other published compilations that are generally relied on by the public or by persons in particular occupations., (18) Statements in Learned Treatises, Periodicals, or Pamphlets., A statement contained in a published treatise, periodical, or pamphlet, on a subject of history, medicine, or other science or art, if: (A) the statement is relied on by an expert witness on direct examination or called to the attention of the expert on cross-examination; and (B) the publication is established as a reliable authority by testimony or by judicial notice. If admitted, the statement may not be received as an exhibit but may be read into evidence or, if graphics, shown to the jury., (19) Reputation Concerning Personal or Family History., Evidence of a person's reputation among members of a person's family by blood, adoption, or marriage or civil union, or among a person's associates, or in the community, concerning a person's birth, adoption, marriage or civil union, divorce, death, legitimacy, ancestry, relationship by blood, adoption, or marriage or civil union, or other similar facts of a person's personal or family history., (20) Reputation Concerning Boundaries or General History., Evidence of reputation in a community, arising before the controversy, concerning boundaries of land in the community or customs that affect the land, or concerning general historical events important to that community, state, or nation in which the community is located., (21) Reputation Concerning Character., Evidence of reputation of a person's character at a relevant time among the person's associates or in the community., (22) Judgment of Previous Conviction of Crime., In a civil proceeding, except as otherwise provided by court order on acceptance of a plea, evidence of a final judgment against a party adjudging the party guilty of an indictable offense in New Jersey or of an offense which would constitute an indictable offense if committed in this state, as against that party, to prove any fact essential to sustain the judgment., (23) Judgment Involving Personal, Family, or General History, or a Boundary., A judgment that is admitted to prove a matter of personal, family, or general history, or boundaries, if the matter: (A) was essential to the judgment; and (B) could be proved by evidence of reputation. (24) [Not adopted.], (25) Statement against Interest. [Relocated to N.J.R.E. 804(b)(3).], (26) Judgments against Persons Entitled to Indemnity., Subject to Rule 807 and except in a case brought under the Joint Tortfeasors Contribution Law, N.J.S.A. 2A:53A-1 to -5, the record of a final judgment is admissible if offered by the judgment debtor in an action in which the debtor seeks to recover partial or total indemnity or exoneration for money paid or a liability incurred because of the judgment, as evidence: (A) of the liability of the judgment debtor; (B) of the facts on which the judgment is based; and (C) of the reasonableness of the damages recovered. If the defendant in the second action had notice of and opportunity to defend the first action, the judgment is conclusive evidence., (27) Statements by a Child Relating to a Sexual Offense., A statement made by a child under the age of 12 relating to sexual misconduct committed with or against that child is admissible in a criminal, juvenile, or civil case if (a) the proponent of the statement makes known to the adverse party an intention to offer the statement and the particulars of the statement at such time as to provide the adverse party with a fair opportunity to prepare to meet it; (b) the court finds, in a hearing conducted pursuant to Rule 104(a), that on the basis of the time, content and circumstances of the statement there is a probability that the statement is trustworthy; and (c) either (i) the child testifies at the proceeding, or (ii) the child is unavailable as a witness and there is offered admissible evidence corroborating the act of sexual abuse; provided that no child whose statement is to be offered in evidence pursuant to this rule shall be disqualified to be a witness in such proceeding by virtue of the requirements of Rule 601. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; paragraph (c)(25) amended and paragraph (c)(27) added June 30, 1993 to be effective July 1, 1993; paragraphs (c)(5), (c)(22), (c)(26), and (c)(27) amended September 15, 2004 to be effective July 1, 2005; paragraphs (a), (a)(1), (a)(2), (b), (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), (c), (c)(1), (c)(2), (c)(3), (c)(4), (c)(5), (c)(5)(A), (c)(5)(B), (c)(5)(C), (c)(6), (c)(7) amended, (c)(7) redesignated as (c)(7)(A) and (B), (c)(8), (c)(8)(A), (c)(8)(B), (c)(9), (c)(10), (c)(10)(A), (c)(10)(B), (c)(11), (c)(12) amended, (c)(12) redesignated as (c)(12)(A), (B), and (C), (c)(13), (c)(14) amended, (c)(14) redesignated as (c)(14)(A), (B), and (C), (c)(15), (c)(16), (c)(17), (c)(18), (c)(18) amended, (c)(18) redesignated as (c)(18)(A) and (B), (c)(19), (c)(20), (c)(21), (c)(22), (c)(23), (c)(23) amended, (c)(23) redesignated as (c)(23)(A) and (B), (c)(25), (c)(26), (c)(26) amended, (c)(26) redesignated as (c)(26 (A), (B), and (C), and (c)(27) amended September 16, 2019 to be effective July 1, 2020; deleted from N.J.R.E. 803 and relocated with amendments as N.J.R.E. 804(b)(3) September 15, 2023 to be effective July 1, 2024., N.J.R.E. 804. Hearsay Exceptions: Declarant Unavailable, (a) Definition of Unavailable., Except when the declarant's unavailability has been procured or wrongfully caused by the proponent of declarant's statement for the purpose of preventing declarant from attending or testifying, a declarant is "unavailable" as a witness if declarant: (1) is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the statement; or (2) persists in refusing to testify concerning the subject matter of the statement despite an order of the court to do so; or (3) testifies to a lack of memory of the subject matter of the statement; or (4) is absent from the trial, hearing or proceeding because of death, physical or mental illness or infirmity, or other cause; and (A) the proponent of the statement is unable by process or other reasonable means to procure the declarant's attendance at the trial, hearing, or proceeding; and (B) with respect to statements proffered under Rules 804(b)(4) and (7), the proponent must be unable, without undue hardship or expense, to obtain declarant's deposition for use in lieu of testimony at the trial, hearing, or proceeding; or, (5), [Deleted – see N.J.R.E. 803(c)(27)]., (b) Hearsay Exceptions., Subject to Rule 807, the following are not excluded by the hearsay rule if the declarant is unavailable as a witness., (1) Testimony in Prior Proceedings., (A) Testimony that: (i) was given by a witness at a prior trial of the same or a different matter, or in a hearing or deposition taken in compliance with law in the same or another proceeding; and (ii) is now offered against a party who had an opportunity and similar motive in the prior trial, hearing or deposition to develop the testimony by examination or cross-examination. (B) In a civil proceeding, or when offered by the defendant in a criminal proceeding, testimony given in a prior trial, hearing or deposition taken in compliance with law to which the party against whom the testimony is now offered was not a party, if the party who offered the prior testimony or against whom it was offered had an opportunity to develop the testimony on examination or cross-examination and had an interest and motive to do so, which is the same or similar to that of the party against whom it is now offered. (C) Expert opinion testimony given in a prior trial, hearing, or deposition otherwise admissible under (A) or (B) may be excluded if the court finds that there are experts of a like kind generally available within a reasonable distance from the place in which the action is pending and the interests of justice so require., (2) Statement Under Belief of Imminent Death., In a criminal proceeding, a statement made by a victim unavailable as a witness is admissible if it was made voluntarily and in good faith and while the declarant believed in the imminence of declarant's impending death., (3) Statement Against Interest., A statement that a reasonable person in the declarant's position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant’s proprietary, pecuniary or social interest, or had so great a tendency to invalidate the declarant’s claim against another or to expose the declarant to civil or criminal liability. Such a statement is admissible against a defendant in a criminal proceeding only if the defendant was the declarant., (4) Statement of Personal or Family History., A statement about: (A) the declarant's own birth, adoption, legitimacy, ancestry, marriage or civil union, divorce, relationship by blood, adoption, or marriage or civil union, or similar facts of personal or family history, even though the declarant had no way of acquiring personal knowledge about that fact; or of the matter stated; or (B) another person concerning any of these facts, as well as death, if the declarant was related to the person by blood, adoption, or marriage or civil union, or was so intimately associated with the person's family that the declarant’s information is likely to be accurate., (5) Other Exceptions., [Not Adopted], (6) Trustworthy Statements by Deceased Declarants., In a civil proceeding, a statement made by a person unavailable as a witness because of death if the statement was made in good faith upon declarant's personal knowledge in circumstances indicating that it is trustworthy., (7) Voters' Statements., A statement by a voter concerning the voter's qualifications to vote or the fact or content of the vote. (8) [Deleted.], (9) Forfeiture by Wrongdoing., A statement offered against a party who has engaged, directly or indirectly, in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; paragraphs (a)(5) and (b)(8) deleted and paragraph (b)(2) amended June 30, 1993 to be effective July 1, 1993; paragraphs (a) and (b) amended September 15, 2004 to be effective July 1, 2005; paragraph (b)(9) added September 15, 2010 to be effective July 1, 2011; paragraph (a) caption and text amended, paragraph (b) caption amended, paragraphs (b)(1), and (b)(4) captions and text amended, paragraphs (b)(2), (b)(6), (b)(7), (b)(9) captions amended September 16, 2019 to be effective July 1, 2020; paragraph (b)(3) relocated as amended from N.J.R.E. 803(c)(25) September 15, 2023 to be effective July 1, 2024., N.J.R.E. 805. Hearsay Within Hearsay, Hearsay within hearsay is not excluded by the rule against hearsay if each part of the combined statements conforms with an exception to the rule. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 806. Attacking and Supporting Credibility of Declarant, When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if the declarant had testified as a witness. The court may admit evidence of the declarant’s inconsistent statement or conduct, regardless of when it occurred or whether the declarant had an opportunity to explain or deny it. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, that party is entitled to examine the declarant on the statement as if under cross-examination. NOTE: Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 807. Discretion of Court to Exclude Evidence Under Certain Exceptions, Except if offered by a defendant in a criminal proceeding, when any statement is admissible under Rules 803(c)(8), 803(c)(9), 803(c)(10), 803(c)(11), 803(c)(12), 803(c)(13), 803(c)(14), 803(c)(15), 803(c)(26) or 804(b), the court may exclude the statement at the trial if it appears that the proponent's intention to offer the statement in evidence was not made known to the adverse party at such time as to provide that party with a fair opportunity to challenge the statement. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; caption and text amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 808. Expert Opinion Included in a Hearsay Statement Admissible Under an Exception, Expert opinion that is included in an admissible hearsay statement shall be excluded if the declarant has not been produced as a witness unless the court finds that the circumstances involved in rendering the opinion tend to establish its trustworthiness. Factors to consider include the motive, duty, and interest of the declarant, whether litigation was contemplated by the declarant, the complexity of the subject matter, and the likelihood of accuracy of the opinion. NOTE: Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020.
- Article IX. Authentication and Identification, N.J.R.E. 901. Requirement of Authentication or Identification To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must present evidence sufficient to support a finding that the item is what its proponent claims. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 902. Self-Authentication, The following items of evidence are self-authenticating and they require no extrinsic evidence of authenticity in order to be admitted:, (a) New Jersey Public Documents., A document purporting to bear a signature affixed in an official capacity by an officer or employee of the State of New Jersey or of a political subdivision, department, office, or agency thereof., (b) Other Domestic Public Documents., A document (1) bearing a seal purporting to be that of the United States, or of any state, district, commonwealth, territory, or possession thereof, or of a political subdivision, department, office, or agency thereof, and a signature purporting to be an attestation or execution, or (2) purporting to bear a signature affixed in an official capacity by an officer or employee of such an entity, having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer had the official capacity and that the signature is genuine., (c) Foreign Public Documents., A document purporting to be executed or attested in an official capacity by a person authorized by the laws of a foreign country to make the execution or attestation, provided that either an apostille is affixed to the document certifying its genuineness pursuant to international agreement to which the United States is a party or the document is accompanied by a final certification as to the genuineness of the signature and official position (1) of the executing or attesting person, or (2) of any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification., (d) Certified Copies of Public Records., A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with paragraph (a), (b), or (c) of this rule or complying with any law or rule of court., (e) Official Publications., A book, pamphlet, or other publication purporting to be issued by public authority., (f) Newspapers and Periodicals., Printed material purporting to be a newspaper or periodical., (g) Trade Inscriptions and the Like., An inscription, sign, tag, or label purporting to have been affixed in the course of business and indicating ownership, control, or origin., (h) Acknowledged Documents., A document accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments., (i) Commercial Paper and Related Documents., Commercial paper, a signature on it, and documents relating thereto related to the extent provided by applicable commercial law., (j) Presumption Under Statute., Any signature, document, or other matter declared by state or federal law to be presumptively or prima facie genuine or authentic., (k) Certificate of Lack of Record., A writing asserting the absence of an official record authenticated in the manner prescribed for public documents in paragraph (a), (b), or (c) of this rule. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; first paragraph amended, paragraphs (a), (e), (f), (g), (h), (i) captions and text amended, paragraphs (b), (c), (d), (j), (k) caption amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 903. Testimony of Subscribing Witness Unnecessary, A subscribing witness’ testimony is necessary to authenticate a writing only if required by the law of the jurisdiction that governs its validity. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020.
- Article X. Contents of Writings, Recordings, and Photographs, N.J.R.E. 1001. Definitions For purposes of this article the following definitions are applicable:, (a) Writings., "Writings," which include recordings, are defined in Rule 801(e)., (b) Photographs., "Photographs" include still photographs, X-ray films, videos, motion pictures and similar forms of reproduced likenesses., (c) Original., An "original" of a writing is the writing itself or any counterpart intended by the person or persons executing or issuing it to have the same effect. An "original" of a photograph includes the negative or any print therefrom. With respect to electronically created documents, any printout or other output readable by sight, shown to reflect the data accurately, is an "original.", (d) Duplicate., A "duplicate" is a counterpart, other than an original, produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and reductions, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; paragraphs (c) and (d) amended September 15, 2017 to be effective July 1, 2018; paragraph (b) amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 1002. Requirement of Original, To prove the content of a writing or photograph, the original writing or photograph is required except as otherwise provided in these rules or by statute. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 1003. Admissibility of Duplicates, A duplicate as defined by Rule 1001(d) is admissible to the same extent as an original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate. , NOTE:, Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 1004. Admissibility of Other Evidence of Contents, The original is not required and other evidence of the contents of a writing or photograph is admissible if:, (a) Originals lost or destroyed., All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or, (b) Original not obtainable., No original can be obtained by any available judicial process or procedure or by other available means; or, (c) Original in possession of opponent., At a time when an original was under the control of the party against whom offered, that party was put on notice by the pleadings or otherwise that the contents would be a subject of proof at the hearing, and that party does not produce the original at the hearing; or, (d) Collateral matters., The writing or photograph is not closely related to a controlling issue and it would not be expedient to require its production. , NOTE:, Adopted September 15, 1992 to be effective July 1, 1993., N.J.R.E. 1005. Public Records, The proponent may use a copy to prove the contents of an official record, or of a writing that was recorded or filed in a public office as authorized by law, if these conditions are met: (a) the record or writing is otherwise admissible; (b) and the copy is certified as correct in accordance with Rule 902, or is testified to be correct by a witness who has compared it with the original. If no such copy can be obtained by reasonable diligence, then the proponent may use other evidence to prove the contents. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 1006. Summaries, The proponent may use a summary, chart, or calculation presented by a qualified witness to prove the content of voluminous writings or photographs that cannot conveniently be examined in court. The proponent shall make the originals or duplicates available for examination or copying, or both, by other parties at a reasonable time and place or mode. The court may order the proponent to produce them in court. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 1007. Testimony or Written Statement of Party, The proponent may prove the content of a writing or photograph by the testimony, deposition, or written statement of the party against whom the evidence is offered. The proponent need not account for the original. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020., N.J.R.E. 1008. Functions of Court and Jury, Ordinarily the court determines whether the proponent has fulfilled the factual conditions for admitting other evidence of the content of a writing or photograph under Rule 1004 or 1005. However, in a jury trial, the jury determines, in accordance with Rule 104, any factual issue about whether: (a) an asserted writing or photograph ever existed, (b) another writing or photograph produced at the trial or hearing is the original, or (c) the evidence correctly reflects the content of the original writing or photograph. , NOTE, : Adopted September 15, 1992 to be effective July 1, 1993; amended September 16, 2019 to be effective July 1, 2020.
- Sex Offender Supervision, If you are on probation as a sex offender, a specially trained probation officer will supervise you, track your progress, and help you find the services you need., Sex offender registration, Most sex offenders must register with local law enforcement. Failure to register could result in criminal charges. New Jersey Sex Offender Internet Registry Important information for sex offenders from the NJ State Police, Internet Monitoring and Computer/Device Restrictions, You might not be allowed to access the Internet as part of your conditions of probation. Your probation officer might check your computer, laptop, cell phone, or other devices that connect to the Internet. Your probation officer will speak to family members or anyone that you live within your home. You will have to pay for the cost of Internet monitoring. You will not be allowed to have Apple devices while you are on probation. You can ask your probation officer any questions you have about Internet monitoring., Other requirements of probation for sex offenders, Frequent contact with your probation officer at the reporting office and at home get a Department of Labor and Workforce Development Career Services job, take job training, or finish their high school education; Drug testing might be required and Behavioral Health/Substance Abuse Resources Drug, alcohol and psychological counseling when necessary, Visiting and moving out of state, You must speak to your probation officer before making plans to leave the state. You might have to register as a sex offender in the state you are visiting. Your probation officer can give you more information. Behavioral Health/Substance Abuse Resources Behavioral Health/Substance Abuse Resources Vicinage Chief Probation Officers Contact List Vicinage Probation Contact Information
- Information for Crime Victims, Restitution A victim or the family of a victim of a crime committed in New Jersey can be repaid for losses and expenses that resulted from the crime. This repayment is called restitution. Any convicted person might have to pay restitution to the victim or the victim's family as part of their sentence. The victim’s expenses could include lost wages, medical bills, funeral costs, the value of stolen or damages property, loss of business, and other related debts. When restitution is ordered, the judge decides how much money is to be paid, to whom, and over what time period. The judge will consider if the offender has other debts, such as child support or restitution for other crimes, and if the offender is employed. The judge will set up a payment plan. Payments are made to Probation Services and then Probation Services will send checks to the victims. Probation Services will need to know the victims’ current address in order to send payment. Restitution: A Payback for Victims - brochure Read more about restitution ., Restitution payments, Restitution checks are paid at least once a month as long as the client is making timely payments to probation., How to tell if your check is for restitution, If you have received a check from the State of New Jersey Judiciary and are unsure of its purpose, the client’s name and reference number (i.e. Client ID), and the Court's phone number will be printed on the top of the payment statement for any questions you may have., If restitution checks stop coming, Restitution checks are sent based on the payments received from the person placed on probation. As long as enough funds are received, restitution checks will be generated. The court must have your current address in order to send your payment. Contact your Vicinage Chief Probation Officers Contact List local probation office if your address changes, Victim of Crimes Compensation Office (VCCO), Victims or their families also can receive compensation from the New Jersey Victims of Crime Compensation Office (VCCO). The VCCO can repay victims or their families for out-of-pocket medical expenses, lost wages, and funeral costs only after other sources such as insurance, health benefits, welfare, or Social Security have paid their share of the expenses. VCCO does not cover property loss or pain and suffering. For information on filing claims, contact: NJ Victim of Crimes Compensation Office 50 Park Place, 5th floor Newark, NJ 07102 1-877-658-2221 1-877-658-2221, Victims’ Involvement in the intensive Supervision Program (ISP), ISP clients make payments to the Victims of Crime Compensation Office, if ordered. All victims are invited to attend ISP hearings and to give the judges their view about your release. Victims often support release into the program, since entry to the program means payment to the victims, if ordered. Victims can choose to volunteer to become part of the ISP client’s case
- Juvenile Intensive Supervision Program, The Juvenile Intensive Supervision Program (JISP) is available for certain juveniles convicted of a crime., Eligibility, Entry to JISP is not a given. The family court judge may refer you to JISP, except if you are convicted of certain crimes: First degree cases Megan’s Law sex offenses Arson offenses, Referral, If you are eligible for the program, the family court judge may refer your case to a JISP officer for assessment., The Investigation and Assessment, Before you enter JISP, you and your family will meet with a JISP officer to review the program and ask questions to help find out whether you will be able to complete the program. The JISP officer will then submit a report to the family court judge. If the judge determines that you are eligible based upon the investigation report, the judge will sentence you into the JISP program by court order., Rules of JISP, You must attend school and/or have a job Community service Regular contact with your JISP officer Firm curfew rules Your Family will take part in the program Take part in treatment programs, Length of Program, If you are accepted into JISP program, you can expect to be in the program for at least 18 months. Juvenile Delinquency and Your Child Juvenile Delinquency and Your Child Intensive Supervision Program - Administrative and Regional Offices Regional ISP and JISP offices
- Resources, General Resources Call the National Suicide Prevention Hotline National Suicide Prevention Hotline at 800-273-8255 1-800-273-8255 if you want to talk to someone. Review the Juvenile Delinquency Proceedings and Your Child Juvenile Delinquency Proceedings and Your Child brochure to learn more about how those court cases are resolved. Call the New Jersey Division of Child Protection & Permanency New Jersey Division of Child Protection & Permanency at 1-877-NJ-ABUSE if you suspect a child is being abused. You can request expungement of a juvenile record. Perform Care Perform Care helps families across New Jersey with Behavioral Health, Intellectual/Developmental Disability Services, and Substance Use Treatment. Their service number is 1-877-652-7624 1-877-652-7624 . The NJ Coalition to End Domestic Violence Teen Dating Violence Webinars NJ Coalition to End Domestic Violence provides Teen Dating Violence webinars for both teens and their parents. , Behavioral Health Resources:, *In case of emergency: If you or someone you know is experiencing a mental health crisis, call 911 right away. This list of Emergency Crisis Centers Emergency Crisis Centers provides locations by county. Find a center near you. Find a Community-Based Mental Health Agencies by County Community Based Mental Health and Substance Abuse Treatment Agency in your county. These organizations provide Homeless Services homeless services . Visit the Advocacy and Family Support The National Alliance of Mental Illness New Jersey for advocacy and family support. The Mental Health Association in New Jersey Mental Health Association in New Jersey can also provide information and resources. Veterans in need of services can ask about additional help at Veteran Services Veteran Services, Batterer's Intervention Services:, Use the links below to find batterer's intervention services in your area Department of Children and Families Domestic Violence Services Department of Children and Families Domestic Violence Services . This department provides domestic violence programs throughout the state. They also fund the: NJ Coalition to End Domestic Violence (NJCEDV) NJ Coalition to End Domestic Violence (NJCEDV) 24-Hour Helpline: 800-572-7233 800-572-7233, Substance Abuse Resources:, **If you or someone you know is experiencing a drug overdose or alcohol poisoning call 911 right away. The NJ Division of Mental Health and Addiction Services NJ Division of Mental Health and Addiction Services department provides programs that could help. Get informed on opioid overdose basics from the Harm Reduction Coalition Opioid Overdose Basics Harm Reduction Coalition. The Harm Reduction Coalition Opioid Overdose Basics Substance Abuse and Mental Health Services Administration (SAMHSA) can help you find treatment services and additional information. The National Institute on Drug Abuse National Institute on Drug Abuse leads federal research on drug use and its consequences.
- Suicide Prevention Awareness Month, You are not alone…You Matter! September is Suicide Prevention Awareness Month – suicide can affect any one Below are messages from some of our youth If you, or someone you know, is in crisis or are experiencing suicidal thoughts, call The National Suicide Prevention Lifeline at 1-800-273 TALK (8255) or call 911 immediately. If you’re uncomfortable talking on the phone, you can also text NAMI to 741-741 to be connected to a free, trained crisis counselor on the Crisis Text Line Suicide Prevention Awareness Month Suicide Prevention Awareness Month
- Frequently Asked Questions About Domestic Violence, What happens when the restraining order is requested at the courthouse? A domestic violence staff member will interview the plaintiff and ask questions about the event that brought them to the courthouse. They also will ask about past incidents of domestic violence. After the interview, there will be a hearing with a domestic violence hearing officer or judge. The defendant does not need to be present. The plaintiff will be issued a temporary restraining order TRO if the hearing officer agrees that one is needed. If the case is heard by a hearing officer who does not recommend a TRO, the plaintiff can ask to have a judge hear the case. If the judge or a hearing officer issues a TRO, the plaintiff will be given a date to return for a final restraining order (FRO) hearing within 10 days. Copies of the TRO will be sent to law enforcement for personal service on the defendant. The plaintiff and defendant need to appear on the scheduled day of the final hearing. What happens if the plaintiff wants to dismiss or modify an existing Restraining Order? Any request to dismiss or make changes to an existing order must be done in person and heard before a judge. Restraining orders cannot be dropped or modified by telephone. If the plaintiff reconciles with the defendant, it does not mean an automatic dismissal of an order. If the plaintiff wishes to reconcile with the defendant, the plaintiff must appear before a judge in the Family Division of Superior Court to request a dismissal. Contact between the plaintiff and defendant in advance of a court order subjects the defendant to criminal prosecution. If the restraining order is dismissed, there still might be pending criminal charges that need to be addressed separately in the appropriate municipal or criminal court. Who is a Defendant under the PDVA? Under the PDVA, the defendant must be 18 years old OR the defendant is a minor who is considered emancipated for one of the reasons listed below. Military service Being pregnant or having a child Emancipation by a court or an administrative agency. What happens at the Final Restraining Order hearing? The judge will hear testimony from both parties. The judge will decide whether an act of domestic violence occurred, whether a final restraining order (FRO) should be issued and if so, what types of relief will be granted. Relief could include the following prohibitions: The defendant might be barred from future acts of domestic violence. The defendant might be barred from the plaintiff’s residence, place of employment or other places. The defendant might be prohibited from having any oral, written, personal, or electronic contact with the plaintiff or others. The defendant might be prohibited from making or causing anyone else to harass the plaintiff or others. The defendant might be prohibited from stalking, following, threatening to harm, stalk, or follow the plaintiff or others. The defendant might be ordered to pay child support or emergency funds. The defendant might be ordered to attend substance abuse counseling or other evaluations. The defendant will be prohibited from possession of weapons. The plaintiff might be issued exclusive possession of the residence, temporary custody of children, support, medical coverage, damages, and other items. If the FRO is issued, the defendant will be photographed and fingerprinted and will be ordered to pay a penalty of $50 to $500, payable through the court’s finance department. A copy of the FRO will be given to both parties. It is important to review the order before leaving the building to ensure accuracy. The Family Division will forward a copy of the order to the police department in the municipality where the plaintiff lives. The plaintiff also should provide copies to work, daycare centers, schools, and any other places of significance. The plaintiff should keep the FRO in his or her possession at all times. If lost, additional copies can be requested at the domestic violence unit where the order was entered. What happens to child support if the plaintiff asks for the Final Restraining Order to be dismissed? If the FRO is dismissed, the plaintiff can request a new order to continue the child support. What is a Restraining Order? A restraining order is an order issued by the court that is intended to protect a victim of domestic violence from a defendant with whom the victim has or had a relationship. Should the parties bring anything to the Final Restraining Order hearing? You might choose to hire an attorney, but an attorney is not required for either party. Bring anything you want the court to consider. This could include the following: Witnesses. The court cannot accept written testimony. Photos of injuries and property damage. Medical documents. Receipts related to property damage. Financial information if you want the defendant to pay housing expenses, spousal support, or child support. What if the parties want to attend counseling in a Domestic Volence case? The parties may not attend counseling together if there is an order in effect. There is no mediation of any kind if there is a restraining order in effect or a history of domestic violence. Who can qualify for a Restraining Order? A victim of domestic violence is a person who is 18 years of age or older, or who is an emancipated minor. The victim has suffered domestic violence by one of the persons listed below. A spouse or former spouse A present or past household member Someone with whom the victim has had a child or is expecting a child Someone whom the victim is dating or has dated What if the plaintiff appears for court and the defendant fails to appear in a domestic violence case? The judge could issue an FRO against the defendant, if there is proof of service or testimony that the defendant was aware of the hearing date. If there is no proof that the defendant has been served, a new date might be scheduled, and the TRO will remain in effect. A law enforcement officer will serve the defendant with a copy of the final order. What is Domestic Violence?, What crimes are covered by the 1991 Prevention of Domestic Violence Act (PDVA)?, Domestic violence occurs when one of the crimes listed below is committed against a person protected under the 1991 Prevention of Domestic Violence Act (PDVA). The crimes are listed below. Homicide Assault Terroristic Threats Kidnapping Criminal restraint False imprisonment Sexual assault Criminal sexual contact Lewdness Criminal mischief Burglary Criminal trespass Harassment Stalking Criminal Coercion Robbery Contempt of a Domestic Violence Order Crimes involving risk of death or serious bodily injury Cyber-harassment Does the Final Restraining Order expire? FROs do not expire in New Jersey. Additionally, the Full Faith and Credit provisions of the Federal Violence Against Women Act requires all states, US territories and commonwealths to enforce restraining orders. This means if you leave New Jersey, your order is enforceable in every state, US territory, and commonwealth. Keep the order with you at all times. How do I apply for a Restraining Order? A person can file in the county where the defendant lives, where the plaintiff lives, or where the plaintiff is sheltered or staying temporarily. Go to the Domestic Violence Unit of the Superior Court Family Division at the county courthouse. Offices are open every weekday from 8:30 a.m. to 3:30 p.m. Weekend, evenings, and holidays, go to your local police department to file a complaint. What if the Defendant is not abiding by the Restraining Order? The restraining order is divided into two parts:, Part 1, contains restraints against contact. If the defendant does not comply with Part 1 of the order, the plaintiff can go to the police station and sign criminal charges., Part 2, deals with financial and parenting issues. If the defendant is not complying with Part 2 of the order, it must be enforced through family court. Domestic violence matters are serious. If you are unsure about any aspect of a restraining order, you should call the police or contact the family court. What relationships are covered by the PDVA? The parties must have had a specific relationship at present or in the past. The gender of the parties is not a factor. The relationships are listed below. Marriage Separation Divorce Living together in the same household now or in the past Dating or dated in the past Having a child in common Will criminal charges be filed in Domestic Violence cases? The victim can choose to file a criminal complaint with the police. If the victim chooses not to file a complaint, the police are required to file a criminal complaint if there are visible signs of injury.
- Continuing Legal Education - FAQ, Contact the staff at or submit questions in writing to: . , On This Page, General FAQs, How are ethics and professional responsibility courses defined? Ethics and/or professional responsibility courses or segments of courses are devoted to: the substance, underlying rationale, and the practical application of the Rules of Professional Conduct; the professional obligations of the attorney to the client, the court, the public, and other lawyers; substance abuse and its effects on lawyers and the practice of law; and diversity, inclusion, and elimination of bias. Diversity, inclusion, and elimination of bias programs and courses relevant to the practice of law may include, among other topics, implicit and explicit bias, equal access to justice, serving a diverse population, diversity and inclusion initiatives in the legal profession, and cultural competency in the practice of law or the administration of justice (BCLE Reg. 103:1(k)). Are law school courses eligible for CLE? No. Courses taken toward any degree, including law, cannot be used toward compliance with the CLE requirement. However, law schools that offer continuing education courses to licensed lawyers can obtain CLE credit for those courses, so long as those courses do not also apply toward the school’s law degree program. What are the requirements for newly admitted attorneys? In their first full two-year compliance period, newly admitted New Jersey attorneys with a plenary license must earn sixteen (16) of the twenty-four (24) credit hours in at least six (6) of the following twelve (12) subject areas: NJ basic estate administration; NJ basic estate planning; NJ civil or criminal trial preparation; NJ family law practice; NJ real estate closing procedures; NJ attorney trust and business accounting fundamentals; NJ landlord/tenant practice; NJ municipal court practice; and NJ law office management; NJ administrative law; NJ workers’ compensation law; and New Jersey labor and employment law. At least one credit of the required sixteen credits must be in New Jersey attorney trust and business accounting fundamentals. (BCLE Reg. 201:2). Courses that are approved for the newly admitted attorney requirement can be found using the law category drop down menu in the CLE Approved Course Catalog course catalog. How are courses on professionalism defined? Professionalism courses are devoted to the examination or identification of principles of competence, civility, improvement of the justice system, advancement of the rule of law, and service to the community. Can a law professor obtain credit for teaching law students? Law school professors and instructors are not awarded CLE credit for teaching full or part-time law students (BCLE Reg. 201:6). What is considered a legal education activity or course? Continuing legal education is defined as any legal, judicial, or other educational activity designed principally to maintain or advance the professional competence of attorneys and/or to expand an appreciation and understanding of the ethical and professional responsibility of attorneys (BCLE Reg. 103:1(i)). Activities that WILL NOT be given CLE credit include, but are not limited to, writing or publications; mentoring another attorney; pro bono work; teaching and/or attending law school classes; and activities used to market or sell the presenter's technology, products, services, or skills (BCLE Reg. 301:7). What is an alternative verifiable learning format? Alternative verifiable learning format courses are those courses presented on videotape, audiotape, remote-place viewing, online Internet computer presentations, webinars, webcasts, satellite simulcasts, teleconferences, videoconferences, and Internet computer self-study (BCLE Reg. 103:1(b)). Alternate verifiable learning format courses not considered live instruction pursuant to the Board’s regulations are limited to one-half of the total credit requirement in any compliance period (BCLE Reg. 201:8). Are courses that do not focus on the law itself, but still enhance an attorney's skills, eligible for accreditation? Hybrid programs that cross academic lines but do not deal directly with the practice of law, such as: accounting, medicine, environmental science, may be considered for approval by the Board. In making its determination, the Board must be satisfied that the content of the activity or course will enhance the attorney’s legal skills and/or the ability to practice law (CLE Reg. 301:5). Does New Jersey accept CLE credits from other mandatory CLE jurisdictions? Through reciprocity, New Jersey will accept credits for courses that are not accredited in New Jersey, but are accredited in another mandatory CLE jurisdiction, provided the type of credit/course is not otherwise excluded by the Board on Continuing Legal Education Regulations BCLE Regulations and does not exceed the credits allowed for teaching. Attorneys relying on reciprocity must ensure that they are also meeting the requirements of New Jersey's program. There is no fee for reciprocity. A course taken that has not been approved in a mandatory CLE jurisdiction will not have the benefit of reciprocity (BCLE Reg. 201:4). An attorney can seek credit for such courses with the Accreditation of an Individual Course individual attorney application for CLE credit . Do attorneys get additional credit for teaching? Once per compliance period, attorneys who present an approved course are entitled to claim double credit for the amount of time personally spent presenting/as a panelist. If the attorney presenter attends the rest of the course, he/she can claim hour-for-hour credit for attendance at those portions of the course. Attorneys are entitled to the additional presenting credit once per compliance period. Future presentations of the same course will be awarded attendance credit hours only. Attorneys teaching/presenting a course that is accredited in another mandatory CLE jurisdiction that allows for more credit for teaching/presenting than offered in NJ can only use the NJ calculation for teaching credit towards compliance in NJ. Attorneys who are involved in New Jersey approved moot court or mock trial activities are able to claim up to six credits per compliance period for such activities. The credit is for the actual moot court or mock trial presentations and not for any additional coaching sessions. To obtain credit, the attorney must have the appropriate Certificate of Attendance. What is the New Jersey CLE requirement for an attorney? Unless otherwise exempt, every active New Jersey licensed attorney in good standing is required to complete 24 credit hours of continuing legal education every two years. Of those 24 credits, five must be in ethics and/or professionalism and at least 2 of the 5 must be in diversity, inclusion & elimination of bias (BCLE Reg. 201:1). A minimum of one-half of the credits must be earned live, as defined in the Board’s regulations (BCLE Reg. 201:8). Are approved courses listed somewhere? Approved courses will be displayed in the Board’s course catalog Board’s course catalog and will be available for attorneys to search. The presumption is that all approved courses will be displayed in the Board’s course catalog Board’s course catalog unless the provider specifically requests that it not be advertised. What is a credit hour? A credit hour is 50 minutes of instruction time in Board-accredited continuing legal education courses. Segments considered not educational, such as introductory remarks, keynote speeches, breaks, meals, etc., will be excluded (BCLE Reg. 103:1(j)). Is credit available for teaching the same course more than once in a compliance period? No. The 2:1 credit for teaching is available for the same course only once during a compliance period. However, attorneys can get 1:1 credit for attending the same course multiple times in that same compliance period (BCLE Reg. 201:6). Who must comply with the continuing legal education requirement? Any attorney with a plenary or limited license to the New Jersey bar who is in good standing is required to comply,, regardless of whether the attorney is practicing New Jersey law, . The program is mandatory for attorneys, judges, in-house corporate counsel, attorneys who work for government entities, and those not otherwise exempt. If at any time during the compliance period a licensed attorney is active with the Fund for Client Protection, having paid the annual attorney registration fee, he or she must meet the CLE requirement for that period., Attorney FAQs, Can attorneys obtain credit for writing a legal article or book? No. The Board does not grant CLE credit for publishing. Can attorneys earn CLE credit by taking courses by tape, online, or through another form of technology? Generally, yes. The courses must be approved for CLE credit. Alternative verifiable learning format courses are those courses in which the participant is not physically in the room with the presenter. Courses offered under an alternative verifiable learning format must have a reliable method of verifying and recording participation. A system that only monitors a participant’s log on and off times is insufficient. Courses taken through alternative verifiable learning formats not considered live instruction pursuant to the Board’s Regulations shall account for no more than one-half of the total credit hour requirement per compliance period (BCLE Reg. 201:8 and 301:9). How do I certify compliance of the program's mandatory requirements? Attorneys will certify compliance on the online Annual Attorney Registration and Billing Statement (BCLE Reg. 401:1). Every attorney is permanently assigned to one of two compliance groups, determined by their birth month. Compliance Group 1, those born from January 1 through June 30, will certify compliance in even-numbered years and Compliance Group 2, those born from July 1 through December 31, will certify compliance in odd-numbered years (BCLE Reg. 401:2). Why do some newly admitted attorneys have a transitional reporting requirement? Those attorneys whose requirement begins in January and within the 12 month period would have to report CLE based on their compliance group, they will have a transitional reporting period, requiring them to meet one-half of the two year requirement. Who is exempt from having to take CLE? Only attorneys who have been admitted to practice law for 50 years or more in New Jersey or any jurisdiction, those who have reached age seventy-five regardless of length of tenure at the Bar, those on full-time active duty in the military, VISTA or Peace Corps, and those retired completely from the practice of law, during the entire compliance period, are exempted from the mandatory CLE requirement (BCLE Reg. 202:1). Can attorneys obtain credit for attending law school courses? No. Courses taken toward any degree, including law, cannot be used toward compliance with the CLE requirement. However, an attorney can earn CLE credit for continuing legal education courses offered by a law school so long as those courses do not apply toward the school’s law degree program. What if I am both working and residing in a non-mandatory CLE jurisdiction, which may include a jurisdiction overseas? An attorney neither living nor working in a mandatory CLE jurisdiction can obtain all of their required credits through alternative verifiable learning formats (BCLE Reg. 201:8(b)). How will compliance be monitored? Every licensed New Jersey attorney is subject to being selected for audit by the Board. The Board will notify selected attorneys of an audit. Those attorneys will be required to demonstrate compliance in writing within 30 days of receipt of a request by the Board for information, and produce proof of compliance (BCLE Reg. 401:1). In addition, attorneys who are deemed non-compliant for failing to meet the requirement within the time frame allotted must submit certificates of attendance to prove compliance along with a reporting form provided by the Board and any required noncompliance fees. Can attorneys get credit for a course if they arrive late or leave early? It is up to the provider to determine if partial or no credit will be granted, depending on the circumstances. When I retire, am I still responsible to complete my CLE requirement? If you are active with the Fund at any time during the compliance reporting period, you must meet the continuing legal education requirement for the period. For example, if your compliance period is 1/1/2020-12/31/2021, and you claim retirement for the first time during the 2022 annual registration, you are considered active with the Fund during the compliance period and must complete and report CLE for the period. Do Inns of Court programs count for CLE credit? Yes. Attorneys who participate as masters, barristers, or pupils will receive 1:1 credit for their participation in educational activities (BCLE Reg. 201:7). Can courses taken in excess of any requirement carry over into the next compliance period? Up to 12 credit hours (6 for the transitional period) can be carried over to the next consecutive compliance period (BCLE Reg. 201:3). If the carried over credits are not used in the next consecutive compliance period, they cannot be carried further. An attorney that is subject to either a compliance audit or required to prove compliance after a period non-compliance must be able to prove any claimed carryover by submitting all attendance records for the prior compliance period. What happens to attorneys who do not fulfill the mandatory CLE requirement by the end of the compliance period? Attorneys will be notified by the Board of noncompliance and will receive notice of a grace period to achieve compliance. Any credits obtained during this time will count only for the previous compliance period and not the then-current compliance period. Those who avail themselves of the grace period will be assessed a $50 noncompliance fee. Where can I confirm that a program has New Jersey CLE accreditation? The CLE provider can confirm accreditation. In addition, the courses accredited by the Board for CLE, as well as the approved service provider list, can be viewed on the CLE Approved Course Catalog course catalog, available on the Continuing Legal Education Page on the Judiciary’s website: CLE Approved Course Catalog CLE Approved Course Catalog . I don’t practice New Jersey law. Am I exempt? Attorneys that do not practice New Jersey law, are not, automatically exempt from New Jersey’s CLE requirements. Attorneys practicing in another mandatory CLE jurisdiction can use courses approved in that jurisdiction to meet the NJ CLE requirement, so long as the course work is not specifically excluded in NJ and the specific credit requirements are met. Please see the related FAQ regarding exemptions, reciprocity, and alternative verifiable learning formats. How does an attorney obtain a Certificate of Attendance? The provider of a course approved for CLE credit in NJ must give the attorney attendee a New Jersey Certificate of Attendance. For courses approved in another mandatory CLE jurisdiction, a completed copy of that jurisdiction's Certificate of Attendance form will suffice as proof of attendance (BCLE Reg. 301:8). Do the newly admitted credits have to be based on New Jersey law? Yes. A course offered in a new admit subject area that is not New Jersey law specific may have obtained New Jersey CLE credit, but not New Jersey new admit credit. To earn credit toward the new admit requirement, the coursework must be New Jersey law specific and designated as New Jersey new admit. Will extensions of time for compliance be granted? An attorney may file an application for an extension of time by demonstrating good cause. The Board will review each request on a case-by-case basis and may extend the time of compliance for an attorney. The application for extension of time must be filed 21 days, before, the end of the attorney’s relevant compliance period (BCLE Reg. 202:3). Attorneys who did not complete their requirement and did not timely request an extension must avail themselves of the grace period. What happens if I don’t report compliance by the end of the grace period and am deemed non-compliant? When the grace period expires, attorneys will no longer be able to report compliance on the online registration system. Attorneys will find a reporting form on the Board’s website and must submit that completed reporting form to the Board and certificates of attendance proving compliance. In addition, the attorney will be assessed an additional $50 noncompliance fee. Attorneys who fail to report compliance thereafter may be subject to administrative ineligibility to practice New Jersey law (BCLE Reg. 402:1 and 402:3). Can attorneys get credit for a course when the provider did not apply for accreditation or if the course was not approved in another mandatory CLE jurisdiction? An attorney can submit an Individual Attorney Application for CLE Credit no later than 30 days after the completion of the course. Applications will be reviewed by the Board and decided on a case-by-case basis. Regardless, the presumption is for the provider to apply for CLE credit, not the attendee, especially if the course is primarily given to attorneys or is given in-house by law firms or corporations. What if circumstances prevent an attorney from complying with the CLE requirement? An attorney may file an application for a waiver of the requirement and must show by clear and convincing evidence either undue hardship, or circumstances beyond the control of the attorney that prevents compliance in any reasonable manner with the CLE requirement. For the Board to consider a waiver based on a medical reason, the application must be accompanied by a certification from a licensed physician, (BCLE Reg. 202:3). Depending on the circumstances, the Board may grant either a complete waiver of the CLE requirement for the compliance period or may grant another remedy, such as allowing the attorney to satisfy the requirements through 100% alternative verifiable learning format courses (BCLE Reg. 202:2). , Where do I submit my Certificate of Attendance after I complete a course? The New Jersey Continuing Legal Education program is self-reporting and the Board does not track an attorney’s credit-by-credit course work. Attorneys must maintain possession of their Certificates of Attendance for at least three years. In the event of a audit, attorneys will be asked to produce those records to verify compliance. The attorney is responsible for keeping track of the courses he or she takes toward compliance with the NJ mandatory CLE requirement (BCLE Reg. 401:1). I was just admitted to the NJ bar. When does my CLE requirement start? Every newly admitted attorney’s first compliance period begins January 1 of the calendar year immediately following the attorney’s admission to the bar. What happens if I am deemed ineligible to practice in New Jersey due to failure to comply with the CLE requirements? You will be placed on the CLE ineligible list and as such are no longer authorized to practice New Jersey law until you comply with the CLE requirement. Attorneys needing to be reinstated to practice will find a Reinstatement Reporting form on the Board’s website. The certificates of attendance proving compliance must be submitted with the reinstatement reporting form along with a $100 reinstatement fee and payment of any other non-compliance fees. Finally, the required credits stack. An attorney that is non-compliant for more than one compliance period must earn all credits required for each compliance period the attorney is non-compliant., Provider FAQs, Who is eligible to seek per-course approval as a provider of New Jersey CLE? Any person, entity, organization, or association who complies with the standards and requirements of Rule 1:42 and the Board's Regulations can apply for per-course approval or approved service provider status (BCLE Reg. 302:1). The presumption is for the provider to apply for CLE credit, not the attendee, especially if the course is primarily given to attorneys or is given in-house by law firms or corporations. What records should providers keep? All New Jersey CLE providers are required to keep and maintain attendance records for each approved educational activity that they offer for a period of not less than three consecutive years (BCLE Reg. 301:2). Attendance records should not be submitted to the Board unless requested. What are the standards for becoming an approved service provider? Applicants who meet the following minimum requirements may be granted approved service provider status: the provider has presented at least five separate programs of CLE that meet BCLE Reg. 301 and 302 within the past two consecutive years; the provider has demonstrated that its CLE activities have consistently met the standards set forth in BCLE Reg. 301 and 302; the provider is a law school accredited by the American Bar Association; or an “in-house” provider that previously has not presented a CLE course but satisfies the Board that the proposed future educational activities meet the standards set forth in BCLE Reg. 301 and 302. Are CLE providers required to use the New Jersey Certificate of Attendance? CLE providers who have obtained per-course approval or approved provider status by the Board are required to use only the New Jersey Certificate of Attendance available on the provider’s management page. Providers who do not seek or obtain course approval in New Jersey are not authorized to use the New Jersey Certificate of Attendance. Attorneys taking courses approved in another mandatory CLE jurisdiction and using them toward compliance in New Jersey through reciprocity may rely on that jurisdiction’s approved Certificate of Attendance (BCLE Reg 301:8). How long is approved provider status valid? The grant of accreditation as an approved service provider is valid for a period of two consecutive years from the date of the grant. The provider must timely submit a reapplication if seeking to extend service provider status. Each course announcement is good for one year from approval to ensure courses are updated to current law. How does a provider apply for per-course approval? Providers seeking per-course approval must complete an on-line application for Information for CLE Providers Individual Course Accreditation and submit the Information for CLE Providers proper fee and required documents including: a final version of the timed agenda; a brochure, advertisement, or announcement for the course; the names and credentials of all instructors; and a copy of their financial hardship policy if a registration or membership fee is charged. Course materials and hand-outs need not be provided, unless specifically requested by Board staff. If the course is not conducted live with the instructor in the same room as the participants, providers must also submit a description of the reliable method that was used to verify and record the attendance of each participant. Per-course approval expires one calendar year after the date of Board approval. Providers will be notified in writing by the Board of its decision regarding their application. They may also check their status on-line at the Board’s website. If an application for per-course approval is denied, the provider can seek reconsideration from the Board. They can then file with the Board a Notice of Petition for Review before the Supreme Court (BCLE Reg. 501:1). How does a provider calculate credit? The provider should submit the total number of minutes of actual instruction, exclusive of the introductory remarks, keynote speeches, breaks, meals, and any other segments that are not educational. That number of minutes will be divided by 50 to reach the correct number of total credits for the course. Any minutes related to ethics, professional responsibility and professionalism should be separated, as well as any minutes related to diversity, inclusion, and the elimination of bias (DIEB). For example, a course that is 200 minutes of total instruction, 50 minutes specifically for DIEB instruction and another 50 minutes in other ethics instruction, the course would be worth 4 credits, of which 2 credits qualify for ethics, including 1 credit of DIEB. If an attorney arrives late or leaves early, it is up to the provider to determine if the attorney receives partial credit. What are "in-house" courses? In-house courses are educational programs that are offered or conducted by law firms, corporate or government legal departments, or similar entities for the purpose of educating their members/employees (BCLE Reg. 103:1(m)). What is the requirement of providers for courses given in alternate formats such as tapes or webinars? Providers must have a reliable method of verifying and recording an attorney's attendance under an alternative verifiable learning format. Reliable methods of verifiability include embedded codes, polling, pop-up quiz questions, etc. A system that only monitors a participant’s log on and off times is insufficient. The provider is also required to distribute a New Jersey Certificate of Attendance to each attorney confirming the successful completion of the course only upon verification that the course in fact was completed (BCLE Reg. 301:9). How do providers renew or extend their approved provider status? A grant of accreditation as an approved service provider may be continued for an additional two-year period upon the online filing of a new and fully completed application and payment of the required fee prior to the expiration of the approved service provider's current accreditation period (BCLE Reg. 302:6). Providers will be notified in writing by the Board of its decision regarding their application. They may also check their status online at the Board’s website. An approved service provider's status could be declined for renewal or may be revoked at any time if the Board determines that the requirements of BCLE Reg. 301 and 302 were not met (BCLE Reg. 302:7). When should a provider submit a program for per-course approval? All programs must be submitted for per course approval at least 30 days prior to but no later than 30 days after the date the course was given. Courses submitted later than 30 days will be reviewed on a case-by-case basis and a late fee will be imposed. Late application is discouraged. How do providers seek approved service provider status? Through the provider management screen on the portal, enter the details of 5 courses presented by your agency in the 24 months preceding your application. The courses must have been accredited for continuing legal education in New Jersey or another mandatory CLE jurisdiction. Upload the timed agenda and brochure for each course. Submit hard copies of the following: Speaker biographies for all 5 courses, A complete set of materials for any 2 of the 5 courses, A sample attendance verification for each of the formats you seek to use, If payment was not made online via credit card, include a check or money order payable to “ Treasurer, State of New Jersey .” Refer to the Information for CLE Providers Fee Schedule. If seeking service provider status relying on CLE approval from another mandatory CLE jurisdiction, include proof of accreditation if any of the 5 courses were not previously accredited in New Jersey. Finally, if your agency charges a registration fee for any course, upload a copy of your Financial Hardship Policy. Providers will be notified in writing by the Board of its decision regarding their application. They may also check their status on-line at the Board’s website. If an application for approved service provider is denied, the provider can seek reconsideration from the Board. They can then file with the Board a Notice of Petition for Review before the Supreme Court (BCLE Reg. 501:1). What is the fee to apply for per-course accreditation or approved provider status? Most organizations are subject to paying an application fee to the Board. Please refer to the Information for CLE Providers fee chart available on the Board’s website. Government or public service organizations may be exempt from paying a fee but must request the exemption by providing an explanation as to how they qualify as government or public service organizations and submit that request on their organization’s letterhead. Public service organizations refer to only those that are offering CLE courses to train volunteers providing pro bono services. What is the specific language that must be used by a provider to advertise a course? When a course has been accredited or a course is offered by an approved service provider, the following language must be used: "This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for _____ hours of total CLE credit. Of these, _____ qualify as hours of total credit for ethics, professionalism, and professional responsibility, of which _____ qualify as hours of credit for diversity, inclusion and elimination of bias (BCLE Reg. 302:1). In addition, providers should note whether the course qualifies under any of the nine specified new admit areas, if applicable. How many times can the same course be given under a per-course approval? Many courses are given multiple times at different locations. The Board must be notified of all the dates and locations of the presentation via the provider’s management page. The accredited course approval expires one calendar year from the date of Board approval. Courses cannot be given after the expiration date unless a new application is submitted and approved by the Board. What are the standards for course accreditation? Educational activities that satisfy the following standards shall be approved for CLE credit: the activity must have significant intellectual, educational or practical content, and its primary objective must be to increase each participant's professional competence and proficiency as a lawyer; the activity shall constitute an organized program of learning dealing with matters directly related to the practice of law, professional responsibility, professionalism, or ethical obligations of lawyers; the CLE materials are to be prepared and approved activities are to be conducted by an approved service provider or a per-course approved provider qualified by practical or academic experience for a traditional CLE course in a setting suitable to the educational activity of the program and, when appropriate, equipped with suitable writing surfaces or sufficient space for taking notes; and thorough, high-quality, and carefully written materials are to be distributed to all attendees at or before the time the approved education activity is presented (BCLE Reg 301:1). What are the obligations of a provider once approved service provider status is obtained? Once a provider is granted approved service provider status, the courses offered are presumptively approved and the provider need not apply for per-course approval of each course. However, prior to the date of the presentations, but no later than 30 days after the presentation, the approved service provider must submit on-line announcements of each of its CLE activities through the provider’s management page and update the course information if any sessions or locations are changed or added. In addition, approved service providers must give attendees the New Jersey Certificate of Attendance available on the provider management page. The approved service provider is required to maintain all records of attendance for a period of 3 years from the date the course is last given. Providers may be asked to submit information on an attorney’s attendance during the random audit process. Lastly, by January 15 and July 15 of each year, the approved service provider shall also file with the Board a detailed report describing the CLE activities it conducted during the prior six months. The bi-annual report template is available on the provider’s management page. (BCLE Reg. 302:4). Does a provider have to offer a financial hardship policy? Every per-course provider and approved service provider who charges a registration, attendance, or membership fee is required to have a detailed financial hardship policy for lawyers who wish to attend its courses, but for whom the expense of such courses would pose a financial hardship. A financial hardship policy may include the award of scholarships, waivers of course fees, reduced fees, or discounts. The Board would like to see that a provider will offer a scholarship or waive the fee for an attorney who demonstrates a significant hardship, including but not limited to, unemployment. The Board will not approve courses or grant provider status without a financial hardship policy (BCLE Reg. 302:8). Can providers inform attorneys that they are seeking Board approval even if they have not yet heard from the Board? Providers may state that their application for course or program accreditation or approved service provider status in New Jersey is pending. Who is eligible to be considered as an approved service provider? Local, state, and specialty bar associations; for profit and nonprofit legal education providers; Inns of Court; educational institutions; in-house providers; and government entities are eligible for approved service provider status (BCLE Reg. 302:1). What do providers need to know about new admit courses? When advertising credit, providers must correctly distinguish between courses awarded New Jersey CLE credit vs courses awarded New Jersey CLE new admit credit, especially when a course covers one of the twelve subject areas but is not New Jersey law specific. To obtain credit for a New Jersey new admit course, the coursework must be specifically based in New Jersey law rather than general law or another jurisdiction’s law related to any one of the nine subject areas. For example, a course in matrimonial law that is not New Jersey law specific does not meet the New Jersey new admit requirement. Are an approved service provider’s courses automatically approved? Generally yes; however, the Board reviews every course announcement to ensure the information submitted is correct. For example, the Board confirms that minutes of instructions correlate to the time listed for the course, there is a proper description of the course content, and proper selection of law category codes, among other things. Moreover, failure to properly describe course content related to newly admitted attorney, ethics, professionalism, professional responsibility, diversity inclusion, and elimination of bias credits will result in the course approval being denied. It is the provider’s responsibility to verify course announcement approval through the provider management page. This is to ensure that the provider doesn’t mistakenly issue a Certificate of Attendance without the Board’s approval. There will be no separate written notification of course announcement denial.