- 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
- 3:23-1-Exclusive Method of Review 3:23-1 Except as provided by R. 2:2-3(c), review of a judgment of conviction in a criminal action or proceeding in a court of limited criminal jurisdiction shall be by appeal as provided by R. 3-23., Note:, Source – R.R. 3:10-1. Amended August 5, 2022 to be effective September 1, 2022. Part 3
- 3:21-7-Probation and Suspended Sentence 3:21-7, Conditions., The order shall require the defendant to comply with standard conditions adopted by the court and filed by counsel with the criminal division manager as designee of the deputy clerk of the Superior Court (except as otherwise ordered), as well as such special conditions, including a term of imprisonment pursuant to N.J.S.A. 2C:45-1(c), as the court imposes. As a condition of probation the court may impose a term of community-related service to be performed by the defendant under such terms and conditions as the court may determine. A copy of the order, together with the standard and special conditions, shall be furnished to the defendant, and read and explained to the defendant by the probation officer, whereupon the defendant and the probation officer shall sign a joint statement, to be filed with the criminal division manager as designee of the deputy clerk of the Superior Court, as to the officer's compliance with such reading and explanation requirement. If the defendant refuses to sign such statement, the defendant shall be resentenced. , Detention., The court may, pursuant to N.J.S.A. 2C:45-3(a)(3), upon a showing of probable cause that the defendant has committed another offense, detain without bail pending determination of the charge, a defendant who was sentenced to probation or whose sentence was suspended. , Revocation., At any time before termination of the period of suspension or probation, the court may revoke a suspension or probation pursuant to N.J.S.A. 2C:45- 3., Note:, Source-R.R. 3:7-10(g). Amended July 16, 1979 to be effective September 10, 1979; amended August 28, 1979 to be effective September 1, 1979; paragraphs (a) and (b) amended July 13, 1994 to be effective January 1, 1995. (Explanatory note: The July 16, 1979 amendment to this rule included in this text since the adopting order has already been entered even though the effective date is later than that applicable to the subsequent change.) Part 3
- 3:22-6A-Notifying Court of Assignment; Filing of Appearance 3:22-6A Within ninety days of receipt of an order of assignment on a filed petition for post-conviction relief, the Public Defender shall provide the court with the name of the attorney assigned to represent the defendant. That attorney shall, within ten days, file an appearance with the judge. If a direct appeal, including a petition for certification, is pending, the Public Defender shall notify the court, and the petition shall be dismissed without prejudice. If the defendant refiles the petition within 90 days of the date of the judgment on direct appeal, including consideration of a petition for certification, or within five years after the date of the entry pursuant to Rule 3:21-5 of the judgment of conviction being challenged, it shall be considered a first petition for post-conviction relief. Where the order of assignment sets forth reasons that the petition is not cognizable under R. 3:22-2, or does not contain the requirements of R. 3:22-8, or the Office of the Public Defender determines that such deficiencies exist and so notifies the court, the attorney assigned to represent the defendant shall, within 120 days of assignment, file an amended petition or new application that is cognizable under R. 3:22-2 and which meets the requirements contained in R. 3:22-8, or shall seek other relief as may be appropriate. In the absence of an amended petition, the court may dismiss the petition without prejudice. In all other cases in which an attorney is representing the defendant, the attorney shall file an appearance contemporaneously with the filing of a petition for post-conviction relief. , Note:, Adopted July 16, 2009 to be effective September 1, 2009; paragraph (2) amended January 14, 2010 to be effective February 1, 2010. 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
- 3:21-2-Presentence Procedure 3:21-2, Investigation., Before the imposition of a sentence or the granting of probation court support staff shall make a presentence investigation in accordance with N.J.S.A. 2C:44-6 and report to the court. The report shall contain all presentence material having any bearing whatever on the sentence and shall be furnished to the defendant and the prosecutor. , Examination., After the presentence investigation and before imposing sentence, the court may order, pursuant to N.J.S.A. 2C:44-6(c), a physical or mental examination of the defendant provided that the defendant may not be committed to an institution for the purpose of that examination. The examination report shall be furnished to the defendant and the prosecuting attorney. , Transmittal of Reports., If a custodial sentence is imposed, court staff shall, within fifteen days thereafter, transmit a copy of the presentence report and the examination report, if any, to the person in charge of the institution to which the defendant has been committed., Note:, Source-R.R. 3:7-10(b). Amended July 7, 1971 to be effective September 13, 1971; amended June 29, 1973 to be effective September 10, 1973; amended August 27, 1974 to be effective September 9, 1974; amended July 29, 1977 to be effective September 6, 1977; amended July 16, 1979 to be effective September 10, 1979; paragraph designations and new paragraph (b) adopted and paragraph (c) amended August 28, 1979, to be effective September 1, 1979; paragraph (a) amended September 28, 1982, to be effective immediately; paragraphs (a) and (c) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a) and (b) amended July 13, 1994 to be effective January 1, 1995; paragraph (a) amended July 28, 2004 to be effective September 1, 2004; paragraph (a) amended July 28, 2017 to be effective September 1, 2017. Part 3
- 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
- 3:22-2-Grounds 3:22-2 A petition for post-conviction relief is cognizable if based upon any of the following grounds: Substantial denial in the conviction proceedings of defendant's rights under the Constitution of the United States or the Constitution or laws of the State of New Jersey; Lack of jurisdiction of the court to impose the judgment rendered upon defendant's conviction; Imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law if raised together with other grounds cognizable under paragraph(a), (b), or (d) of this rule. Otherwise a claim alleging the imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law shall be filed pursuant to R. 3:21-10(b)(5). Any ground heretofore available as a basis for collateral attack upon a conviction by habeas corpus or any other common-law or statutory remedy. A claim of ineffective assistance of counsel based on trial counsel’s failure to file a direct appeal of the judgment of conviction and sentence upon defendant’s timely request., Note:, Source -- R.R. 3:10A-2; paragraph (c) amended July 16, 2009 to be effective September 1, 2009, new paragraph (e) adopted July 27, 2018 to be effective September 1, 2018. Part 3
- 3:21-8-Credit for Confinement Pending Sentence and Re-Sentence 3:21-8 The defendant shall receive credit on the term of a custodial sentence for any time served in custody in jail or in a state hospital between arrest and the imposition of sentence. While committed to a residential treatment facility, the defendant shall receive credit on the term of a custodial sentence for each day during which the defendant satisfactorily complied with the terms and conditions of Recovery Court "special probation" pursuant to N.J.S.A. 2C:35-14 or Recovery Court probation pursuant to N.J.S.A. 2C:45-1. The court, in determining the number of credits for time spent in a residential treatment facility, shall consider the recommendations of the treatment provider., Note:, Source -- R.R. 3:7-10(h) (first sentence); amended July 13, 1994 to be effective September 1, 1994; caption amended and text designated as paragraph (a), paragraph (b) adopted July 28, 2017 to be effective September 1, 2017; paragraph (b) amended August 4, 2023 to be effective September 1, 2023. Part 3
- 3:22-7-Docketing; Service on Prosecutor; Assignment for Disposition 3:22-7 The criminal division manager shall make an entry of the filing of the petition in the proceedings in which the conviction took place, and, if it is filed pro se, shall forthwith transmit a copy thereof to the prosecutor of the county. If the petition is filed by an attorney, that attorney shall serve a copy thereof on the prosecutor before filing and shall file proof, certification or acknowledgment of service with the petition. The criminal division manager shall promptly notify the Criminal Presiding Judge of the filing of the petition, and the Criminal Presiding Judge shall forthwith refer the matter for disposition to a trial judge., Note:, Source -- R.R. 3:10A-7; amended July 13, 1994 to be effective September 1, 1994; amended July 16, 2009 to be effective September 1, 2009. Part 3
- 3:22-3-Exclusiveness of Remedy; Not Substitute for Appeal or Motion 3:22-3 Except as otherwise required by the Constitution of New Jersey, a petition pursuant to this rule is the exclusive means of challenging a judgment rendered upon conviction of a crime. It is not, however, a substitute for appeal from conviction or for motion incident to the proceedings in the trial court, and may not be filed while such appellate review or motion is pending., Note:, Source -- R.R. 3:10A-3; amended July 16, 2009 to be effective September 1, 2009. Part 3
- 3:22-5-Bar of Ground Expressly Adjudicated 3:22-5 A prior adjudication upon the merits of any ground for relief is conclusive whether made in the proceedings resulting in the conviction or in any post-conviction proceeding brought pursuant to this rule or prior to the adoption thereof, or in any appeal taken from such proceedings., Note:, Source -- R.R. 3:10A-5. Part 3
- 3:21-4-Sentence 3:21-4, Imposition of Sentence; Conditions of Release., Sentence shall be imposed without unreasonable delay. Pending sentence the court may commit the defendant or continue, impose or alter the conditions of release, regardless of whether the defendant is an eligible defendant pursuant to N.J.S.A. 2A:162-15 et seq. , Presence of Defendant; Statement., Sentence shall not be imposed unless the defendant is present or has filed a written waiver of the right to be present. Before imposing sentence the court shall address the defendant personally and ask the defendant if he or she wishes to make a statement in his or her own behalf and to present any information in mitigation of punishment. The defendant may answer personally or by his or her attorney. , Sentence to Probation., The court, at time of sentence, shall inform defendants sentenced to probation what penalties might be imposed on revocation should they not adhere to the conditions of their probation. , Extradition., Nothing herein contained shall be construed as affecting the provisions of N.J.S. 2A:160-5 (relating to extradition) or the power of the court to resentence a defendant after reversal of the judgment by reason of error in the sentence. , Extended or Enhanced Term of Imprisonment; Sentence Pursuant to N.J.S.A. 2C:35-8., A motion pursuant to N.J.S.A. 2C:44-3 or N.J.S.A. 2C:43-6(f) for the imposition of an extended term of imprisonment, or a motion for enhanced sentence pursuant to N.J.S.A. 2C:35-8, shall be filed with the court by the prosecutor within 14 days of the entry of the defendant's guilty plea or the return of the verdict. Where the defendant is pleading guilty pursuant to a negotiated disposition, the prosecutor shall make the motion at or prior to the plea. If the negotiated disposition includes the recommendation of an extended term, the prosecutor's oral notice and the recordation of the extended term exposure in the plea form completed by defendant and reviewed on the record shall serve as the State's motion. For good cause shown the court may extend the time for filing the motion. The sentence shall include a determination as to whether the defendant was convicted and sentenced to an extended term of imprisonment as provided in N.J.S.A. 2C:43-7, 2C:44-3 and 2C:44-6(e), N.J.S.A. 2C:43-6(f) or whether the defendant was being sentenced pursuant to N.J.S.A. 2C:35-8, and the commitment or order of sentence which directs the defendant's confinement shall so specify. , Sentence Pursuant to Negotiated Disposition under N.J.S.A. 2C:35-12., Where the defendant is pleading guilty pursuant to a negotiated disposition governed by N.J.S.A. 2C:35-12, and, as part of that negotiated disposition, the prosecutor has agreed not to file a motion for a mandatory extended-term sentence under N.J.S.A. 2C:43-6(f), the prosecutor shall represent to the court, on the record at the time of the guilty plea, that (1) the plea is pursuant to N.J.S.A. 2C:35-12, (2) the defendant would ordinarily be eligible for a mandatory extended-term sentence under N.J.S.A. 2C:43- 6(f), and (3) the State is waiving the extended-term sentence in exchange for the defendant’s guilty plea. The parties shall also record this information on the plea form. If the defendant disputes the prosecutor’s representation that defendant is eligible for a mandatory extended-term sentence under N.J.S.A. 2C:43-6(f), the court shall hold a hearing at which the State shall have the burden to prove the defendant’s eligibility for such a sentence by a preponderance of the evidence. , Sentence., Pursuant to N.J.S.A. 2C:43-7.1, 2C:43-7.2, or 2C:44-5.1. A notice to impose sentence pursuant to N.J.S.A. 2C:43-7.1, N.J.S.A. 2C:43-7.2, or 2C:44- 5.1 shall be filed with the court and served upon the defendant by the prosecutor within 14 days of the entry of the defendant's guilty plea or return of the verdict. Where the defendant is pleading guilty pursuant to a negotiated disposition, the prosecutor shall file and serve the notice at or prior to the plea. If the negotiated disposition includes the recommendation of an extended term, the prosecutor's oral notice and the recordation of the extended term exposure in the plea form completed by defendant and reviewed on the record shall serve as the State's notice. For good cause shown the court may extend the time for filing the notice. The sentence shall include a determination as to whether the defendant was convicted and sentenced pursuant to N.J.S.A. 2C:43- 7.1, N.J.S.A. 2C:43-7.2, or 2C:44-5.1 and the judgment and commitment shall so specify. , Reasons for Sentence., At the time sentence is imposed the judge shall state reasons for imposing such sentence including findings pursuant to the criteria for withholding or imposing imprisonment or fines under N.J.S.A. 2C:44-1 to 2C:44-3; the factual basis supporting a finding of particular aggravating or mitigating factors affecting sentence; and, if applicable, the reasons for ordering forfeiture of public office, position or employment, pursuant to N.J.S.A. 2C:51-2. , Notification of Right to Appeal and to File Petitions for Post-Conviction Relief., After imposing sentence, whether following the defendant's plea of guilty or a finding of guilty after trial, the court shall advise the defendant of the right to appeal and, if the defendant is indigent, of the right to appeal as an indigent. The court shall also inform the defendant of the time limitations in which to file petitions for post-conviction relief. , Sentence Imposed., Pursuant to N.J.S.A. 2C:44-1(f)(2). In the event the court imposes sentence pursuant to N.J.S.A. 2C:44-1(f)(2), such sentence shall not become final until 10 days after the date sentence was pronounced. , Statement of Estimated Real Time to Be Served., If defendant is sentenced to prison or jail, at the time sentence is imposed the judge shall state the approximate period of time defendant will actually serve in custody according to the then current State Parole Board "Parole Eligibility Tables." The statement should also consider the impact of jail credits, and should indicate that it is made for the benefit of the public, including those in attendance at the proceedings, and cannot be relied on by the defendant for purposes of proceedings before the Parole Board or any direct or collateral appeal., Note:, Source -- R.R. 3:7-10(d). Paragraph (f) amended September 13, 1971, paragraph (c) deleted and paragraphs (d), (e) and (f) redesignated as (c), (d) and (e) July 14, 1972 to be effective September 5, 1972; paragraph (e) adopted and former paragraph (e) redesignated as (f) August 27, 1974 to be effective September 9, 1974; paragraph (b) amended July 17, 1975 to be effective September 8, 1975; paragraphs (d) and (e) amended August 28, 1979 to be effective September 1, 1979; paragraph (d) amended December 26, 1979 to be effective January 1, 1980; paragraph (g) adopted July 26, 1984 to be effective September 10, 1984; paragraph (d) caption and text amended November 5, 1986 to be effective January 1, 1987; paragraph (d) amended November 2, 1987 to be effective January 1, 1988; paragraph (d) amended January 5, 1988 to be effective February 1, 1988; new paragraph (c) adopted and former paragraphs (c), (d), (e), (f), and (g) redesignated (d), (e), (f), (g), and (h) respectively June 29, 1990 to be effective September 4, 1990; paragraph (b) amended July 14, 1992 to be effective September 1, 1992; paragraph (i) adopted April 21, 1994 to be effective June 1, 1994; paragraphs (b), (e), (f) and (g) amended July 13, 1994 to be effective January 1, 1995; former paragraphs (f), (g), (h), and (i) redesignated as paragraphs (g), (h), (i), and (j) and new paragraph (f) adopted July 10, 1998 to be effective September 1, 1998; paragraph (j) amended July 5, 2000 to be effective September 5, 2000; paragraph (e) caption and text amended, and paragraph (f) amended June 15, 2007 to be effective September 1, 2007; paragraph (h) caption and text amended July 16, 2009 to be effective September 1, 2009; paragraph (g) amended July 21, 2011 to be effective September 1, 2011; paragraph (a) caption and text amended August 30, 2016 to be effective January 1, 2017; paragraph (a) amended July 29, 2019 to be effective September 1, 2019; new paragraph (f) adopted, and former paragraphs (f), (g), (h), (i) and (j) redesignated as paragraphs (g), (h), (i), (j) and (k) July 30, 2021 to be effective September 1, 2021. Part 3
- 3:21-11-Motion to Vacate Certain Convictions 3:21-11, Motion for Relief., In accordance with the time frame in paragraph (b) of this rule, a person convicted of N.J.S.A. 2C:34-1, prostitution and related offenses; or N.J.S.A. 2C:34-1.1, loitering for the purpose of engaging in prostitution; or a similar local ordinance may file a motion with the Superior Court in the county where the conviction occurred, to vacate the conviction and contemporaneously expunge any reference to the person's arrest, conviction, and any proceeding for prostitution, when the person's participation in the offense was a result of having been a victim of human trafficking pursuant to N.J.S.A. 2C:13-8 or as defined in 22 U.S.C. 7102(14). , Time., Following the entry of a judgment of conviction, a motion shall be made and heard within a reasonable time after the applicant has ceased to be a victim of human trafficking or has sought services for being a victim of human trafficking, whichever occurs later, subject to reasonable concerns for the safety of the applicant, family members of the applicant, or other victims of human trafficking that may be jeopardized by the bringing of the motion, or for other reasons consistent with this rule. , Notice., The notice of motion, together with a copy of all supporting documents, shall be served by certified or registered mail, return receipt requested, upon the Attorney General; the county prosecutor of the county where the court is located; the Superintendent of State Police; the chief of police or other executive head of the police department of the municipality where the offense was committed; the chief law enforcement officer of any other law enforcement agency of this State that participated in the arrest of the applicant; the superintendent or warden of any institution in which the applicant was confined; and, if a disposition was made in municipal court, upon the judge of that court. A noticed party may make an appearance or file a submission responding to the motion. , Contents of Motion; Certification; Procedure., , Contents of Motion., The motion shall set forth the following information: a notice of motion; the movant's certification setting forth the claim, along with a description of all of the evidence included; the movant's certification of victimization; packet of evidence documenting the applicant's status as a victim of human trafficking at the time of the offense; the date, docket number, and content of the complaint, indictment or accusation upon which the conviction was based and the county where filed; the date and content of the sentence or judgment complained of and the name of the presiding judge; consent to vacate the conviction and expunge any reference to the applicant's arrest, conviction, and any proceeding for prostitution from the prosecutor where the offense occurred, if such consent has been obtained; form of order to vacate the conviction and expunge records; and proof of service upon the parties. Evidence documenting the applicant's status as a victim of human trafficking at the time of the offense may include, but not be limited to: certified records of federal or State court proceedings which demonstrate that the applicant was a victim of a trafficker charged with a human trafficking offense under N.J.S.A. 2C:13-8 or chapter 77 of Title 18 of the United States Code; certified records of approval notices or law enforcement certifications generated from a federal immigration proceeding available to victims of human trafficking; testimony or a sworn statement from a trained professional staff member of a victim services organization, an attorney, a member of the clergy or a health care or other professional from whom the applicant has sought assistance in addressing the trauma associated with being a victim of human trafficking; or any other evidence that the court deems appropriate. , Certification; Hearing., Any factual assertion that provides the predicate for a claim of relief must be made by an affidavit or certification pursuant to Rule 1:4- 4 and based upon personal knowledge of the declarant. A hearing need not be conducted on the motion, unless the court, after review of the material submitted, concludes that a hearing is required in the interest of justice. , Order., The court may vacate a conviction pursuant to this rule upon a finding by a preponderance of the evidence that the applicant was a victim of human trafficking pursuant to N.J.S.A. 2C:13-8 or as defined in 22 U.S.C. 7102(14) at the time of the offense, and that the violation was a result of the applicant having been a victim of human trafficking. If the court finds that the applicant was a victim of human trafficking it shall enter an order vacating the conviction and directing that all court records be revised accordingly, and requiring that any court, law enforcement, correctional agencies, and other parties noticed pursuant to this rule expunge all references to the applicant's arrest, conviction, and related proceedings for the violation of N.J.S.A. 2C:34-1, prostitution and related offenses; or N.J.S.A. 2C:34-1.1, loitering for the purpose of engaging in prostitution; or a similar local ordinance from all records in their custody that relate to the vacated conviction. , Expungement., Nothing herein shall prohibit a person from seeking an expungement pursuant to N.J.S.A. 2C:52-1 to -32., Note:, Adopted July 27, 2015 to be effective September 1, 2015. Part 3
- MJP Ineligible List
- FIC Ineligible List
- 4:14-9-Audiovisual Recording of Depositions 4:14-9 Videotaped depositions may be taken for discovery purposes or for use at trial in accordance with the applicable provisions of these discovery rules subject to the following further requirements and conditions:, Time for Taking Audiovisually-Recorded Depositions., The provisions of R. 4:14-1 shall apply to audiovisually-recorded depositions except that such a deposition of a treating physician or expert witness which is intended for use in lieu of trial testimony shall not be noticed for taking until 30 days after a written report of that witness has been furnished to all parties. Any party desiring to take a discovery deposition of that witness shall do so within such 30-day period. , Notice., A party intending to make an audiovisual recording of a deposition shall serve the notice required by R. 4:14-2(a) not less than 10 days prior to the date therein fixed for the taking of the deposition. The notice shall further state that the deposition is to be audiovisually-recorded. , Transcript., The audiovisual recording of a deposition shall not be deemed to except it from the general requirement of stenographic recording and typewritten transcript. Prior to the swearing of the witness by the officer, the name, address and firm of the person making the audiovisual recording shall be stated on the record. , Filing, Copies., Immediately following the conclusion of the deposition, the person making the audiovisual recording shall deliver the audiovisual recording to the officer taking or directing the deposition, who shall mark it as an exhibit to the deposition, if feasible. Further, the person making the audiovisual recording shall, if feasible, provide a copy of the audiovisual recording to all parties present. If copies cannot be made at the conclusion of the deposition, the party who noticed the audiovisual recording of the deposition shall promptly furnish a copy of the audiovisual recording to all parties appearing at the deposition , Use., Audiovisually-recorded depositions may be used at trial in accordance with R. 4:16-1. In addition, an audiovisually-recorded deposition of a treating physician or expert witness, which has been taken in accordance with these rules, may be used at trial in lieu of testimony whether or not such witness is available to testify and provided further that the party who has taken the deposition has produced the witness for further audiovisually-recorded deposition necessitated by discovery completed following the original deposition or for other good cause. Disputes among parties regarding the recall of a treating physician or expert witness shall be resolved by motion, which shall be made as early as practicable before trial. The taking of an audiovisually-recorded deposition of a treating physician or expert witness shall not preclude the party taking the deposition from producing the witness at trial. , Objections., Where an audiovisually-recorded deposition is taken for use at trial in lieu of testimony, all evidential objections shall, to the extent practicable, be made during the course of the deposition. Each party making such objection shall, within 45 days following the completion of the deposition, file a motion for rulings thereon and all such motions shall be consolidated for hearing. The court may, however, on its own motion or the motion of a party, abbreviate the time period if the deposition of a treating physician or expert witness is taken pursuant to R. 4:36-3(c) or for other good cause. A copy of the audiovisual recording shall be edited in accordance with said rulings and the copy so edited shall be made available for copying to all other parties. , Cost of Audiovisually-Recorded Depositions., All out-of-pocket expenses incurred in connection with an audiovisual recording of a deposition, including making required copies and edits, shall be borne, in the first instance, by the party taking the deposition. The cost of court presentation of the audiovisual recording shall be borne, in the first instance, by the party offering that recording. , Record on Appeal., Where an audiovisual recording of a deposition is used at trial, the typewritten transcript thereof shall be included in the record on appeal. The audiovisual recording itself shall not constitute part of the record on appeal except on motion for good cause shown., Note:, Adopted July 21, 1980 to be effective September 8, 1980; paragraph (e) amended June 29, 1990 to be effective September 4, 1990; paragraph (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (d) amended June 28, 1996 to be effective September 1, 1996; introductory text and paragraphs (b), (d), and (f) amended July 28, 2004 to be effective September 1, 2004; caption, introductory text, paragraphs (a) and (g) caption and text, and paragraphs (b), (c), (d), (e), (f), and (h) amended July 19, 2012 to be effective September 4, 2012. Part 4
- 4:15-1-Serving Questions; Notice 4:15-1 After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon written questions. The attendance of witnesses may be compelled by the use of subpoena as provided in R. 4:14-7. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating: The name and address of the person who is to answer them, if known, and if the name is not known, a general description sufficient to identify that person or the particular class or group to which that person belongs; and The name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of R. 4:14-2(c). Within 30 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 10 days after being served with cross questions, a party may serve redirect questions upon all other parties. Within 10 days after being served with redirect questions, a party may serve recross questions upon all other parties. The court may for cause shown enlarge or shorten the time. , Note:, Source-R.R. 4:21-1. Former rule deleted and new R. 4:15-1 adopted July 14, 1972 to be effective September 5, 1972; paragraph (a) amended July 13, 1994 to be effective September 1, 1994. Part 4