- 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
- 3:6-4-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
- state-response-to-motion-to-exclude-evidence.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
- 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
- state-written-summation-motion-to -admit-104c-written-summation.pdf
- state-motion-to-admit-statements.pdf
- confidential-brief-in-limine-caneiro-response-brief.pdf
- def-brief--defense-opposition-to-state-motion-to-admit-defendant-statements.pdf
- Complaint Form - Taxing District increasing Assessment CN: 11185 Translations Available Translation exists logo.
- 3:5-7-Motion to suppress evidence and for return of property 3:5-7, Applicability; Notice; Time., On notice to the prosecutor of the county in which the matter is pending or threatened, to the applicant for the warrant if the search was with a warrant, and to co-indictees, if any, and in accordance with the applicable provisions of R. 1:6-3 and R. 3:10, a person claiming to be aggrieved by an unlawful search and seizure and having reasonable grounds to believe that the evidence obtained may be used against him or her in a penal proceeding, may apply to the Superior Court in the county in which the matter is pending or threatened to suppress the evidence and for the return of the property seized (1) without a warrant if the matter involves an indictable crime or (2) where the search warrant was issued by a Superior Court judge, even though the offense charged or to be charged may be within the jurisdiction of a municipal court. A motion filed in the Superior Court shall be made pursuant to R. 3:10-2. When an offense charged or to be charged is within the jurisdiction of the Municipal Court, a motion to suppress evidence and for the return of property seized resulting from a search warrant issued by a Municipal Court judge or seized without a warrant shall be filed pursuant to R. 7:5-2. , Briefs., If the search was made with a warrant, a brief stating the facts and arguments in support of the motion shall be submitted with the notice of motion. The State shall, within ten days thereafter, submit a brief stating the facts and arguments in support of the search to which the movant may reply by brief submitted no later than three days before the hearing. If the search was made without a warrant, the State shall, within 15 days of the filing of the motion, file a brief, including a statement of the facts as it alleges them to be, and the movant shall file a brief and counter statement of facts no later than three days before the hearing. , Hearing., All such motions by co-indictees shall be consolidated for determination in a single hearing, except for good cause shown. If material facts are disputed, testimony thereon shall be taken in open court. , Appellate Review., Denial of a motion made pursuant to this rule may be reviewed on appeal from a judgment of conviction notwithstanding that such judgment is entered following a plea of guilty. , Return of Property., If a motion made pursuant to this rule is granted, the property shall be delivered to the person entitled thereto, unless otherwise subject to lawful detention, and shall not be admissible in evidence in any court. Delivery of the property need not be made, however, until the expiration of the time within which the State may obtain leave to appeal pursuant to R. 2:5-6. , Consequences of Failure to Move., If a timely motion is not made in accordance with this rule, the defendant shall be deemed to have waived any objection during trial to the admission of evidence on the ground that such evidence was unlawfully obtained. , Effect of Irregularity in Warrant., In the absence of bad faith, no search or seizure made with a search warrant shall be deemed unlawful because of technical insufficiencies or irregularities in the warrant or in the papers or proceedings to obtain it, or in its execution. Note: Source-R.R. 3:2A-6(a)(b). Paragraph (a) amended, paragraphs (b), (c), (d) adopted and former paragraphs (b), (c), (d) redesignated as (e), (f), (g) respectively January 28, 1977 to be effective immediately; paragraphs (a) and (c) amended July 16, 1979 to be effective September 10, 1979; paragraph (a) amended July 16, 1981 to be effective September 14, 1981; paragraph (a) amended June 9, 1989 to be effective June 19, 1989; paragraph (a) amended July 13, 1994 to be effective January 1, 1995; paragraph (a) amended January 5, 1998 to be effective February 1, 1998; paragraph (a) amended July 27, 2015 to be effective September 1, 2015. Part 3
- 3:5A-2-Application 3:5A-2 The application and any subsequent pleadings shall be captioned in the Superior Court of New Jersey and entitled, “In the Matter of the Investigation of (description of crime).” The application shall contain affidavits forming a factual basis for the findings required by R. 3:5A-4. In addition, the application shall state: The name or description of the individual sought to be detained for investigation. The specific type of identifying physical characteristic sought. The place and time at which the evidence sought is to be obtained. The method by which the evidence sought is to be obtained. The period of the detention, not to exceed five hours, during which the physical characteristic sought is to be obtained. Note: Adopted July 26, 1984 to be effective September 10, 1984. Part 3
- 3:5A-1-Authority to Issue 3:5A-1 Prior to the filing of a formal criminal charge against a person, an order authorizing the temporary detention of that person and compelling that person to submit to non-testimonial identification procedures for the purpose of obtaining evidence of that person's physical characteristics may be issued by a judge of the Superior Court pursuant to this Rule, on an application authorized in writing by the Attorney General or the Attorney General's designee or by the County Prosecutor or designated Assistant Prosecutor. Note: Adopted July 26, 1984 to be effective September 10, 1984; amended July 14, 1992, to be effective September 1, 1992; amended July 13, 1994 to be effective September 1, 1994. Part 3
- 3:5A-3-Notice and Return 3:5A-3 Unless the judge finds the application to be of emergent nature, as set forth below, the judge shall not consider it unless written notice shall have been given personally to the person, at least 36 hours before the time the application is to be made, that on a specific date and at a specific time application for an order of temporary detention will be made to the named judge. The notice shall advise the individual that counsel may accompany him or her at the hearing on the application. Note: Adopted July 26, 1984 to be effective September 10, 1984; amended July 13, 1994 to be effective September 1, 1994. Part 3
- state-letter-motion-to-admit-statements-of-defendant
- defense-brief-dismiss-indictment-supplemental-filing.pdf