- 3:5A-8-Filling 3:5A-8 The judge shall impound the original application and order. Upon receipt of the certification of test results, the judge shall cause the application, order, and certification to be impounded under seal with the criminal division manager as designee of the deputy clerk of the Superior Court. Upon obtaining test results of the physical characteristic specified, the applicant shall, within two days, file with the judge, and deliver to the person, a certification of the date, time and place of detention, the length of the detention, and the testing or procedures used to obtain the physical characteristic evidence. The results of those tests, as they bear on the identification of the person detained as the perpetrator of the crime under investigation, shall be included in the certification, unless the court rules for good cause that they shall not be. Note: Adopted July 26, 1984 to be effective September 10, 1984; amended July 13, 1994 to be effective January 1, 1995. Part 3
- 3:5A-5-Contents of Order for Investigative Detention 3:5A-5 The order shall command the named person to appear at a specified time and place for the taking of evidence of specified physical characteristics. It shall advise the person that on failure to do so, an arrest warrant will issue for the identification procedure. The order shall specify the length of the detention, the identification methods to be used, and, where necessary, the medical safeguards to be observed. The date and time of its signing shall be entered thereon. The terms of any order for investigative detention shall be the least onerous on the named person consistent with the investigative need. Note: Adopted July 26, 1984 to be effective September 10, 1984; paragraph (a) amended July 13, 1994 to be effective September 1, 1994. Part 3
- 3:5A-6-Emergent Application 3:5A-6 If, without notice to the person, an application is made to a judge, and the judge is satisfied from it that its underlying purpose would be frustrated were notice to be given, the judge may sign an order for investigative detention with provisions appropriate to the investigative need and certify therein a finding that the matter is emergent. That order, directed to the person, may authorize the police officers executing it to use reasonable force in effectuating the detention of the person and in effectuation of identification procedures set forth therein. Note: Adopted July 26, 1984 to be effective September 10, 1984; amended July 13, 1994 to be effective September 1, 1994. Part 3
- 3:5A-4-Grounds for Issuance 3:5A-4 An order for investigative detention shall be issued only if the judge concludes from the application that: a crime has been committed and is under active investigation, and there is a reasonable and well-grounded basis from which to believe that the person sought may have committed the crime, and the results of the physical characteristics obtained during the detention will significantly advance the investigation and determine whether or not the individual probably committed the crime, and the physical characteristics sought cannot otherwise practicably be obtained. Note: Adopted July 26, 1984 to be effective September 10, 1984. Part 3
- 3:6-3-Supervising and Charging the Grand Jury 3:6-3, Potential Bias., When appropriate, the Assignment Judge shall inquire of potential grand jurors about such aspects of their background as may reveal possible bias or interest in a matter to come before the grand jury. The Assignment Judge shall instruct the grand jury that without the Assignment Judge's approval no grand juror shall participate in any matter in which that juror has a bias or a financial, proprietary, or personal interest; and if that juror wishes to participate, the juror shall forthwith so inform the prosecutor. The prosecutor shall forthwith inform the Assignment Judge, who shall determine, in camera, whether such bias or interest exists and whether it justifies excusal. , Copy of Charge., When the judge designated by the Assignment Judge charges the grand jury, that judge shall cause a copy of the charge to be promptly furnished to each juror. Note: Source-R.R. 3:3-3; caption amended paragraph (a) adopted, and former rule captioned and redesignated paragraph (b) June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 13, 1994 to be effective September 1, 1994. Part 3
- 3:6-2-Objections to Grand Jury and Grand Jurors 3:6-2 The prosecuting attorney or a defendant, after being held to answer a complaint charging an indictable offense or after indictment, may, in writing, challenge the array of the grand jury which has returned or is expected to return the indictment on the ground that it was not selected, drawn or summoned according to law, and may challenge an individual juror on the ground that the juror is not legally qualified. All such challenges shall be made within 30 days of the service of the complaint or no later than at the Initial Case Disposition Conference that is scheduled pursuant to R. 3:9-1(e). For good cause shown, the court may allow the motion to be brought at any time. Such challenges shall be tried by a judge designated by the Assignment Judge. If a defendant has already been indicted, such challenges may be the basis of a motion to dismiss the indictment. Note: Source-R.R. 3:3-2(a) (b); amended July 13, 1994 to be effective January 1, 1995; amended April 12, 2016 to be effective May 20, 2016; amended August 1, 2016 to be effective September 1, 2016. Part 3
- 3:6-5-Clerk 3:6-5 The clerk of the grand jury shall make and keep minutes of the proceedings of the grand jury as well as a record of the vote of each juror, by name, on each considered matter. If there is no clerk of the grand jury, the foreperson or another juror designated by the foreperson shall keep such a record. The record of the vote on every count of every indictment and on every presentment shall be filed with the clerk of the grand jury. The record shall not be made public except on order of the Assignment Judge. Note: Source-R.R. 3:3-5. Amended July 14, 1972 to be effective September 5, 1972; amended July 29, 1977 to be effective September 6, 1977; amended July 13, 1994 to be effective September 1, 1994. Part 3
- 3:5A-9-Definition 3:5A-9 “Evidence of physical characteristics” shall include fingerprints, palm prints, footprints, physical measurements, handwriting and hand-printing samples, blood samples, urine samples, saliva samples, fingernail scrapings, hair samples, photographs, voice exemplars, display of designated portions of the body, the taking of photographs and appearance in a lineup. Note: Adopted July 26, 1984 to be effective September 10, 1984. Part 3
- 3:6-4-Foreperson; Deputy Foreperson 3:6-4 The Assignment Judge shall appoint one of the jurors to be foreperson and another to be deputy foreperson. The foreperson shall have power to administer oaths and shall endorse all indictments. During the absence of the foreperson, the deputy foreperson shall act as foreperson. Note: Source-R.R. 3:3-4; amended July 14, 1992, to be effective September 1, 1992. Part 3
- 3:6-1-Summoning the Grand Jury 3:6-1 The Assignment Judge of each county shall order and organize according to law one or more grand juries for the county not exceeding 23 members each to be summoned at such times as the public interest requires. At least one grand jury shall be serving in each county at all times. Note: Source-R.R. 3:3-1. Part 3
- 3:5A-7-Service 3:5A-7 An order for investigative detention shall be served within five days of its signing; otherwise it shall be void. Note: Adopted July 26, 1984 to be effective September 10, 1984. Part 3
- 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