- 3:17-Electronic Recordation 3:17 Unless one of the exceptions set forth in paragraph (b) are present, all custodial interrogations conducted in a place of detention must be electronically recorded when the person being interrogated is charged with murder, kidnapping, aggravated manslaughter, manslaughter, robbery, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, second degree aggravated assault, aggravated arson, burglary, violations of Chapter 35 of Title 2C that constitute first or second degree crimes, any crime involving the possession or use of a firearm, or conspiracies or attempts to commit such crimes. For purposes of this rule, a "place of detention" means a building or a police station or barracks that is a place of operation for a municipal or state police department, county prosecutor, sheriff or other law enforcement agency, that is owned or operated by a law enforcement agency at which persons are or may be detained in connection with criminal charges against those persons. Place of detention shall also include a county jail, county workhouse, county penitentiary, state prison or institution of involuntary confinement where a custodial interrogation may occur. Electronic recordation pursuant to paragraph (a) must occur unless: (i) a statement made during a custodial interrogation is not recorded because electronic recording of the interrogation is not feasible, (ii) a spontaneous statement is made outside the course of an interrogation, (iii) a statement is made in response to questioning that is routinely asked during the processing of the arrest of the suspect, (iv) a statement is made during a custodial interrogation by a suspect who indicated, prior to making the statement, that he/she would participate in the interrogation only if it were not recorded; provided however, that the agreement to participate under that condition is itself recorded, (v) a statement is made during a custodial interrogation that is conducted out of state, (vi) a statement is given at a time when the accused is not a suspect for the crime to which that statement relates while the accused is being interrogated for a different crime that does not require recordation, (vii) the interrogation during which the statement is given occurs at a time when the interrogators have no knowledge that a crime for which recording is required has been committed. The State shall bear the burden of proving, by a preponderance of the evidence, that one of the exceptions is applicable. If the State intends to rely on any of the exceptions set forth in paragraph (b) in offering a defendant's unrecorded statement into evidence, the State shall furnish a notice of intent to rely on the unrecorded statement, stating the specific place and time at which the defendant made the statement and the specific exception or exceptions upon which the State intends to rely. The prosecutor shall, on written demand, furnish the defendant or defendant's attorney with the names and addresses of the witnesses upon whom the State intends to rely to establish one of the exceptions set forth in paragraph (b). The trial court shall then hold a hearing to determine whether one of the exceptions apply. The failure to electronically record a defendant's custodial interrogation in a place of detention shall be a factor for consideration by the trial court in determining the admissibility of a statement, and by the jury in determining whether the statement was made, and if so, what weight, if any, to give to the statement. In the absence of an electronic recordation required under paragraph (a), the court shall, upon request of the defendant, provide the jury with a cautionary instruction. Note: Adopted October 14, 2005, to be effective in respect of all homicide offenses as of January 1, 2006, and as of January 1, 2007, in respect of the other offenses specified in paragraph (a) of the Rule. Part 3
- 3:15-3-Trial of Criminal Offenses and Lesser, Related Infractions 3:15-3, Joinder of Criminal Offense and Lesser Related Infraction., Except as provided in paragraph (b), the court shall join any pending non-indictable complaint for trial with a criminal offense based on the same conduct or arising from the same episode. Regardless of whether a jury sits as the finder of facts with respect to the criminal offense, and unless the complaint charges a disorderly persons offense or a petty disorderly persons offense that must be submitted to the jury in accordance with the provisions of N.J.S.A.2C:1-8(e), the Superior Court judge shall sit as a municipal court judge on the complaint and shall render the verdict with respect to the complaint on the proofs adduced in the course of trial. If evidence is held to be admissible with respect to the trial of the complaint but inadmissible with respect to the trial of the criminal offense, the court shall hear that evidence outside of the jury's presence and may, in its discretion, postpone such hearing until the jury has retired to deliberate. The court shall not render its verdict on the complaint until the jury has rendered its verdict or until the jury has been dismissed. , Relief From Joinder., If for any reason it appears that a defendant or the State is prejudiced by the joinder required by paragraph (a), the court may decline to join or may grant other appropriate relief. A defendant's request to avoid joinder shall constitute a waiver of any claim against twice being placed in jeopardy that would not have arisen had the defendant's request been denied. , Consequence of Failure to Join., In no event shall failure to join as required in paragraph (a) be deemed to constitute grounds for barring a subsequent prosecution of the complaint except as required by statute or by the Federal or State Constitutions. Note: Adopted January 14, 1991 to be effective September 1, 1992. Part 3
- 3:14-1-Venue 3:14-1 An offense shall be prosecuted in the county in which it was committed, except that If it is uncertain in which one of 2 or more counties the offense has been committed or if an offense is committed in several counties prosecution may be had in any of such counties. If a person dies in one county as a result of an offense committed in any other county or counties, the prosecution may be had in any of such counties. Whenever the body of any person who died as a result of an offense is found in any county, prosecution may be had in such county, regardless of where the offense was committed. Whenever a person dies within the jurisdiction of this State as a result of an offense committed outside the jurisdiction of this State, or dies outside the jurisdiction of this State as a result of an offense committed within the jurisdiction of this State, the prosecution shall be had in the county in which the death occurred or the offense was committed. An accessory may be prosecuted as such either in the county in which the offense to which he or she is an accessory is triable or the county in which he or she became such accessory. Any person charged with receiving stolen property may be prosecuted in any county in which the stolen property is possessed. Prosecutions for acts of forgery, fraud, theft by deception, or theft by unlawful disposition may be had either in the county in which such offense was committed or in the county in which the offender last resided. Prosecutions for nonsupport may be had either in the county in which the spouse, statutory partner or any child resided at the time of the nonsupport or in the county in which the spouse or statutory partner resides when the prosecution is begun. The county of venue for purposes of trial of indictments returned by a State Grand Jury shall be designated by the Assignment Judge appointed to impanel and supervise the State Grand Jury or Grand Juries pursuant to R. 3:6-11(b). Note: Source-R.R. 3:6-1; paragraph (k) adopted July 17, 1975 to be effective September 8, 1975; paragraph (g) amended July 13, 1994 to be effective September 1, 1994; paragraphs (e) and (f) deleted, former paragraph (g) redesignated as paragraph (e), former paragraph (h) amended and redesignated as paragraph (f), former paragraph (i) amended and redesignated as paragraph (g), former paragraph (j) amended and redesignated as paragraph (h), and former paragraph (k) redesignated as paragraph (i) July 27, 2015 to be effective September 1, 2015. Part 3
- 3:15-2-Relief From Prejudicial Joinder 3:15-2, Motion by State Before Trial., If two or more defendants are to be jointly tried and the prosecuting attorney intends to introduce at trial a statement, confession or admission of one defendant involving any other defendant, the prosecuting attorney shall move before trial on notice to all defendants for a determination by the court as to whether such portion of the statement, confession, or admission involving such other defendant can be effectively deleted therefrom. The court shall direct the specific deletions to be made, or, if it finds that effective deletions cannot practically be made, it shall order separate trials of the defendants. Upon failure of the prosecuting attorney to so move before trial, the court may refuse to admit such statement, confession or admission into evidence at trial, or take such other action as the interest of justice requires. , Motion by Defendant and State., If for any other reason it appears that a defendant or the State is prejudiced by a permissible or mandatory joinder of offenses or of defendants in an indictment or accusation the court may order an election or separate trials of counts, grant a severance of defendants, or direct other appropriate relief. , Time., A motion for separate trial of counts of an indictment or accusation must be made pursuant to R. 3:10-2, unless the court, for good cause shown, enlarges the time. Note: Source-R.R. 3:5-7. Paragraph (b) amended July 29, 1977 to be effective September 6, 1977; paragraph (a) amended July 16, 1981 to be effective September 14, 1981; paragraph (c) adopted July 26, 1984 to be effective September 10, 1984; paragraphs (a) and (c) amended July 13, 1994 to be effective January 1, 1995. Part 3
- 3:16-Presence Of The Defendant 3:16, Pretrial., The defendant must be present for every scheduled event unless excused by the court for good cause shown. , At Trial or Post-conviction Proceedings., The defendant shall be present at every stage of the trial, including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, unless otherwise provided by Rule. Nothing in this Rule, however, shall prevent a defendant from waiving the right to be present at trial. A waiver may be found either from (a) the defendant's express written or oral waiver placed on the record, or (b) the defendant's conduct evidencing a knowing, voluntary, and unjustified absence after (1) the defendant has received actual notice in court or has signed a written acknowledgment of the trial date, or (2) trial has commenced in defendant's presence. A corporation shall appear by its attorney for all purposes. The defendant's presence is not required at a reduction of sentence under R. 3:21-10 or, except as provided in R. 3:22-10, at a hearing on a petition for post conviction relief. Note: Source-R.R. 3:5-4(a); amended July 14, 1992 to be effective September 1, 1992; captions added, new paragraph (a) adopted, former text amended and redesignated paragraph (b) July 13, 1994 to be effective January 1, 1995, caption to paragraph (b) amended December 9, 1994. Part 3
- 3:15-1-Trial of Indictments or Accusations Together 3:15-1, Permissible Joinder., The court may order 2 or more indictments or accusations tried together if the offenses and the defendants, if there are 2 or more, could have been joined in a single indictment or accusation. The procedure shall be the same as if the prosecution were under such single indictment or accusation. , Mandatory Joinder., Except as provided by R. 3:15-2(b), a defendant shall not be subject to separate trials for multiple criminal offenses based on the same conduct or arising from the same episode, if such offenses are known to the appropriate prosecuting officer at the time of the commencement of the first trial and are within the jurisdiction and venue of a single court. Note: Source-R.R. 3:5-6. Paragraph (a) amended and paragraph (b) adopted July 29, 1977 to be effective September 6, 1977; paragraph (b) revised November 2, 1987 to be effective January 1, 1988. Part 3
- 3:18-1-Motion Before Submission to Jury 3:18-1 At the close of the State's case or after the evidence of all parties has been closed, the court shall, on defendant's motion or its own initiative, order the entry of a judgment of acquittal of one or more offenses charged in the indictment or accusation if the evidence is insufficient to warrant a conviction. A defendant may offer evidence after denial of a motion for judgment of acquittal made at the close of the State's case without having reserved the right. Note: Source-R.R. 3:7-6; amended July 13, 1994 to be effective September 1, 1994. Part 3
- 3:14-4-Order for Change of Venue; Costs 3:14-4 If a change of venue is ordered, the criminal division manager's office in which the complaint-warrant or complaint-summons, indictment, or accusation is pending shall notify the criminal division manager's office in the county to which the matter is transferred, and the prosecution shall continue in that county. Note: Source--R.R. 3:6-2(d); amended July 13, 1994 to be effective January 1, 1995; amended July 30, 2021 to be effective September 1, 2021. Part 3
- 3:18-2-Motion After Discharge of Jury 3:18-2 If the jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made, even if not earlier made pursuant to R. 3:18-1 or it may be renewed within 10 days after the jury is discharged or within such further time as the court fixes during the 10-day period. The court on such motion may set aside a verdict of guilty and order the entry of a judgment of acquittal and may so order if no verdict has been returned. Part 3
- IHC Ineligible List
- PHV Ineligible List
- FIC Ineligible List
- MJP Ineligible List
- 3:19-1-Several Defendants or Counts; Written Verdict Sheets 3:19-1, Several Defendants or Counts., If there are 2 or more counts of an indictment or 2 or more defendants tried together, the jury may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed, specifying the counts on which it has agreed; the defendant or defendants may be tried again on the count or counts as to which it has not agreed. A written verdict sheet shall be submitted to the jury in conjunction with a general verdict to facilitate the determination of the grade of the offense under the Code of Criminal Justice or otherwise simplify the determination of a verdict. The written verdict sheet shall include the factual predicate for an enhanced sentence or the existence of a fact relevant to sentencing unless that factual predicate or fact is an element of the offense. A written verdict sheet shall be reviewed prior to summation at which time either party may raise an objection. Any objections to the verdict sheet shall be placed on the record. The verdict sheet shall be marked as a court exhibit and retained by the court pursuant to Rule 1:2-3. Note: Source-R.R. 3:7-9(b); former rule redesignated as paragraph (a), paragraph (b) adopted and caption amended July 16, 1981 to be effective September 14, 1981; paragraph (b) amended July 10, 1998 to be effective September 1, 1998; paragraph (b) amended June 19, 2001 to be effective immediately; paragraph (b) amended July 21, 2011 to be effective September 1, 2011. Part 3
- 3:20-1-Trial by Court or Jury 3:20-1 The trial judge on defendant's motion may grant the defendant a new trial if required in the interest of justice. If trial was by the judge without a jury, the judge may, on defendant's motion for a new trial, vacate the judgment if entered, take additional testimony and direct the entry of a new judgment. The trial judge shall not, however, set aside the verdict of the jury as against the weight of the evidence unless, having given due regard to the opportunity of the jury to pass upon the credibility of the witnesses, it clearly and convincingly appears that there was a manifest denial of justice under the law. Note: Source-R.R. 3:7-11(a) (first and second sentences), 3:7-11(b); amended July 13, 1994 to be effective September 1, 1994. Part 3
- 3:20-2-Time for Making Motion 3:20-2 A motion for a new trial based on the ground of newly-discovered evidence may be made at any time, but if an appeal is pending, the court may grant the motion only on remand of the case. A motion for a new trial based on a claim that the defendant did not waive his or her appearance for trial shall be made prior to sentencing. A motion for a new trial based on any other ground shall be made within 10 days after the verdict or finding of guilty, or within such further time as the court fixes during the 10-day period. Note: Source-R.R. 3:7-11(a) (third and fourth sentences); amended July 14, 1992, to be effective September 1, 1992. Part 3
- 3:19-2-Acquittal by Reason of Insanity 3:19-2 If a defendant interposes the defense of insanity and is acquitted after trial on that ground, the verdict and judgment shall so state. The procedure for disposition of the defendant shall be as provided by N.J.S.A. 2C:4-8 and 2C:4- 9 and by R. 4:74-7, except that in the case of defendants acquitted of murder by reason of insanity all hearings pursuant to R. 4:74-7(e) shall be in open court unless good cause is shown for a hearing in camera. Note: Source-R.R. 3:7-9(e); amended August 28, 1979 to be effective September 1, 1979; amended July 14, 1992 to be effective September 1, 1992. Part 3
- 3:21-1-Withdrawal of Plea 3:21-1 A motion to withdraw a plea of guilty or non vult shall be made before sentencing, but the court may permit it to be made thereafter to correct a manifest injustice. Note: Source-R.R. 3:7-10(a). Part 3
- Ineligible List
- 3:8-3-Representation by Public Defender 3:8-3, Application; Determination; Referral., The criminal division manager's office shall receive applications for services of the Public Defender and shall determine indigence. A defendant who qualifies for service shall be referred to the Office of the Public Defender no later than the arraignment. The defense counsel appointed by the Office of the Public Defender shall promptly file an appearance. , Scope of Services., The Office of the Public Defender shall represent indigent defendants who qualify for its services through: Direct appeal from conviction; Post-conviction proceedings for which the Rules of Court provide assigned counsel; Direct appeal from those post-conviction proceedings; and Review of cases after the Appellate Division issues a judgement in an appeal as of right and compliance with the provisions of paragraph (c) of this Rule following that review. , Services Following Appellate Division Judgment., In cases that present a potentially meritorious petition for certification in accordance with the standards in R. 2:12-4, the Office of the Public Defender shall file a petition for certification accompanied by a letter brief or a letter relying on defendant’s Appellate Division arguments. In cases in which defense counsel appointed by the Office of the Public Defender cannot certify that a petition “presents a substantial question and is filed in good faith,” as required by R. 2:12-7(a), the Office of the Public Defender shall not file a petition but shall notify defendant of this position in writing and offer copies of relevant briefs, transcripts, and any other documents. Note: Adopted July 5, 2000 to be effective September 5, 2000; amended April 12, 2016 to be effective May 20, 2016; text amended and captioned as paragraph (a), new paragraphs (b) and (c) adopted July 29, 2019 to be effective September 1, 2019. Part 3