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3:28-7-Conclusion of Period of Pretrial Intervention 3:28-7, Acceptance., Where a defendant charged with a penal or criminal offense has been accepted by the program, the judge may, on the recommendation of the criminal division manager and with the consent of the prosecutor and the defendant, postpone all further proceedings against said defendant on such charges for a period not to exceed thirty-six months. , Disposition., At the conclusion of the period set forth in paragraph (c) or earlier upon motion of the vicinage chief probation officer, the judge shall make one of the following dispositions: On recommendation of the vicinage chief probation officer and with the consent of the prosecutor and the defendant, dismiss the complaint, indictment or accusation against the defendant, such a dismissal to be designated “complaint (or indictment or accusation) dismissed"; or On recommendation of the vicinage chief probation officer and with the consent of the prosecutor and the defendant, further postpone all proceedings against such defendant on such charges for an additional period of time as long as the aggregate of postponement periods under the rule does not exceed thirty-six months; or On the written recommendation of the vicinage chief probation officer or the prosecutor or on the court’s own motion order the prosecution of the defendant to proceed in the ordinary course. Where a recommendation for such an order is made by the vicinage chief probation officer or the prosecutor, such person shall, before submitting such recommendation to the judge, provide the defendant and defendant’s last known attorney of record with a copy of such recommendation, shall advise the defendant of the opportunity to be heard thereon, and the judge shall afford the defendant such a hearing. A defendant shall also be entitled to a hearing challenging a vicinage chief probation officer’s or prosecutor’s recommendation for termination from the program and that the prosecution of defendant proceed in the normal course. The decision of the court shall be appealable by the defendant or the prosecutor as in the case of any interlocutory order. , Conclusion of Term., Where proceedings have been postponed against a defendant for an additional period as provided in paragraph (b)(2), at the conclusion of such period the judge may not again postpone proceedings but shall make a disposition in accordance with paragraph (b)(1) or (b)(3). The aggregate of postponement periods under this rule shall in no case exceed thirty-six months. , Records., The Administrative Director of the Courts shall maintain a record in the Judiciary’s computerized system of all applications, enrollments and the degree of completion thereof by a defendant in a program approved by the Supreme Court in accordance with R. 3:28-5(a). That system shall contain such information and material as directed by the Supreme Court. Note: Adopted September 15, 2017 to be effective July 1, 2018. Part 3
3:28-6-Appeal of Decision by Criminal Division Manager or Prosecutor 3:28-6, Time to File., A defendant challenging the decision of the criminal division manager not to recommend enrollment, or of a prosecutor refusing to consent to consideration of the defendant’s application where required pursuant to R. 3:28-1(d), or of a prosecutor’s refusing to consent to the defendant’s enrollment into the pretrial intervention program, shall file a motion with the Presiding Judge of the Criminal Division, or the judge to whom the case has been assigned, within ten days after receipt of the rejection and, if prepared, of the Criminal Division Manager’s report. The motion shall be made returnable at such time as the judge determines will promote an expeditious disposition of the case. , Standards., A defendant challenging a prosecutor’s decision to refuse to consent to consideration of an application must establish that the prosecutor’s decision was a patent and gross abuse of discretion. When considering an appeal, the court shall make an individualized determination, on a case-by-case basis, of whether a prosecutor’s decision to refuse to consent to consideration of an application for pretrial intervention was a patent and gross abuse of discretion. A defendant challenging the criminal division manager’s recommendation against enrollment into the pretrial intervention program must establish that the decision was arbitrary and capricious. A defendant challenging the prosecutor’s recommendation against enrollment into the pretrial intervention program must establish that the decision was a patent and gross abuse of discretion. , Appellate Review., If the rejection is upheld by the judge, there shall be no pretrial review by an appellate court of a decision of the prosecutor to refuse to consent to consideration of the application, or of a decision of the criminal division manager, or of the prosecutor to refuse to enroll a defendant into the pretrial intervention program. An order enrolling a defendant into the pretrial intervention program over the prosecutor's objection shall be deemed final for purposes of appeal, as of right, and shall be automatically stayed for fifteen days following its entry and thereafter pending appellate review. , Appeal After Judgment of Conviction., Denial of an application or enrollment 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. Note: Adopted September 15, 2017 to be effective July 1, 2018. Part 3
Municipal Job Information, Job Title: Clerk 1 Vicinage: Ocean Municipal Court: Lakewood Township Closing: Sept. 12, 2025 Posted: Aug. 21, 2025
3:28-8-Confidentiality of Pretrial Intervention Process and Records 3:28-8, Records and Reports Not Admissible., During the conduct of hearings subsequent to an order returning the defendant to prosecution in the ordinary course, no program records, investigative reports, reports made for a court or prosecuting attorney, or statements made by the defendant to program staff shall be admissible in evidence against such defendant. , Nondisclosure., No statement or other disclosure regarding the charge or charges against the participant made or disclosed by a participant in pretrial intervention to a person designated to provide supervisory treatment shall be disclosed by such person at any time, to the prosecutor, nor shall any such statement or disclosure be admitted as evidence in any civil or criminal proceeding against the participant, provided that the vicinage chief probation officer shall not be prevented from informing the prosecutor, or the court, on request or otherwise, whether the participant is satisfactorily responding to supervisory treatment. , Expungement., No order to expunge or seal records of arrest after dismissal of a complaint, indictment or accusation shall bar the retention of material and information in the Judiciary’s computerized system for the purposes of determining a defendant’s prior applications to, enrollments in, and the degree of completion of a Pretrial Intervention Program or for statistical reports required of the Administrative Director of the Courts, by law or the Supreme Court. Note: Adopted September 15, 2017 to be effective July 1, 2018. Part 3
3:28-10-Pretrial Intervention Program Director 3:28-10 For purposes of R. 3:28-1 et seq. and N.J.S.A. 2C:43-12 the criminal division manager shall be considered the program director for purposes of making recommendations on applications for enrollment into pretrial intervention. For purposes of R. 3:28-1 et seq. and N.J.S.A. 2C:43-12 the vicinage chief probation officer shall be considered the program director for purposes of recommending: (1) dismissal of the complaint, indictment or accusation against the defendant, (2) further postponement of all proceedings for additional time, or (3) termination of the defendant from the program and having the prosecution of the defendant proceed in the ordinary course. The criminal division manager and vicinage chief probation officer shall have the authority to delegate their ability under R. 3:28-1 et seq. to make recommendations to another person or persons. Note: Adopted September 15, 2017 to be effective July 1, 2018. Part 3
3:28-9-Written Reasons and Decisions 3:28-9, Application., The decisions and reasons made by the prosecutor and criminal division manager in recommending or denying a defendant’s application for enrollment into the pretrial intervention program in all cases shall be reduced to writing and disclosed to the defendant and defendant’s attorney. The decision of the judge to grant or deny the application shall be written or placed on the record pursuant to R. 1:7- 4 and accompanied by an order. , Termination or Dismissal., The decisions and reasons made by the prosecutor and vicinage chief probation officer in recommending termination from the pretrial intervention program or dismissal of charges in all cases shall be reduced to writing and disclosed to the defendant and defendant’s last known attorney of record. The decision of the judge to order termination or dismissal of the charges shall be written or placed on the record pursuant to R. 1:7-4 and accompanied by an order. Note: Adopted September 15, 2017 to be effective July 1, 2018. Part 3
4:1-Scope Of Rules 4:1 The rules in Part IV, insofar as applicable, govern the practice and procedure of civil actions in the Superior Court, Law and Chancery Divisions, and the surrogate's courts and the Tax Court except as otherwise provided in Part VI and Part VIII. Note: Source-R.R. 4:1-1. Amended June 20, 1979 to be effective July 1, 1979; amended July 26, 1984 to be effective September 10, 1984; amended November 7, 1988 to be effective January 2, 1989. Part 4
4:2-1-Form of Action 4:2-1 There shall be one form of action in civil practice to be known as a "civil action". Note: Source-R.R. 4:2. Part 4
4:2-2-Commencement of Action 4:2-2 A civil action is commenced by filing a complaint with the court. Note: Source - R.R. 4:3-1. Part 4
4:3-1-Divisions of Court; Commencement and Transfer of Actions 4:3-1, Where Instituted., , Chancery Division-General Equity., Actions in which the plaintiff’s primary right or the principal relief sought is equitable in nature, except as otherwise provided by subparagraphs (2) and (3), shall be filed and heard in the Chancery Division, General Equity, even though legal relief is demanded in addition or alternative to equitable relief. , Chancery Division-Probate Part., All actions pursuant to R. 4:83 et seq. shall be filed and heard in the Chancery Division, Probate Part. , Chancery Division-Family Part., All actions in which the principal claim is unique to and arises out of a family or family-type relationship, including palimony actions, shall be filed and heard in the Chancery Division, Family Part. Actions cognizable in the Family Part shall include all actions and proceedings referenced in Part V of these rules, unless otherwise provided in subparagraph (a)(4) of this rule; all actions and proceedings formerly cognizable in the juvenile and domestic relations court; and all other actions and proceedings unique to and arising out of a family or family-type relationship. , Specific Case Types., The following types of cases shall be filed and heard in the Division and Part as specified: , Name Change., Actions seeking to change the name of an adult and/or minor shall be filed and heard in accordance with applicable provisions of R. 4:72. , Partition., Notwithstanding a family or family-type relationship, if partition is the only relief sought, the matter shall be filed and heard in the Chancery Division, General Equity. If any other form of relief is sought that affects the family or family-type relationship, including but not limited to divorce, termination of domestic partnership, dissolution of civil union, spousal support, child support, custody, parenting time, property distribution or palimony, the matter shall be filed and heard in the Chancery Division, Family Part. , Enforcement of Judgments., Except as otherwise provided in the court rules, all motions or applications to modify or enforce a judgment, regardless of the relief sought, shall be filed and heard in the Division and Part where the judgment was entered. , Parenting Time/Visitation., All parenting time/visitation issues relating to minors shall be filed and heard in the Chancery Division, Family Part. Parenting time/visitation issues related to adults shall be filed and heard in the Chancery Division, General Equity, except that actions seeking visitation of adjudicated incapacitated adults shall be filed and heard in the Chancery Division, Probate Part. , Personal Possessions., If ownership interest or monetary damages pertaining to personal property, including pets, is the only relief sought, the matter shall be filed and heard in the Law Division, Civil Part or Law Division, Special Civil Part. If any other form of relief is sought that affects the family or family-type relationship, including but not limited to divorce, termination of domestic partnership, dissolution of civil union, spousal support, child support, custody, parenting time, property distribution or palimony, the matter shall be filed and heard in the Chancery Division, Family Part. , Ejectment., If ownership interest or monetary damages pertaining to an ejectment is the only relief sought, the matter shall be filed and heard in the Law Division, Civil Part, the Law Division, Special Civil Part, or the Chancery Division, General Equity. If any other form of relief is sought that affects the family or family-type relationship, including but not limited to divorce, termination of domestic partnership, dissolution of civil union, spousal support, child support, custody, parenting time, property distribution or palimony, the matter shall be filed and heard in the Chancery Division, Family Part. , Requests for Transcripts of Closed Family Court Proceedings Made in a Civil Action., Where, in a Civil action, a request is made for a transcript of a Chancery Division, Family Part proceeding deemed closed by court rules, court order or statute, an application shall be filed and heard in the Law Division, Civil Part to determine the disclosure of the Family Part transcript and to establish whether any conditions should be attached to the provision of the transcript. The parties to the Family Part matter shall be provided notice of the application. , Birth Certificates and Marriage Certificates., Applications seeking to alter the name of a parent on a birth certificate shall be filed and heard in the Chancery Division, Family Part if the application is filed on behalf of a minor. Applications for issuance of a vital record in cases in which the Bureau of Vital Statistics declines to act, such as a request for a delayed certificate of birth, shall be filed in the Law Division, Civil Part as an action in lieu of prerogative writ. If the county of venue is unknown, then application may be made to the Civil Division in Mercer County on the basis of convenience to the State Registrar. Otherwise, the action in lieu of prerogative writ shall be filed in the county where the birth or marriage took place. , Post-Judgment Relief Relating to Incapacitated Adult Child of Parents Subject to Family Part Order., An action seeking to modify or enforce the terms of a Chancery Division, Family Part order addressing custody and/or parenting time/visitation of an unemancipated minor child who was later adjudicated incapacitated as defined in N.J.S.A. 3B:1-2 after reaching age 18, shall be filed and heard in the Chancery Division, Probate Part. An action seeking continuation, modification, or enforcement of child support for such a child beyond the age of 23 with a severe physical or mental incapacity that causes the child to be financially dependent on a parent as set forth in N.J.S.A. 2A:17-56.67 shall be filed and heard in the Chancery Division, Family Part pursuant to R. 5 :6-9(g). , Law Division., All actions in the Superior Court except those encompassed by subparagraphs (1), (2), (3), and (4) herein shall be filed and heard in the Law Division, Civil Part or the Law Division, Special Civil Part. , Transfer Between Law and Chancery Division., A motion to transfer an action from one trial division of the Superior Court or part thereof to another, except those actions governed by Part VI of these rules, shall be made within 10 days after expiration of the time prescribed by R. 4:6-1 for the service of the last permissible responsive pleading or, if the action is brought pursuant to R. 4:67 (summary actions), on or before the return date if the action is pending in the Law Division. Unless so made, objections to the trial of the action in the division specified in the complaint are waived, but the court on its own motion may thereafter order such a transfer. Actions transferred shall not be retransferred. The order of transfer shall be filed in triplicate. Note: Source – R.R. 4:41-2, 4:41-3, 5:1-2. Paragraphs (a) and (b) amended and caption amended July 22, 1983 to be effective September 12, 1983; new paragraph (a) adopted and paragraph (b) amended December 20, 1983 to be effective December 31, 1983; paragraphs (a) and (b) amended November 7, 1988 to be effective January 2, 1989; subparagraph (a)(1) amended, subparagraph (a)(2) recaptioned and adopted, former subparagraphs (a)(2) and (a)(3) redesignated (a)(3) and (a)(4) respectively, and subparagraph (a)(4) amended June 29, 1990 to be effective September 4, 1990; subparagraphs (a)(1), (a)(2) and (a)(3) amended, new subparagraph (a)(4) adopted, and former subparagraph (a)(4) amended and redesignated as subparagraph (a)(5) July 27, 2018 to be effective September 1, 2018; subparagraph (a)(4)(1) amended July 15, 2024 to be effective September 1, 2024. Part 4