- state-letter-motion-to-admit-statements-of-defendant
- state-response-to-motion-to-exclude-evidence.pdf
- motion-in-limine.pdf
- def-motion-in-limine-motion-to-preclude-financial -crimes.pdf
- 3:6-7-Secrecy of Proceedings 3:6-7 Except as otherwise provided by R. 3:13-3, the requirement as to secrecy of proceedings of the grand jury shall remain as heretofore, and all persons other than witnesses, permitted by R. 3:6-6 to be present while the grand jury is in session, shall be required to take an oath of secrecy before their admission thereto. Such oath shall also be taken by typists making transcripts of testimony given before the grand jury. Note: Source-R.R. 3:3-7; amended July 13, 1994 and December 9, 1994, to be effective January 1, 1995. Part 3
- 3:6-8-Finding and Return of Indictment; No Bill 3:6-8, Return; Secrecy., An indictment may be found only upon the concurrence of 12 or more jurors and shall be returned in open court to the Assignment Judge or, in the Assignment Judge's absence, to any Superior Court judge assigned to the Law Division in the county. With the approval of the Assignment Judge, an indictment may be returned to such judge by only the foreperson or the deputy foreperson rather than with all other members of the grand jury. Such judge may direct that the indictment shall be kept secret until the defendant is in custody or has been released pending trial and in that event it shall be sealed by the clerk, and no person shall disclose its finding except as necessary for the issuance and execution of a warrant or summons. , No Bill., If the defendant has been held to answer a complaint and, after submission to the grand jury, no indictment has been found, the foreperson shall forthwith so report in writing to the court, who shall forthwith order the defendant's release unless the defendant's detention is required by other pending proceedings. Notice of the action of the grand jury shall also be mailed by the clerk of the court to the defendant's attorney, a defendant not in custody, and the defendant's sureties if monetary bail has been posted. Note: Source-R.R. 3:3-8(a) (b); paragraph (a) amended July 16, 1981 to be effective September 14, 1981; paragraph (a) amended July 26, 1984 to be effective September 10, 1984; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended June 15, 2007 to be effective September 1, 2007; paragraphs (a) and (b) amended August 30, 2016 to be effective January 1, 2017. Part 3
- MESSAGE FOR PETIT JURORS, Good day, this is the Hudson County Jury Management Office. JURY SERVICE IS ONE WEEK OR ONE TRIAL UNTIL 4:30PM. NO PETIT JURORS ARE NEEDED, BEGINNING AUGUST 18th THROUGH SEPTEMBER 1st. A MESSAGE WILL BE MADE AVAILABLE ON FRIDAY, AUGUST 29th FOR THOSE JURORS SCHEDULED TO THE WEEK OF SEPTEMBER 1st. JURORS ON TRIAL OR IN THE MIDST OF JURY SELECTION WITH A JUDGE(S) MUST FOLLOW THE JUDGE’S INSTRUCTIONS REGARDING WHEN THEY ARE TO RETURN TO THE COURTHOUSE. Please check your emails, including junk and spam folders periodically for updates. In the event of inclement weather or an emergency court closing, please visit the website: http://www.njcourts.gov or call 201-748-4410 @ 7:15 A.M., Please note:, Jurors may enter the building through the main entrance on Newark Avenue or the side entrance on Central Avenue. The building is in a restricted parking zone. If you do not have a Zone 2 Permit, please read all the signs to avoid parking tickets and park in a legitimate space on the streets in the area. The permit does not cover parking meters. After checking in, request a Zone 2 permit. Zone 2 parking permits will not prevent you from receiving a ticket or having your vehicle being booted for violating parking regulations, such as street cleaning. You will be given instructions and time to place the permit in your car. Please note that parking lots are privately owned and will require that you pay a daily fee. The courts do not reimburse for incurred fees. Jurors must wear clothing appropriate for a court appearance. Uniforms, or clothing displaying statements or offensive symbols are not permitted. For security reasons, jurors may not bring sharp objects, video, and camera equipment, etc. into the courthouse. For your convenience, Wireless Internet is available for personal laptops. Jurors who did not complete or submit their questionnaire 4 days prior to their service date, will not receive reporting information and therefore must contact the jury management office to reschedule. Answers to frequently asked questions about jury service in New Jersey can be found at https://www.njcourts.gov/jurors/faq The New Jersey Judiciary does not and has never asked for jurors’ banking information or social security numbers over the phone, by email, or in person. Court officials will never ask for payment to avoid arrest for failure to report for jury duty. Anyone who has concerns about being approached inappropriately concerning jury duty should contact the county jury manager as well as local law enforcement. SHOULD YOU HAVE ANY QUESTIONS, PLEASE CONTACT OUR OFFICE MONDAY THROUGH FRIDAY FROM 8:30AM-4:30PM VIA EMAIL AT: HUDJURY.MAILBOX@NJCOURTS.GOV OR CALL 201-748-4400 EXT 60560. Thank you for your cooperation., Message from Assignment Judge David B. Katz, Welcome to jury duty and thank you in advance for your deeply appreciated and necessary participation in the operation of both the civil and criminal courts here in Hudson County . The Jury Manager and her staff will do all that they can to make your term of jury service instructive, rewarding and enjoyable. Again, sincere thanks for your attendance and cooperation. Thank you for serving., Health and Safety, If you feel sick, do not report to the courthouse. Instead, contact your local jury management office contact your local jury management office to reschedule your service., Voluntary Demographic Information, The juror questionnaire includes three voluntary demographic questions. This information contact your local jury management office helps the Judiciary understand the diversity and representativeness of jury pools. Your responses to these questions are optional and will not affect your selection. , Americans With Disabilities Act (ADA) Policy, Advise the Jury Management Office if you require an accommodation in order to serve. You can reach the Jury Management Office by phone at 201-748-4400 ext. 60560 or by email at Hudjury.Mailbox@njcourts.gov ., Juror Parking Directions, Hudson County Administration Bldg 595 Newark Avenue Jersey City, New Jersey 07306 201-748-4400, Please note: , Jurors may enter the building through the main entrance on Newark Avenue or the side entrance on Central Avenue. In the event of inclement weather, jurors should call 201-748-4410 201-748-4410 or access Unscheduled Court Closings court closings to check for closings and cancellations at Hudson County facilities. The building is in a restricted parking zone. If you do not have a Zone 2 Permit, please read all the signs to avoid parking tickets and park in a legitimate space on the streets in the area. After checking in, request a Zone 2 permit. The permit does not cover parking meters nor does it cover the area of Hoboken Avenue between Baldwin and Central Avenues. Zone 2 parking permits will not prevent you from receiving a ticket or having your vehicle being booted for violating parking regulations, such as street cleaning. You will be given instructions and time to place the permit in your car. Parking is limited in the Courthouse area. The nearest paid parking lots are at the corners of Newark and Oakland Aves. (across from the Admin Bldg.), Hoboken Aves. (approximately 2 blocks away), and Summit and Pavonia Aves. There are also several lots in the vicinity of Journal Square. Please note that parking lots are privately owned and will require that you pay a daily fee. The courts do not reimburse for incurred fees. Jurors must wear clothing appropriate for a court appearance. Uniforms or clothing displaying statements or offensive symbols are not permitted. For security reasons, jurors may not bring sharp objects, video and camera equipment, etc. into the courthouse. For your convenience, Wireless Internet is available for personal laptops. If you have any questions regarding your jury service, please call our office Monday through Friday at between the hours of 8:30 am to 4:30 pm., Dress Code, Jurors reporting for service should wear clothing appropriate for an appearance in court. Shorts, t-shirts, uniforms or clothing containing statements or offensive symbols are not permitted. All hats must be removed when in a courtroom. Comfortable clothing is also advisable., Courtroom Regulations, Cell phones, pagers and electronic devices must be turned off in the courtroom. You are not permitted to read newspapers or other materials in the courtroom. You are not permitted to bring food or beverages into the courtroom., If You Are Selected As A Juror, The trial judge will instruct you regarding the trial schedule, reporting times, any recesses, lunch arrangements, etc. The judge's instructions will take precedence over any general instructions given in the assembly area. You must wear your juror badge at all times, including during lunch., Other Factors Relating To Your Juror Service, The daily fee for petit jurors is $5 for the first 3 days and $40 for each day after 3 days. The daily fee for grand jurors is $5 for each day of service. Checks are processed on Friday. Your juror check will generally be received within 3 weeks. Check with your employer or your union representative, or read your employee handbook if you have questions about whether you will be compensated by your employer while serving as a juror., Employment Protection, Be aware that N.J.S.A. 2B:20-17 protects jurors from employment related retaliation and provides for the possibility of both criminal and civil sanctions., Term of Service, Petit jurors are summoned for a minimum of one day or one full trial. As, such, jurors who are not selected to serve on a trial by the end of the day, will have completed their jury service. If you are sent to a courtroom and the jury selection process continues beyond your one day, you will have to return until the judge excuses you from serving as a juror on that trial. Those who are selected for trials finish their service at the conclusion of the trial. Trials vary in length. Some trials proceed for just one day and others last longer. The trial judge will provide an estimate regarding the length of the trial at the beginning of jury selection. Once your service is completed, you will not be eligible to be selected again for 3 years., Smoking Policy, The courthouse is a non-smoking facility. If you leave the courthouse to smoke, you must inform jury staff so that we are aware of your location at all times., Failure to Report, Individuals who fail to respond to a jury summons or fail to report when summoned may be subject to penalties including fines. If you have forgotten to appear as scheduled for jury service, please contact the Jury Management Office immediately at 201-748-4400 ext. 60560 .
- 3:7-1-Entitling of Papers 3:7-1 The indictment and all subsequent papers in connection therewith shall be entitled in the Superior Court. Note: Source -- R.R. 3:4-1(b). Part 3
- motion-to-preclude-financial-crimes-motive-evidence.pdf
- Case Management Order #119 - Updated Discovery Completion Order Regarding Certain CMO 105 Activated Cases
- Notice of Motion Packet CN: 11283 Translations Available Translation exists logo.
- 3:6-6-Who May Be Present at Session and Deliberations; Record and Transcript 3:6-6, Attendance at Session., No person, other than the jurors, the prosecuting attorney, the clerk of the grand jury, the witness under examination, interpreters when needed and, for the purpose of recording the proceedings, a stenographer or operator of a recording device, may be present while the grand jury is in session. However, if necessary because of the complexity of the matter, and with the approval of the Assignment Judge or designated judge, assistants employed by the prosecutor’s office may be present to assist the prosecuting attorney. , Attendance at Deliberations., No person other than the jurors and any sign interpreter or other person assisting a hearing or visually-impaired juror may be present while the grand jury is deliberating. The clerk shall not be present during deliberations but shall return to record the vote of the grand jury. During deliberations, if the grand jury has a question for the prosecutor or would like to hear additional testimony, any inquiry, comments, or testimony shall be recorded and shall take place in the presence of the clerk of the grand jury and a stenographer, or operator of a recording device, as well as any interpreter or assistant as described in paragraph (b)(1), if necessary. , Record; Transcript., A stenographic record or sound recording shall be made of all testimony of witnesses, comments by the prosecuting attorney, and colloquy between the prosecuting attorney and witnesses or members of the grand jury, before the grand jury. When a digital sound recording of the grand jury proceedings has been made, after an indictment has been returned and if the indictment is not sealed, the court shall furnish or make available a copy of the grand jury proceedings to the parties on compact disk or by other electronic means. After an indictment has been returned, at the request of the defendant, a transcript of the grand jury proceedings (including the session as described in paragraph (a) and any inquiry, comments, and testimony as described in paragraph (b)(3)) shall be made. The request shall designate the portion or portions of the proceedings to be transcribed and the person or persons to whom the transcript is to be furnished. A copy of the request for a transcript will be served contemporaneously by the defendant upon the prosecutor, who may move for a protective order pursuant to R. 3:13-3(e). The prosecutor may request a copy of the transcript at any time., Retention of Records., If no request has been made or order entered directing a transcript of the grand jury proceedings to be made within six months after their termination, the stenographic record or sound recording shall be sealed and deposited with the operations division manager's office who shall retain it subject to the directions of the Administrative Director of the Courts. Note: Source-R.R. 3:3-6(a)(b)(c); paragraphs (a) and (b) amended July 15, 1982 to be effective September 13, 1982; paragraph (b) amended and second paragraph added to paragraph (b) July 13, 1994, new text in paragraph (b) amended December 9, 1994, to be effective January 1, 1995; paragraph (c) amended July 5, 2000 to be effective September 5, 2000; paragraph (b) amended July 21, 2011 to be effective September 1, 2011; paragraph (b) amended December 4, 2012 to be effective January 1, 2013; caption amended, paragraph (a) redesignated as paragraphs (a) and (b), new paragraph (a) amended, new paragraph (b) caption added and text amended, former paragraph (b) redesignated as paragraph (c) and amended, former paragraph (c) redesignated as paragraph (d) July 30, 2021 to be effective September 1, 2021. Part 3
- 3:6-9-Finding and Return of Presentment 3:6-9, Finding., A presentment may be made only upon the concurrence of 12 or more jurors. It may refer to public affairs or conditions, but it may censure a public official only where that public official's association with the deprecated public affairs or conditions is intimately and inescapably a part of them. , Return., A presentment shall be returned in open court to the Assignment Judge, who shall be notified in advance thereof by the foreperson so that the judge may arrange to be available in court to receive it. , Examination; Reference Back; Striking., Promptly and before the grand jury is discharged, the Assignment Judge shall examine the presentment. If it appears that a crime has been committed for which an indictment may be had, the Assignment Judge shall refer the presentment back to the grand jury with appropriate instructions. If a public official is censured the proof must be conclusive that the existence of the condemned matter is inextricably related to non-criminal failure to discharge that public official's public duty. If it appears that the presentment is false, or is based on partisan motives, or indulges in personalities without basis, or if other good cause appears, the Assignment Judge shall strike the presentment either in full or in part. As an aid in examining the presentment the Assignment Judge may call for and examine the minutes and records of the grand jury, with or without the aid of the foreperson or the prosecuting attorney, to determine if a substantial foundation exists for the public report. If the presentment censures a public official and the Assignment Judge determines not to strike, a copy of the presentment shall forthwith be served upon the public official who may, within 10 days thereafter, move for a hearing, which shall be held in camera. The public official may examine the grand jury minutes fully, under such reasonable supervision as the court deems advisable, and be permitted to introduce additional evidence to expose any deficiency. , Filing and Publication., Such portions of the presentment as are not referred back to the grand jury for further action or are not stricken in accordance with paragraph (c) of this rule shall be filed and made public, and the Assignment Judge shall instruct the clerk of the grand jury to send copies thereof to such public bodies or officials as may be concerned with the criticisms and recommendations made therein and to the Administrative Director of the Courts. The presentment or any portion thereof shall not be made public by any person except the Assignment Judge. The Assignment Judge shall withhold publication of the presentment until the expiration of the time for the making of a motion for a hearing by a public official pursuant to R. 3:6-9(c), and if such motion is made, shall withhold publication of the presentment pending the judge's determination. , Review., The action taken by the Assignment Judge pursuant to this rule is judicial in nature and is subject to review for abuse of discretion by the State or by any aggrieved person, including any member of the grand jury making the presentment. Note: Source-R.R. 3:3-9(a) (b) (c) (d) (e); paragraphs (a), (b), (c) and (d) amended July 13, 1994 to be effective September 1, 1994. Part 3
- 3:6-10-Discharge; Continuance of Term 3:6-10, Term., A grand jury shall serve until discharged by the Assignment Judge, but not longer than 20 weeks unless the Assignment Judge shall order it continued as hereinafter provided. A grand jury shall not be discharged before the expiration of its term of service except for good cause. The continuance of such grand jury shall not affect the usual drawing, selecting and serving of further grand juries. , Order for Continuance., Whenever it appears to the Assignment Judge that the grand jury has not completed its labors, although its ordinary term is about to expire, the Assignment Judge may, if satisfied of the necessity therefor, order that its term be continued. The order shall be made and filed within the session of court for which such grand jury shall have been drawn, and shall provide a continuance for a definite period of time not exceeding 3 calendar months, provided, however, that the Assignment Judge may make a further order, or orders, continuing such grand jury in office for a further term or terms of 3 calendar months each. Note: Source-R.R. 3:3-10(a) (b) (c); paragraph (b) amended July 13, 1994 to be effective September 1, 1994. Part 3
- 3:6-11-Impanelment and Judicial Supervision of State Grand Jury 3:6-11, Generally., All rules relating to grand juries shall apply to the State Grand Jury except as otherwise specifically provided by statute or rule. , Designation of Assignment Judge., The Chief Justice shall designate an Assignment Judge of the Superior Court to impanel and supervise the State Grand Jury or Grand Juries. The Chief Justice may also designate one or more Judges of the Superior Court to assist said Assignment Judge with regard to impanelment and supervision of the State Grand Jury or Grand Juries and to perform such other duties and responsibilities with regard thereto as ordered by the Chief Justice or the designated Assignment Judge. Note: Adopted July 17, 1975 to be effective September 8, 1975. Part 3
- 3:7-3-Nature and Contents of Indictment or Accusation 3:7-3, Nature and Contents Generally., The indictment or accusation shall be a written statement of the essential facts constituting the crime charged, need not contain a formal commencement and shall be signed by the prosecuting attorney. The indictment shall be endorsed as a true bill by the foreperson and conclude: "against the peace of this State, the government and dignity of the same." Allegations made in one count of the indictment or accusation may be incorporated by reference in another count. It may be alleged in a single count either that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specific means. An indictment or accusation or any count thereof charging the violation of a statute or statutes shall state the official or customary citation thereof, but error in the citation or its omission shall not be ground for dismissal of the indictment or accusation or for reversal of a conviction if the error or omission did not prejudicially mislead the defendant. Surplusage in the indictment or accusation may be stricken by the court on defendant's motion. , Indictment for Murder., Every indictment for murder shall specify whether the act is murder as defined by N.J.S.A. 2C:11-3(a)(1), (2) or (3) and whether the defendant is alleged: (1) to have committed the act by his or her own conduct or (2) to have procured the commission of the offense by payment or promise of payment, of anything of pecuniary value or (3) to be the leader of a drug trafficking network, as defined in N.J.S.A. 2C:35-3, and who, in furtherance of a conspiracy enumerated in N.J.S.A. 2C:35-3, commanded or by threat or promise solicited the commission of the offense. Note: Source -- R.R. 3:4-3(a) (b) (c), 3:4-4. Paragraphs (a) and (b) amended August 28, 1979 to be effective September 1, 1979; paragraph (b) amended September 28, 1982 to be effective immediately; paragraph (b) amended July 13, 1993 to be effective immediately; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994; caption amended and new paragraphs (c) and (d) adopted March 14, 2005 to be effective immediately; paragraph (b) text and caption amended June 15, 2007 to be effective September 1, 2007; caption amended and paragraphs (c) and (d) deleted July 28, 2017 to be effective September 1, 2017. Part 3
- 3:7-10-Execution of Service; Return 3:7-10, Execution of Warrant., The warrant shall be executed in accordance with R. 3:3-3. , Summons to an Individual., The summons shall be served upon an individual in accordance with R. 4:4-4. , Summons to a Corporation., Service of a summons upon a defendant corporation, municipal or otherwise, shall be made in accordance with R. 4:4-4. If the defendant corporation does not appear, the court shall order the clerk to enter an appearance for said corporation and endorse the plea of not guilty on the indictment or accusation, and further proceedings may then be had thereon in the same manner as if the corporation had appeared and so pleaded. A plea to an indictment or accusation by a defendant corporation shall be made by an attorney of this State. , Service Upon a Corporation by Publication., If the summons directed to a corporation is returned "not served" and it appears to the satisfaction of the court that the summons could not be served, the court shall by order direct the corporation to cause its appearance and plea to be entered by a day certain. A copy of such order shall within 5 days after the date thereof be published in a newspaper in this State once, at least 2 weeks preceding the day certain so specified. If the defendant corporation does not appear within the time specified by the order, the court, if satisfied that publication has been duly made, shall direct the clerk to enter an appearance and a plea of "not guilty" for the defendant corporation, and thereupon further proceedings may be had on the indictment or accusation as provided by these rules. , Return., The officer executing a warrant shall make prompt return thereof to the court, and at the request of the prosecuting attorney any unexecuted warrant shall be returned and cancelled. The officer serving a summons shall make return thereof on or before the return day. At the request of the prosecuting attorney made at any time while the indictment or accusation is pending, a warrant returned unexecuted and not cancelled or a summons returned unserved or a duplicate thereof may be delivered by the clerk to the sheriff or other authorized officer for execution or service. Note: Source -- R.R. 3:4-11, 3:4-12(a) (b), 3:4-13. Paragraph (d) amended July 7, 1971 to be effective September 13, 1971. Part 3
- 3:7-8-Issuance of a Warrant or Summons Upon Indictment or Accusation Where Defendant Has Not Been Previously Charged 3:7-8 Upon the return of an indictment or the filing of an accusation, a summons on indictment or warrant on indictment shall be prepared by a law enforcement officer or the prosecutor using the Judiciary's computerized system for issuance by the Assignment Judge or a designated Superior Court judge or, in their absence, by any Superior Court judge assigned to the Law Division in that county in accordance with R. 3:3-1 for each defendant named in the indictment or accusation who has not been previously charged in the matter. A defendant who is the subject of a warrant on indictment is an eligible defendant pursuant to N.J.S.A. 2A:162-15 et seq. If the defendant fails to appear in response to a summons, a bench warrant shall issue. If a summons on indictment is issued to a defendant who has not been previously held to answer a complaint, the defendant shall undergo all post-arrest identification procedures that are required by law upon arrest, on the return date of the summons, or upon written request of the appropriate law enforcement agency. Note: Source -- R.R. 3:4-9. Amended July 22, 1983 to be effective September 12, 1983; amended July 13, 1994 to be effective January 1, 1995; amended August 30, 2016 to be effective January 1, 2017; caption and text amended July 28, 2017 to be effective September 1, 2017. Part 3
- 3:7-9-Form of Post-Indictment or Post-Accusation Warrant and Summons 3:7-9 The post-indictment or post-accusation warrant shall contain the name of the defendant or, if the defendant's name is unknown, any name or description by which the defendant can be identified with reasonable certainty, shall describe the offense charged in the indictment or accusation and shall command that the defendant be arrested and remanded to the county jail pending a determination of conditions of pretrial release or a determination regarding pretrial detention if a motion has been filed by the prosecutor. The post-indictment or post-accusation summons shall be in the same form as the warrant described above except that it shall be directed to the defendant and require the defendant to appear to plead before the court at a stated time and place. The summons shall also state that if the defendant fails to so appear, a bench warrant for defendant's arrest shall issue. Note: Source -- R.R. 3:4-10(a) (b); amended July 13, 1994 to be effective January 1, 1995; amended August 30, 2016 to be effective January 1, 2017; caption and text amended July 28, 2017 to be effective September 1, 2017. Part 3
- 3:7-5-Bill of Particulars 3:7-5 A bill of particulars shall be ordered by the court if the indictment or accusation is not sufficiently specific to enable the defendant to prepare a defense. The defendant shall move therefore pursuant to Rule 3:10-2. The application shall point out clearly the particulars sought by the defense. The prosecutor shall furnish the bill of particulars within 10 days after the order of the court. Further particulars may be ordered when a demand therefor is promptly made. A bill of particulars may be amended at any time, subject to such conditions as the interest of justice requires. Any particulars that have been furnished to the defendant pursuant to R. 3:13-3 and 4 shall not be subject to an application pursuant to this rule. Note: Source -- R.R. 3:4-6; amended June 29, 1990, to be effective September 4, 1990; amended July 13, 1994 and December 9, 1994, to be effective January 1, 1995. Part 3