- Supreme Court Opinion (May 26, 2020 - Russo, John F.
- 3:26-1-Right to Pretrial Release Before Conviction 3:26-1, Persons Entitled; Standards for Fixing., , Persons Charged on a Complaint-Warrant or Warrant on Indictment., Except when the prosecutor files a motion for pretrial detention pursuant to N.J.S.A. 2A:162-18 and 19 and R. 3:4A, all persons for whom a complaint-warrant or a warrant on indictment is issued for an initial charge involving an indictable offense or disorderly persons offense shall be released before conviction on either personal recognizance, the execution of an unsecured appearance bond, or the least restrictive non-monetary conditions that, in the judgment of the court, will reasonably assure their presence in court when required, the protection of the safety of any other person or the community, and that the defendant will not obstruct or attempt to obstruct the criminal justice process. 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. In addition to these non-monetary conditions, monetary conditions may be set for a defendant but only when it is determined that no other conditions of release will reasonably assure the defendant's appearance in court when required. The court shall consider all the circumstances, the Pretrial Services Program's risk assessment and recommendations and any information that may have been provided by a prosecutor or the defendant on conditions of release before making any pretrial release decision. If the court enters a release order containing conditions contrary to those recommended by the Pretrial Services Program obtained using a risk assessment instrument then the court shall set forth its reasons for not accepting those recommendations. The court shall make a pretrial release determination no later than 48 hours after a defendant's commitment to the county jail. When a defendant is charged with a crime or offense involving domestic violence, the court authorizing the release may, as a condition of release, prohibit the defendant from having any contact with the victim. The court may impose any additional limitations upon contact as otherwise authorized by N.J.S.A. 2C:25-26., Persons Charged on a Complaint-Summons or Summons on Indictment., A defendant who is charged on a complaint-summons or summons on indictment shall be released from custody. If the defendant later fails to appear in court when required and the court issues a bench warrant for the defendant's arrest, the court shall at that time either (A) order that the defendant be released on personal recognizance upon arrest or (B) set monetary bail. , Restrictions on Contact., If the court imposes conditions of pretrial release that include restrictions on contact between the defendant and defendant's minor child, (1) a copy of the order imposing the restrictions shall be transmitted to the Family Part, and (2) such restrictions shall not affect contact authorized by an order of the Family Part in a child abuse/neglect case entered after any restriction on contact was imposed as part of a bail order. , Crimes with Bail Restrictions Defined in N.J.S.A. 2A:162-12., If a defendant is charged with a crime with bail restrictions as defined in N.J.S.A. 2A:162-12, and the court has set a monetary bail or a combination of a monetary bail and non-monetary conditions of pretrial release, no later than the time of posting monetary bail or proffering the surety or bail bond, the defendant shall provide to the prosecutor, on the Bail Source Inquiry Questionnaire promulgated by the Attorney General, relevant information about the obligor, indemnifier or person posting cash bail, the security offered, and the source of any money or property used to post the cash bail or secure the surety or bail bond. , Extradition Proceedings., Where a person has been arrested in any extradition proceeding pursuant to the Uniform Criminal Extradition Law, N.J.S.A. 2A:160-6 et seq., the court may set monetary bail or bond except where that person is charged with a crime punishable by death or life imprisonment. The court may also commit the person to the county jail as provided by the Uniform Criminal Extradition Law, N.J.S.A. 2A:160-6 et seq. , Issuance of Restraining Orders By Electronic Communication., , Temporary Domestic Violence Restraining Orders., Procedures authorizing the issuance of temporary domestic violence restraining orders by electronic communication are governed by R. 5:7A(d). , N.J.S.A. 2C:35-5.7 and N.J.S.A. 2C:14-12 Restraining Orders., A judge may as a condition of release issue a restraining order pursuant to N.J.S.A. 2C:35-5.7 ("Drug Offender Restraining Order Act of 1999") and N.J.S.A. 2C:14-12 ("Nicole's Law") upon sworn oral testimony of a law enforcement officer or prosecuting attorney who is not physically present. Such sworn oral testimony may be communicated to the judge by telephone, radio or other means of electronic communication. The judge shall contemporaneously record such sworn oral testimony by means of a recording device if available; otherwise, adequate notes summarizing what is said shall be made by the judge. Subsequent to taking the oath, the law enforcement officer or prosecuting attorney must identify himself or herself, specify the purpose of the request and disclose the basis of the application. This sworn testimony shall be deemed to be an affidavit for the purposes of issuance of a restraining order. Upon issuance of the restraining order, the judge shall memorialize the specific terms of the order. That memorialization shall be either by means of a recording device, or by adequate notes. Thereafter, the judge shall direct the law enforcement officer or prosecuting attorney to memorialize the specific terms authorized by the judge on a form, or other appropriate paper, designated as the restraining order. This order shall be deemed a restraining order for the purpose of N.J.S.A. 2C:35-5.7 ("Drug Offender Restraining Order Act of 1999") and N.J.S.A. 2C:14-12 ("Nicole's Law"). The judge shall direct the law enforcement officer or prosecuting attorney to print the judge's name on the restraining order. A copy of the restraining order shall be served upon the defendant by any officer authorized by law. Within 48 hours, the law enforcement officer or prosecuting attorney shall deliver to the judge, either in person, by facsimile transmission or by other means of electronic communication, the signed restraining order along with a certification of service upon the defendant. The certification of service shall include the date and time that service upon the defendant was made or attempted to be made in a form approved by the Administrative Director of the Courts. The judge shall verify the accuracy of these documents by affixing his or her signature to the restraining order. , Certification of Offense Location for Drug Offender Restraining Orders., When a restraining order is issued by electronic communication pursuant to N.J.S.A. 2C:35-5.7 ("Drug Offender Restraining Order Act of 1999") where the law enforcement officer or prosecuting attorney is not physically present at the same location as the court, the law enforcement officer or prosecuting attorney must provide an oral statement describing the location of the offense. Within 48 hours the law enforcement officer or prosecuting attorney shall deliver to the judge, either in person, by facsimile transmission or by other means of electronic communication, a certification describing the location of the offense. Note: Source -- R.R. 3:9-1(a) (b) (c) (d); paragraph (a) amended September 28, 1982 to be effective immediately; paragraphs (a), (b), (c) and (d) amended July 13, 1994 to be effective January 1, 1995; paragraph (a) amended July 10, 1998 to be effective September 1, 1998; new paragraph (b) adopted, and former paragraphs (b), (c), and (d) redesignated as paragraphs (c), (d), and (e) June 15, 2007 to be effective September 1, 2007; new paragraph (c) adopted and former paragraphs (c), (d), and (e) redesignated as paragraphs (d), (e), and (f) July 9, 2008 to be effective September 1, 2008; paragraph (a) amended and new paragraph (g) adopted July 9, 2013 to be effective September 1, 2013; caption amended, text of paragraph (a) amended and redesignated as paragraph (a)(1) with caption added, new paragraph (a)(2) adopted, paragraphs (b) and (c) amended, former paragraphs (d) and (e) deleted; former paragraph (f) amended and redesignated as paragraph (d), former paragraph (g) amended and redesignated as paragraph (e) August 30, 2016 to be effective January 1, 2017; paragraph (a)(1) amended November 14, 2016 to be effective January 1, 2017; paragraphs (a)(1), (a)(2), and (d) amended December 6, 2016 to be effective January 1, 2017; captions and text of paragraphs (a)(1) and (a)(2) amended July 28, 2017 to be effective September 1, 2017; subparagraph (e)(1) amended July 29, 2019 to be effective September 1, 2019. Part 3
- 3:23-2-Appeal; How Taken; Time 3:23-2 The defendant, a defendant's legal representative, or other person aggrieved by a judgment of conviction, or the defendant or State, if aggrieved by a final postjudgment order entered by a court of limited jurisdiction shall appeal therefrom by filing a notice of appeal with the clerk of the court below within 20 days after the entry of judgment. Within five days after the filing of the notice of appeal, one copy thereof shall be served on the prosecuting attorney, as hereinafter defined, and one copy thereof shall be filed with the Criminal Division Manager's office together with the filing fee therefor and an affidavit of timely filing of said notice with the clerk of court below and service on the prosecuting attorney (giving the prosecuting attorney's name and address). On failure to comply with each of the foregoing requirements, the appeal shall be dismissed by the Superior Court, Law Division without further notice or hearing. However, if the appeal is from a final judgment of the Superior Court arising out of a municipal court matter heard by a Superior Court judge sitting as a municipal court judge, the appeal shall be to the Appellate Division in accordance with R. 2:2-3(a)(1) and the time limits of R. 2:4-1(a) shall apply. Note: Source--R.R. 1:3-1(c), 1:27B(d), 3:10-2, 3:10-5. Amended November 22, 1978 to be effective December 7, 1978; amended July 11, 1979 to be effective September 10, 1979; amended November 5, 1986 to be effective January 1,1987; amended July 13, 1994 to be effective September 1, 1994; amended July 5, 2000 to be effective September 5, 2000; amended July 12, 2002 to be effective September 3, 2002; amended July 28, 2004 to be effective September 1, 2004. Part 3
- 3:22-8-Contents of Petition; Verification 3:22-8 The petition shall be verified by defendant and shall set forth with specificity the facts upon which the claim for relief is based, the legal grounds of complaint asserted, and the particular relief sought. The petition shall include the following information: (a) the date, docket number, and content of the indictment or accusation upon which the conviction was based and the county where filed; (b) the date and content of the sentence or judgment complained of and the name of the presiding judge; (c) any appellate proceedings brought from the conviction, attaching a copy of opinions therein; (d) any previous post-conviction proceedings relating to the same conviction, giving date and nature of claim and date and nature of disposition, and concerning any appeal therefrom, together with copies of opinions therein, trial and appellate; (e) whether petitioner was represented by counsel in any of the proceedings aforementioned, naming the counsel in each such proceeding, and stating whether counsel was in each instance retained or assigned; (f) whether and where defendant is presently confined; (g) when a claim of ineffective assistance of counsel is alleged that notice has been provided to the attorney whose performance is being challenged. Argument, citations and discussion of authorities shall be omitted from the petition, but may be submitted in a separate memorandum of law. Note: Source -- R.R. 3:10A-8; amended July 21, 2011 to be effective September 1, 2011. Part 3
- 3:23-4-Duties of Clerks of the Trial Court and Superior Court, Law Division 3:23-4, Preparation of Transcript., Upon the filing of the notice of appeal, the clerk of the court below shall forthwith deliver to the criminal division manager's office the complaint, the judgment of conviction, the exhibits retained by the clerk, and a transcript of the entire docket in the action, and the criminal division manager's office shall deliver copies thereof to the prosecuting attorney on request., Docketing; Hearing Date., Upon the filing of a copy of the notice of appeal, the affidavit and the payment of the filing fees, as provided by R. 3:23-2, the criminal division manager's office shall docket the appeal and shall thereafter fix a date for the hearing of the appeal and mail written notice thereof to the prosecuting attorney and the appellant, or, if the appellant is represented, the appellant's attorney. Note: Source--R.R. 3:10-4. Caption amended November 22, 1978 to be effective December 7, 1978; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a) and (b) amended July 5, 2000 to be effective September 5, 2000. Part 3
- 3:25A-1-Application for Disposition 3:25A-1 Notwithstanding the provisions of Rule 3:14, when a defendant has charges pending in more than one county at any stage prior to sentencing, either the defendant, or the prosecutor in any such county with the consent of the defendant, may move before the presiding judge of the criminal part in the county in which consolidation is sought, or before any judge designated to hear such motion, for consolidation for purposes of entering a plea or for sentencing. Written notice of such motion and an opportunity to be heard shall be given to the prosecutor in each county in which such a charge is pending. The motion shall be supported by certification that includes the information the court is required to consider under this Rule. In deciding whether to order consolidation and, if so, the county to be the forum for the consolidated charges, the judge shall consider: the nature, number, and comparative gravity of crimes committed in each of the respective counties; the similarity or connection of the crimes committed including the time span within which the crimes were committed; the county in which the last crime was committed; the county in which the most serious crime was committed; the defendant's sentencing status; the rights of the victims and the impact on any victim's opportunity to be heard any other relevant factor. Note: Adopted July 17, 1975 to be effective September 8, 1975; amended July 14, 1992, to be effective September 1, 1992. Part 3
- 3:25-1-Upon Motion of the Prosecutor Before or During Trial 3:25-1, Pre-Indictment., A complaint may be administratively dismissed by the prosecutor without presentation to the grand jury, in which event said prosecutor shall report the dismissal and the basis therefor to the Assignment Judge and shall notify the defendant., Post-Indictment., Upon motion by the prosecuting attorney, an indictment, accusation or complaint, or any count thereof, may be dismissed prior to trial by order of the judge to whom the same has been assigned for trial. During trial an indictment or accusation, or any count thereof may be dismissed by the trial judge on motion by the prosecuting attorney with the consent of the defendant. Note: Source -- R.R. 3:11-3(a); amended July 17, 1975 to be effective September 8, 1975, amended July 29, 1977 to be effective September, 1977; caption amended, captions added and former text amended and redesignated paragraphs (a) and (b) July 13, 1994 to be effective January 1, 1995. Part 3
- 3:23-5-Relief Pending Appeal 3:23-5, Relief from Custodial Sentence., If a custodial sentence has been imposed, and an appeal from the judgment of conviction has been taken, the defendant shall be admitted to bail by a judge of the Superior Court in accordance with the standards set forth in R. 3:26-1(a), Relief from Fine., A sentence to pay a fine, a fine and costs, or a forfeiture may be stayed by the court in which the conviction was had or to which the appeal is taken upon such terms as the court deems appropriate., Relief from Order for Probation., An order for probation may be stayed if an appeal is taken. Note: Source--R.R. 3:10-6. Paragraph (c) amended July 24, 1978 to be effective September 11, 1978; paragraph (a) amended January 5, 1998 to be effective February 1, 1998. Part 3
- 3:22-13-Notice Requirements in Petitions for Post-Conviction Relief 3:22-13 In all petitions for post-conviction relief where the ineffective assistance of counsel is being alleged, a copy of the petition shall be forwarded, as soon as practicable, to the attorney whose performance is being challenged. If the defendant is assigned counsel or otherwise represented by counsel, counsel shall provide the notice. If the defendant is appearing pro se, notice shall be provided by the defendant.< In cases where the attorney whose performance is being challenged is employed by the Office of the Public Defender or by a law firm, those entities shall also receive notice. Note: Adopted July 21, 2011 to be effective September 1, 2011. Part 3
- Verified Answer - Simon, Britt J.
- a0490-22.pdf
- Municipal Job Information, Job Title: Deputy Court Administrator (Part-Time) Vicinage: Burlington Municipal Court: Medford Twp Municipal Court Closing: Sept. 5, 2025 Posted: Aug. 20, 2025
- Deputy Court Administrator Part-Time - Medford
- Appendix XXVII-B-Self-Represented Litigant Certification of Notification of Complementary Dispute Resolution (CDR) Alternatives Appendix XXVII-B CN 10889, APPENDIX XXVII-B pdf, Appendix
- a1830-22.pdf
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- 3:26-2-Authority to Set Conditions of Pretrial Release 3:26-2, Authority to Set Conditions of Pretrial Release., A Superior Court judge may set conditions of pretrial release for a person charged with any offense and may set monetary bail or take any action in accordance with the Uniform Criminal Extradition Law, N.J.S.A. 2A:160-6 et seq., for any person arrested in any extradition proceeding. Conditions of pretrial release for any offense except a person arrested in any extradition proceeding may be set by any other judge provided that judge is setting conditions of pretrial release as part of a first appearance pursuant to Rule 3:4-2(b). , Conditions of Release., Conditions of pretrial release shall be set pursuant to R. 3:4-2(d) or (e) for persons for whom a complaint-warrant or a warrant on indictment is issued for an initial charge involving an indictable offense or a disorderly persons offense. 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. The court shall order the pretrial release of a defendant on personal recognizance or on the execution of an unsecured appearance bond when, after considering all the circumstances, the Pretrial Services Program’s risk assessment and recommendations on conditions of release prepared pursuant to section 11 of P.L.2014, c. 31 (c.2A:162-25), and any information that may be provided by a prosecutor or the defendant, the court finds that the release would reasonably assure the defendant’s appearance in court when required, the protection of the safety of any other person or the community, and that the defendant will not obstruct or attempt to obstruct the criminal justice process. When the court orders pretrial release pursuant to this subparagraph, the court shall, in the document authorizing the release, notify the defendant that the defendant must appear in court when required and that a failure to appear may result in the issuance of a warrant for the defendant’s arrest. If the court does not find, after consideration, that the release described in subparagraph (1) of this paragraph will reasonably assure the defendant’s appearance in court when required, the protection of the safety of any other person or the community, and that defendant will not obstruct or attempt to obstruct the criminal justice process, the court may order the pretrial release of the defendant subject to the following: the defendant shall appear in court as required; the defendant shall not commit any offense during the period of release; the defendant shall avoid all contact with an alleged victim of the crime; and the defendant shall avoid all contact with all witnesses who may testify concerning the offense that are named in the document authorizing the defendant’s release or in a subsequent court order. The court may impose other non-monetary conditions of release as set forth in subparagraph (3). The non-monetary condition or conditions of a pretrial release ordered by the court pursuant to this paragraph shall be the least restrictive condition, or combination of conditions, that the court determines will reasonably assure the defendant’s appearance in court when required, the protection of the safety of any other person or community, and that the defendant will not obstruct or attempt to obstruct the criminal justice process, which may include that the defendant: remain in the custody of a designated person, who agrees to assume supervision and to report any violation of a release condition to the court, if the designated person is able to reasonably assure the court that the defendant will appear in court when required, will not pose a danger to the safety of any other person or the community, and will not obstruct or attempt to obstruct the criminal justice process; will maintain employment, or, if unemployed, actively seek employment. maintain or commence an educational program; abide by specified restrictions on personal associations, place of abode or travel; report on a regular basis to a designated law enforcement agency, or other agency, or Pretrial Services Program; comply with a specified curfew; refrain from possessing a firearm, destructive device, or other dangerous weapon; refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance without a prescription by a licensed medical practitioner; undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose; return to custody for specified hours following release for employment, schooling, or other limited purposes; be placed in a pretrial home supervision capacity with or without the use of an approved electronic monitoring device. The court may order the defendant to pay all or a portion of the costs of the electronic monitoring, but the court may waive the payment for a defendant who is indigent and who has demonstrated to the court an inability to pay all or a portion of the costs; or satisfy any other condition that is necessary to reasonably assure the defendant’s appearance in court when required, the protection of the safety of any other person or the community, and that the defendant will not obstruct or attempt to obstruct the criminal justice process. If the court enters a release order that is contrary to the release recommendations, including release conditions, of the Pretrial Services Program obtained by using a risk assessment instrument, then the court shall set forth in the document authorizing the release its reasons for not accepting the release recommendations., Modification of Release Conditions., , Monetary Bail Restrictions., If a defendant is unable to post monetary bail, the defendant shall have that monetary bail reviewed promptly and may file an application with the court seeking a monetary bail reduction which shall be heard in an expedited manner. , Review of Conditions of Release., Except as provided in paragraphs (d) or (e) a Superior Court Judge may review the conditions of pretrial release set pursuant to Rule 3:26-1 on its own motion, or upon motion by the prosecutor or the defendant alleging that there has been a material change in circumstance that justifies a change in conditions. Any review of conditions pursuant to this rule shall be decided within 30 days of the filing of the motion. Upon a finding that there has been a material change in circumstance, the judge may set new conditions of release but may not order the defendant detained except as provided in Rule 3:4A. , Pretrial Services Compliance Review., For defendants who have been compliant with their conditions of release for a six-month period, the Pretrial Services Program shall conduct a pretrial compliance review pursuant to a process prescribed by the Administrative Director of the Courts and, upon notice to the parties, shall submit the results of that review to the court for its consideration in determining whether to reduce a defendant’s level of monitoring. The parties shall have the right to object and be heard. This compliance review is not meant to modify the conditions of a defendant’s release. , Violations of Conditions of Release., , Violation of Condition of Release When Defendant Released from Jail., Upon the motion of the prosecutor, when a defendant for whom a complaint-warrant or warrant on indictment was issued is released from custody, the court, upon a finding, by a preponderance of the evidence, that the defendant while on release violated a restraining order or condition of release, or upon a finding of probable cause to believe that the defendant has committed a new crime while on release, may revoke the defendant's release and order that the defendant be detained pending trial where the court, after considering all relevant circumstances including but not limited to the nature and seriousness of the violation or criminal act committed, finds clear and convincing evidence that no monetary bail, non-monetary conditions of release or combination of monetary bail and conditions would reasonably assure the defendant's appearance in court when required, the protection of the safety of any other person or the community, or that the defendant will not obstruct or attempt to obstruct the criminal justice process. The disposition of a motion filed pursuant to this subparagraph, or filed pursuant to Rule 3:4A, shall resolve any pending violation of monitoring that has been filed by the Pretrial Services Program. , Hearing on Violations of Conditions of Release., The defendant shall have a right to be represented by counsel and, if indigent, to have counsel appointed if he or she cannot afford counsel. The defendant shall be afforded the right to testify, to present witnesses, to cross-examine witnesses who appear at the hearing and to present information by proffer or otherwise. Testimony of the defendant given during the hearing shall not be admissible on the issue of guilt in any other judicial proceeding, but the testimony shall be admissible in proceedings related to the defendant’s subsequent failure to appear, proceedings related to any subsequent offenses committed during the defendant’s release, proceedings related to the defendant’s subsequent violation of any conditions of release, any subsequent perjury proceedings, and for the purpose of impeachment in any subsequent proceedings. The defendant shall have the right to be present at the hearing. The rules governing admissibility to evidence in criminal trials shall not apply to the presentation and consideration of information at the hearing. , Discovery., If the prosecutor is seeking release revocation, and the prosecutor had not previously moved to detain defendant, then the prosecutor no later than 24 hours before the release revocation hearing must comply with the discovery obligations as set forth in R. 3:4-2(c)(2), as well as provide defendant with (A) all statements or reports relating to evidence the State relies on to establish the violation, (B) all statements or reports relating to the factors listed in N.J.S.A. 2A:162-24 that the State relies upon to support release revocation at the hearing, and (C) all exculpatory evidence. , Timing of a Violation of Monitoring Filed by Pretrial Services., A violation of monitoring filed by the Pretrial Services Program shall be considered contemporaneously with any motion filed by the prosecutor to revoke release, to detain, or to change conditions of release, unless the court finds good cause to handle these matters separately. If no motion has been filed by the prosecutor, the court shall consider the violation of monitoring in the following situations: following the filing of new charges on a new complaint-warrant (CDR-2) or complaint-summons (CDR-1) at the defendant’s first appearance by a judge with authority to set conditions of release for the offenses charged; or following the detention of defendant on a bench warrant issued by the court, within 3 business days before the trial judge if the defendant has been indicted or before a judge with authority to set conditions of release for the offenses charged; or for defendants not in custody, at the defendant’s next scheduled court event or within twenty business days, whichever comes first. , Person Released on a Complaint-Summons or Summons on Indictment Who is Thereafter Arrested on a Warrant for a Failure to Appear., If a defendant charged on a complaint-summons or a summons on indictment is subsequently arrested on a warrant for a failure to appear in court when required, that defendant shall be eligible for release on personal recognizance or release on monetary bail by sufficient sureties at the discretion of the court. If monetary bail was not set when an arrest warrant for the defendant was issued, the court shall set monetary bail without unnecessary delay, but in no case later than 12 hours after arrest., Note:, Source -- R.R. 3:9-3(a) (b) (c); amended July 24, 1978 to be effective September 11, 1978; amended May 21, 1979 to be effective June 1, 1979; amended August 28, 1979 to be effective September 1, 1979; amended July 26, 1984 to be effective September 10, 1984; caption amended, former text amended and redesignated paragraph (a) and new paragraphs (b), (c) and (d) adopted July 13, 1994 to be effective January 1, 1995; paragraph (b) amended January 5, 1998 to be effective February 1, 1998; paragraph (d) amended July 9, 2013 to be effective September 1, 2013; paragraph (a) amended July 27, 2015 to be effective September 1, 2015; caption amended, paragraphs (a) and (b) caption and text amended, former paragraphs (c) and (d) deleted, and new paragraphs (c), (d), and (e) adopted August 30, 2016 to be effective January 1, 2017; paragraphs (b) and (d)(1) amended November 14, 2016 to be effective January 1, 2017; paragraph (a) amended December 6, 2016 to be effective January 1, 2017; paragraphs (b) and (d)(1) amended, and caption and text of paragraph (e) amended July 28, 2017 to be effective September 1, 2017; paragraphs (a) and (b) amended, subparagraph (d)(2) amended, and new subparagraph (d)(3) adopted July 27, 2018 to be effective September 1, 2018; new subparagraph (c)(3) adopted, subparagraph (d)(1) amended, and new subparagraph (d)(4) adopted September 12, 2024 to be effective November 1, 2024. Part 3
- 3:26-4-Form and Place of Deposit; Location of Real Estate; Record of Recognizances, Discharge and Forfeiture Thereof 3:26-4, Deposit of Monetary Bail., A person admitted to monetary bail or a combination of monetary bail and non-monetary conditions of pretrial release shall, together with that person's sureties, sign and execute a recognizance before the person authorized to take monetary bail or, if the defendant is in custody, the person in charge of the place of confinement. The recognizance shall contain the terms set forth in R. 1:13-3(b) and shall be conditioned upon the defendant's appearance at all stages of the proceedings until final determination of the matter, unless otherwise ordered by the court. One or more sureties may be required. Cash may be accepted and in proper cases no security need be required. A corporate surety shall be one approved by the Commissioner of Insurance and shall execute the recognizance under its corporate seal, cause the same to be duly acknowledged and shall annex thereto proof of authority of the officers or agents executing the same and of corporate authority and qualification. Monetary bail given in the Superior Court shall be deposited with the Finance Division Manager in the county in which the offense was committed, provided that upon order of the court monetary bail shall be transferred from the county of deposit to the county in which defendant is to be tried. Real estate offered as monetary bail for indictable and non-indictable offenses shall be approved by and deposited with the clerk of the county in which the offense occurred and not with the Municipal Court clerk. In any county, with the approval of the Assignment Judge, a program may be instituted for the deposit in court of cash in the amount of 10 percent of the amount of monetary bail fixed. , Limitation on Individual Surety., Unless the court for good cause otherwise permits, no surety, other than an approved corporate surety, shall enter into a recognizance or undertaking for monetary bail if there remains undischarged any previous recognizance or monetary bail undertaken by that surety. , Real Estate in Other Counties., Real estate owned by a surety located in a county other than the one in which the monetary bail is taken may be accepted, in which case the clerk of the court in which the monetary bail is taken shall forthwith transmit a copy of the recognizance certified by that clerk to the clerk of the county in which the real estate is situated, who shall record it in the same manner as if the recognizance had been taken in that clerk's county. , Record of Recognizance., The clerk of every court, except the municipal court, before which any recognizance shall be entered into shall record immediately into the Central Automated Bail System (CABS), the names of the persons entering into the recognizance, the amount thereof and the date of its acknowledgment. The Central Automated Bail System shall be kept in the clerk's office of the county in which such court shall be held, and be open for public inspection. In municipal court proceedings the record of the recognizance shall be entered in the docket book maintained by the clerk. , Record of Discharge; Forfeiture., When any recognizance shall be discharged by court order upon proof of compliance with the conditions thereof or by reason of the judgment in any matter, the clerk of the court shall enter the word "discharged" and the date of discharge at the end of the record of such recognizance. When any recognizance is forfeited, the Finance Division Manager shall enter the word "forfeited", and the date of forfeiture at the end of the record of such recognizance, and shall give notice of such forfeiture to the county counsel. When real estate of the surety located in a county other than the one in which the bail was taken is affected, the clerk of the court in which such recognizance is given shall forthwith send notice of the discharge or forfeiture and the date thereof to the clerk of the county where such real estate is situated, who shall make the appropriate entry at the end of the record of such recognizance. , Cash Deposit., When a person other than the defendant deposits cash in lieu of bond, the person making the deposit shall file an affidavit or certification concerning the lawful ownership thereof, and on discharge such cash may be returned to the owner named in the affidavit or certification. , Ten Percent Cash Bail., Except in first or second degree cases and certain crimes or offenses involving domestic violence as set forth in N.J.S.A. 2A:162-12 and unless the order setting monetary bail specifies to the contrary for good cause shown, whenever monetary bail is set pursuant to Rule 3:26-1, monetary bail may be satisfied by the deposit in court of cash in the amount of ten-percent of the amount of monetary bail fixed and defendant's execution of a recognizance for the remaining ninety percent. No surety shall be required unless the court fixing monetary bail specifically so orders. When cash equal to ten-percent of the monetary bail fixed is deposited pursuant to this Rule, if the cash is owned by someone other than the defendant, the owner shall charge no fee for the deposit other than lawful interest and shall submit an affidavit or certification with the deposit so stating and also listing the names of any other persons for whom the owner has deposited monetary bail. The person making the deposit authorized by this subsection shall file an affidavit or certification concerning the lawful ownership thereof, and on discharge such cash may be returned to the owner named in the affidavit or certification. Note: Source -- R.R. 3:9-5(a)(b)(c)(d)(e)(f)(g). Paragraph (a) amended June 29, 1973 to be effective September 10, 1973; paragraph (a) amended July 16, 1979 to be effective September 10, 1979; paragraph (g) adopted November 5, 1986 to be effective January 1, 1987; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraphs (f) and (g) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a), (b) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (g) amended February 27, 1995 to be effective immediately; paragraphs (a), (d), (e), (f) and (g) amended June 15, 2007 to be effective September 1, 2007; paragraph (g) amended July 9, 2013 to be effective September 1, 2013; paragraph (a) caption and text amended, paragraphs (b), (c) and (g) amended August 30, 2016 to be effective January 1, 2017. Part 3