- 4:4-8-Amendment 4:4-8 The person serving the process may file an additional or amended proof of service within the time provided by R. 4:4-7. The court may thereafter allow any process or proof of service thereof to be amended upon such terms as it deems appropriate unless such amendment would materially prejudice the rights of the party against whom process issued., Note:, Source-R.R. 4:4-8. Part 4
- 4:5A-3-Applicability [Deleted] 4:5A-3, Note:, Adopted July 5, 2000 to be effective September 5, 2000; rule deleted July 27, 2006 to be effective September 1, 2006. Part 4
- 4:10-2-Scope of Discovery; Treating Physician 4:10-2 Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:, In General., Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, electronically stored information, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence; nor is it ground for objection that the examining party has knowledge of the matters as to which discovery is sought. , Insurance Agreements., A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purposes of this paragraph, an application for insurance shall not be treated as part of an insurance agreement. , Trial Preparation; Materials., Subject to the provisions of R. 4:10-2(d), a party may obtain discovery of documents, electronically stored information, and tangible things otherwise discoverable under R. 4:10-2(a) and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including an attorney, consultant, surety, indemnitor, insurer or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation. A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person. If the request is refused, the person may move for a court order. The provisions of R. 4:23-1(c) apply to the award of expenses incurred in relation to the motion. For purposes of this paragraph, a statement previously made is (1) a written statement signed or otherwise adopted or approved by the person making it, or (2) a stenographic, mechanical, electronic, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. , Trial Preparation; Experts., Discovery of facts known and opinions held by experts, otherwise discoverable under the provisions of R. 4:10-2(a) and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows: A party may through interrogatories require any other party to disclose the names and addresses of each person whom the other party expects to call at trial as an expert witness, including a treating physician who is expected to testify and, whether or not expected to testify, of an expert who has conducted an examination pursuant to R. 4: 19-1 or to whom a party making a claim for personal injury has voluntarily submitted for examination without court order. The interrogatories may also require, as provided by R. 4: 1 7-4(a), the furnishing of a copy of that person's report. Discovery of communications between an attorney and any expert retained or specially employed by that attorney is limited to facts and data considered by the expert in rendering the report. Except as otherwise expressly provided by R. 4: 17-4(e), all other communications between counsel and the expert constituting the collaborative process in preparation of the report, including all preliminary or draft reports produced during this process, shall be deemed trial preparation materials discoverable only as provided in paragraph (c) of this rule. Unless the court otherwise orders, an expert whose report is required to be furnished pursuant to subparagraph (1) may be deposed as to the opinion stated therein at a time and place as provided by R. 4:14-7(b)(2). Unless otherwise ordered by the court, the party taking the deposition shall pay the expert or treating physician a reasonable fee for the appearance, to be determined by the court if the parties and the expert or treating physician cannot agree on the amount therefor. The fee for the witness’s preparation for the deposition shall, however, be paid by the proponent of the witness, unless otherwise ordered by the court. A party may discover facts known or opinions held by an expert ( other than an expert who has conducted an examination pursuant to R. 4: 19-1) who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial only upon a showing of exceptional circumstances under which it is impractical for the party seeking discovery to obtain facts or opinions on the same subject by other means. If the court permits such discovery, it shall require the payment of the expert's fee provided for by R. 4:10- 2(d)(2), and unless manifest injustice would result, the payment by the party seeking discovery to the other party of a fair portion of the fees and expenses which had been reasonably incurred by the party retaining the expert in obtaining facts and opinions from that expert. A party shall not seek a voluntary interview with another party's treating physician unless that party has authorized the physician, in the form set forth in Appendix XII-C, to disclose protected medical information. , Claims of Privilege or Protection of Trial Preparation Materials., , Information Withheld., When a party withholds information otherwise discoverable under these rules by claiming that it is privileged or subject to protection as trial preparation material, the party shall make the claim expressly and shall describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection. , Information Produced., If information is produced in discovery that is subject to a claim of privilege or of protection as trial preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable efforts to retrieve it. The producing party must preserve the information until the claim is resolved. , Electronic Information., , Metadata in Electronic Documents., A party may request metadata in electronic documents. When parties request metadata in discovery, they should consult and seek agreement regarding the scope of the request and the format of electronic documents to be produced. Absent an agreement between the parties, on a motion to compel discovery or for a protective order, the party from whom discovery is sought shall demonstrate that the request presents undue burden or costs. Judges should consider the limitations of R. 4:10-2(g) when reviewing such motions. , Claims that Electronically Stored Information is Not Reasonably Accessible., A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably accessible because of undue burden or cost. On a motion to compel discovery or for a protective order, the party from whom discovery is sought shall demonstrate that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court nevertheless may order discovery from such sources if the requesting party establishes good cause, considering the limitations of R. 4:10-2(g). The court may specify conditions for the discovery. , Limitation on Frequency of Discovery., The frequency or extent of use of the discovery methods otherwise permitted under these rules shall be limited by the court if it determines that: (1) the discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive; (2) the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or (3) the burden or expense of the proposed discovery outweighs its likely benefit, taking into account the needs of the case, the amount in controversy, the parties' resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues. The court may act pursuant to a motion or on its own initiative after reasonable notice to the parties. Official Comment Regarding Paragraph (f)(1) (August 1, 2016) “Metadata” is embedded information in electronic documents that is generally hidden from view in a printed copy of a document. It is generated when documents are created or revised on a computer. Metadata may reflect such information as the author of a document, the date or dates on which the document was revised, tracked revisions to the document, and comments inserted in the margins. It may also reflect information necessary to access, understand, search, and display the contents of documents created in spreadsheet, database, and similar applications. The amendment to this Rule regarding metadata in electronic documents does not affect the general rule that information protected by privilege is not subject to discovery., Note:, Source — R.R. 4:16-2, 4:23-1, 4:23-9, 5:5-1(f). Amended July 14, 1972 to be effective September 5, 1972 (paragraphs (d)(1) and (2) formerly in R. 4:17-1); paragraph (d)(2) amended July 14, 1992 to be effective September 1, 1992; paragraphs (c) and (d)(1) and (3) amended July 13, 1994 to be effective September 1, 1994; paragraph (d)(1) amended June 28, 1996 to be effective September 1, 1996; paragraph (e) adopted July 10, 1998 to be effective September 1, 1998; paragraph (d)(1) amended July 12, 2002 to be effective September 3, 2002; corrective amendments to paragraph (d)(1) adopted September 9, 2002 to be effective immediately; caption amended, paragraphs (a), (c), and (e) amended, and new paragraphs (d)(4), (f), and (g) adopted July 27, 2006 to be effective September 1, 2006; subparagraph (d)(1) amended July 19, 2012 to be effective September 4, 2012; new caption added to paragraph (f), caption and text of former subparagraph (f) redesignated as subparagraph (f)(2), new subparagraph (f)(1) and Official Comment adopted August 1, 2016 to be effective September 1, 2016; paragraph (d) amended July 15, 2024 to be effective September 1, 2024. Part 4
- 4:11-1-Before Action 4:11-1, Petition., A person who desires to perpetuate his or her own testimony or that of another person or preserve any evidence or to inspect documents or property or copy documents pursuant to R. 4:18-1 may file a verified petition, seeking an appropriate order, entitled in the petitioner's name, showing: (1) that the petitioner expects to be a party to an action cognizable in a court of this State but is presently unable to bring it or cause it to be brought; (2) the subject matter of such action and the petitioner's interest therein; (3) the facts which the petitioner desires to establish by the proposed testimony or evidence and the reasons for desiring to perpetuate or inspect it; (4) the names or a description of the persons the petitioner expects will be opposing parties and their addresses so far as known; (5) the names and addresses of the persons to be examined and the substance of the testimony which the petitioner expects to elicit from each; and (6) the names and addresses of the persons having control or custody of the documents or property to be inspected and a description thereof. The court may also grant a pre-complaint petition for depositions filed pursuant to this rule by a person asserting that due to extraordinary circumstances, which shall be explained in detail by affidavit, such depositions are necessary to enable compliance with N.J.S.A. 2A:53a27 to -29 (Affidavit of Merit Statute). , Notice and Service., At least 20 days before the date of hearing the petitioner shall serve upon each person named in the petition as an expected adverse party, in the manner provided by R. 4:4-4 and R. 4:4-5(a)(1), a notice, with a copy of the petition attached, stating the time and place of the application for the order described in the petition. If it appears to the court after diligent inquiry that such service cannot be made, the court may order service by publication or otherwise, and shall appoint an attorney to represent persons so served, who, if such persons are not otherwise represented, may cross-examine the deponent. Such attorney's compensation may be fixed by the court and charged to the petitioner. The provisions of R. 4:26-2 apply if any expected adverse party is a minor or incapacitated person. , Order and Examination., If the court finds that the perpetuation of the testimony or evidence or the inspection may prevent a failure or delay of justice, it shall make an order designating or describing the evidence to be preserved, or the documents or property to be inspected or the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions or inspection may then be taken in accordance with these rules; and the court may make such orders as are provided for by R. 4:18 and R. 4:19. , Use of Deposition., If a deposition to perpetuate testimony is taken under these rules or if, although not so taken, it would be admissible in evidence in the courts of the United States or of the state in which it is taken, it may, in accordance with the provisions of R. 4:16-1 and R. 4:16-2, be used in any action between the same parties or their privies involving the same subject matter, which is subsequently brought in any court of this State having cognizance thereof., Note:, Source-R.R. 4:17-1. Paragraphs (c) and (d) amended July 14, 1972 to be effective September 5, 1972; paragraphs (a) and (c) amended July 16, 1981 to be effective September 14, 1981; paragraphs (a) and (c) amended July 14, 1992 to be effective September 1, 1992; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 10, 1998 to be effective September 1, 1998; paragraph (b) amended July 12, 2002 to be effective September 3, 2002; paragraph (b) amended July 23, 2010 to be effective September 1, 2010; paragraph (b) amended August 5, 2022 to be effective September 1, 2022. Part 4
- 4:11-2-Pending Appeal 4:11-2 If an appeal has been taken from a trial court judgment or before the taking of such an appeal if the time therefor has not expired, the trial court, on motion, may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further trial court proceedings. The motion shall show the names and addresses of the persons to be examined, the substance of the testimony which is expected to be elicited from each, and the reasons for perpetuating their testimony. If the court finds that perpetuation of the testimony may prevent a failure or delay of justice, it may make an order allowing the depositions to be taken and may make such orders as are provided for by R. 4:18-1 and R. 4:19. Depositions so taken may be used in the same manner and under the same conditions as are prescribed in these rules for depositions taken in actions pending in the court., Note:, Source-R.R. 4:17-2. Amended July 7, 1971 to be effective September 13, 1971. Part 4
- 3:13-5-Discovery Fees 3:13-5, Standard Fees., The prosecutor may charge a fee for a copy or copies of discovery. The fee assessed for discovery embodied in the form of printed matter shall be $ 0.05 per letter size page or smaller, and $ 0.07 per legal size page or larger. From time to time, as necessary, these rates may be revised pursuant to a schedule promulgated by the Administrative Director of the Courts. If the prosecutor can demonstrate that the actual costs for copying discovery exceed the foregoing rates, the prosecutor shall be permitted to charge a reasonable amount equal to the actual costs of copying. The actual copying costs shall be the costs of materials and supplies used to copy the discovery, but shall not include the costs of labor or other overhead expenses associated with making the copies, except as provided for in paragraph (b) of this rule. Electronic records and non-printed materials shall be provided free of charge, but the prosecutor may charge for the actual costs of any needed supplies such as computer discs. , Special Service Charge for Printed Copies., Whenever the nature, format, manner of collation, or volume of discovery embodied in the form of printed matter to be copied is such that the discovery cannot be reproduced by ordinary document copying equipment in ordinary business size, or is such that it would involve an extraordinary expenditure of time and effort to copy, the prosecutor may charge, in addition to the actual copying costs, a special service charge that shall be reasonable and shall be based on the actual direct costs of providing the copy or copies. Pursuant to R. 3:10-1, defense counsel shall have the opportunity to review and object to the charge prior to it being incurred. , Special Service Charge for Electronic Records., If defense counsel requests an electronic record: (1) in a medium or format not routinely used by the prosecutor; (2) not routinely developed or maintained by the prosecutor; or (3) requiring a substantial amount of manipulation or programming of information technology, the prosecutor may charge, in addition to the actual cost of duplication, a special charge that shall be reasonable and shall be based on (1) the cost of any extensive use of information technology, or (2) the labor cost of personnel providing the service that is actually incurred by the prosecutor or attributable to the prosecutor for the programming, clerical, and supervisory assistance required, or (3) both. Pursuant to R. 3:10-1, defense counsel shall have the opportunity to review and object to the charge prior to it being incurred., Note:, Adopted December 4, 2012 to be effective January 1, 2013. Part 3
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- 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
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- 3:22-6-Indigents; Waiver of Fees; Assignment of Counsel, and Grant of Transcript; Assigned Counsel May Not Withdraw 3:22-6, Waiver of Fees; Assignment on First Petition., At the time of filing of a petition under this Rule, a defendant who wants to be represented by the Office of the Public Defender may annex thereto a sworn statement alleging indigency in the form prescribed by the Administrative Director of the Courts, which form shall be furnished to the defendant by the criminal division manager's office. The criminal division manager's office shall determine whether the defendant is indigent and screen the petition to determine whether the petition is cognizable under R. 3:22-2 and, if so, whether the requirements of R. 3:22-8 have been met. The Criminal Division Manager shall thereafter forthwith submit the same to the Criminal Presiding Judge who, if satisfied therefrom that the defendant is indigent shall order the criminal division manager's office to file the petition without payment of filing fees. At the same time, and without separate petition therefor, if the petition is the first one filed by the defendant attacking the conviction pursuant to this rule, the court shall as of course, unless defendant affirmatively states an intention to proceed pro se, by order assign the matter to the Office of the Public Defender if the defendant's conviction was for an indictable offense, or assign counsel in accordance with R. 3:4-2 if the defendant's conviction was for a non-indictable offense. All orders of assignment pursuant to this section shall contain the name of the judge to whom the case is assigned and shall set a place and date for a case management conference. If the petition is not cognizable under R. 3:22-2, or if the petition does not meet the requirements of R. 3:22-8, the court shall set forth the reasons that the petition is not cognizable under R. 3:22-2, or fails to meet the requirements of R. 3:22-8., Assignment of Counsel on Cause Shown., Upon any second or subsequent petition filed pursuant to this Rule attacking the same conviction, the matter shall be assigned to the Office of the Public Defender only upon application therefor and showing of good cause. For purposes of this section, good cause exists only when the court finds that a substantial issue of fact or law requires assignment of counsel and when a second or subsequent petition alleges on its face a basis to preclude dismissal under R. 3:22-4. , Transcript., After assignment of counsel, or if the indigent defendant proceeds without counsel, the court may grant an application for the transcript of testimony of any proceeding shown to be necessary in establishing the grounds of relief asserted. , Substitution; Withdrawal of Assigned Counsel., The court shall not substitute new assigned counsel at the request of defendant while assigned counsel is serving, except upon a showing of good cause and notice to the Office of the Public Defender. Assigned counsel may not seek to withdraw on the ground of lack of merit of the petition. Counsel should advance all of the legitimate arguments requested by the defendant that the record will support. If defendant insists upon the assertion of any grounds for relief that counsel deems to be without merit, counsel shall list such claims in the petition or amended petition or incorporate them by reference. Pro se briefs can also be submitted., Note:, Source -- R.R. 3:10A-6(a) (b) (c) (d). Paragraph (b) amended July 14, 1972 to be effective September 5, 1972; paragraphs (a) and (d) amended July 13, 1994 to be effective January 1, 1995; paragraphs (a), (b), (c) and (d) amended July 16, 2009 to be effective September 1, 2009. Part 3
- 3:24-Appeals From Orders In Courts Of Limited Criminal Jurisdiction 3:24 Either the prosecuting attorney or the defendant may seek leave to appeal to the Superior Court, Law Division from an interlocutory order entered before trial by a court of limited criminal jurisdiction. The prosecuting attorney may appeal, as of right, a pre-trial or post-trial judgment dismissing a complaint and, notwithstanding the provisions of paragraph (a), an order suppressing evidence entered in a court of limited criminal jurisdiction. Appeals pursuant to this rule shall be taken within 20 days after the entry of such order by filing with the Superior Court, Law Division in the county of venue a notice of motion for leave to appeal under paragraph (a) or the notice of appeal under paragraph (b), except that an appeal from the grant of a motion to suppress shall be taken within 30 days after the entry of the order. A copy of the notice shall be filed with the clerk of the court below, and a copy thereof shall be served on the prosecuting attorney as defined by R. 3:23-9 or on the defendant or defendant's attorney, as appropriate, at least 10 days prior to the return date fixed therein. The original filed with the court and the copy served shall have annexed thereto copies of all papers of record and any affidavits essential to the determination of the motion and shall be accompanied by a brief. The respondent shall file and serve any answering brief and other papers in opposition at least 3 days before the hearing. With respect to interlocutory applications, the court may grant or deny leave to appeal on terms and may elect simultaneously to grant the motion and decide the appeal on the merits on the papers before it, or it may direct the filing of additional briefs or make such other order as it deems appropriate for the expeditious disposition of the matter. A copy of any order or judgment entered by it shall be promptly transmitted to the clerk of the court below. On appeal by the State from the grant of a motion to suppress the matter shall be tried de novo on the record. In cases in which the Attorney General or county prosecutor did not appear in the municipal court, the State shall be permitted to supplement the record and to present any evidence or testimony concerning the legality of the contested search and seizure. The defendant shall be permitted to offer related evidence in opposition to the supplementary evidence offered by the State. , Note:, Adopted February 25, 1969 to be effective September 8, 1969. Caption amended, paragraph designation added, former rule amended and designated as paragraphs (a) and (c), and new paragraph (b) adopted July 16, 1979 to be effective September 10, 1979; paragraphs (b) and (c) amended, paragraph (d) added June 9, 1989 to be effective June 19, 1989; paragraph (c) amended July 10, 1998 to be effective September 1, 1998. Part 3
- 3:23-9-Prosecuting Attorney Defined 3:23-9 In all appeals under R. 3:23 the prosecuting attorney shall be: The Attorney General, where required by law. The municipal attorney, in a case involving a violation of a municipal ordinance. The county prosecutor, in all other cases. With the assent of the prosecuting attorney and the consent of the court, the attorney for a complaining witness or other person interested in the prosecution may be permitted to act for the prosecuting attorney; provided, however; that the court has first reviewed the attorney certification submitted on a form prescribed by the Administrative Director of the Courts, ruled on the contents of the certification, and granted the attorney's motion to act as private prosecutor for good cause shown. The finding of good cause shall be made on the record., Note:, Source--R.R. 3:10-13. Paragraph (b) amended September 5, 1969 to be effective September 8, 1969; paragraph (d) amended November 22, 1978 to be effective December 7, 1978; paragraph (d) amended July 11, 1979 to be effective September 10, 1979; amended July 28, 2004 to be effective September 1, 2004. Part 3
- 3:23-6-Transmittal of Recognizance or Cash Deposit 3:23-6 The judge or clerk of the court below shall transmit to the finance division manager's office any recognizance taken in accordance herewith or cash deposited in lieu of such recognizance., Note:, Source--R.R. 3:10-7. Amended July 13, 1994 to be effective September 1, 1994; amended July 5, 2000 to be effective September 5, 2000; corrective amendment adopted October 10, 2000 to be effective immediately. Part 3
- Middlesex County Petit Jurors scheduled to report the week of September 29, 2025. , Please read the entire message carefully., Confirmed, Petit Jurors, who submitted their questionnaires will be selected to report in-person starting, September 29, 2025. , Reporting information has been emailed to jurors who confirmed their service. Please refer to your summons for your 5-digit Juror Order Number. Jurors must report on their scheduled date according to their Juror Order Number:, Petit Jurors Confirmed [who completed their questionnaire] For:, September 29: ORDER #00002 - 00558, September 30: ORDER #00563 - 01355, October 1: ORDER #01357 - 02091, October 2: ORDER #02097 - 02552, Petit jurors with Juror Order No:02553 and higher, your service is complete as informed via email., Please bring your jury notice with you when reporting to the courthouse. , Please check your SPAM folder if you have not received it one day prior to reporting. , Please read the entire message carefully. If you did not complete or confirm your jury service, you will not receive an email and will need to contact the jury office at midjury.mailbox@njcourts.gov to reschedule. , Jurors will not be able to confirm their service starting the Friday-Sunday before the date listed on your summons. Also, you will not be able to confirm your service the day of your service and will need to contact the jury management office by email at midjury.mailbox@njcourts.gov to reschedule. You will be contacted within 3-5 business days with a new date. , Answers to frequently asked questions about jury service in New Jersey can be found at https://www.njcourts.gov/jurors/faq, https://www.njcourts.gov/jurors/faq, *Please do not report for jury service if you are sick or not feeling well. Please call jury management to reschedule. Thank you. IN THE EVENT OF INCLEMENT WEATHER: ALL JURORS, SHOULD CHECK THEIR EMAIL OR THE LINK BELOW IN THE MORNING FOR UP-TO-DATE REPORTING MESSAGES YOU MAY ALSO VISIT THE STATE COURT CLOSING INFORMATION PAGE PRIOR TO REPORTING TO THE COURTHOUSE BY VISITING https://www.njcourts.gov/public/news-media/court-closings https://www.njcourts.gov/public/news-media/court-closings Thank you for your willingness to serve as a juror and for helping the Judiciary continue to provide this vital function of our justice system. If you have any questions regarding the information provided, please email mailto:midjury.mailbox@njcourts.gov Midjury.mailbox@njcourts.gov for further assistance., Important message regarding potential jury scams: , The New Jersey Judiciary does not and has never asked for juror’s banking information or social security numbers over the phone, by email, or in person. Court officials will never ask for payment to avoid arrest for failure to report for jury duty. Anyone who has concerns about being approached inappropriately concerning jury duty should contact the county jury manager as well as local law enforcement., Message from Assignment Judge Michael A. Toto, Welcome to jury service. Jurors are an essential and indispensable part of our justice system. In our country, the jury system is a constitutional mandate, which, as part of our Bill of Rights, protects the rights of both civil litigants and criminal defendants. Thank you for serving., Health and Safety, If you feel sick, do not report to the courthouse. Instead, contact your local jury management office contact your local jury management office to reschedule your service., Voluntary Demographic Information, The juror questionnaire includes three voluntary demographic questions. This information contact your local jury management office helps the Judiciary understand the diversity and representativeness of jury pools. Your responses to these questions are optional and will not affect your selection. , Americans With Disabilities Act (ADA) Policy, Advise the Jury Management Office if you require an accommodation in order to serve. You can reach the Jury Management Office by phone at 732-645-4300 ext. 88630 or by email at Midjury.Mailbox@njcourts.gov ., Juror Parking Directions, Middlesex County Courthouse 56 Paterson Street New Brunswick, New Jersey 08903-0964 732-645-4300 Middlesex County Family Courthouse 120 New Street New Brunswick, New Jersey 08903 732-645-4300 Directions to parking decks nearest the Middlesex County Courthouse and the Middlesex County Family Courthouse As a courtesy to jurors, we offer free parking; however only if you park either at the Wellness Plaza Garage Directions Wellness Center Deck, located on 95 Paterson Street (level 5 and above) down the block from the Middlesex County Courthouse (Criminal and Civil courts). The New Street Deck New Street Deck is located on 120 New Street is next to the Family Courthouse. If you are coming for jury duty, you are permitted to park at no cost in either of the two noted decks, however, be sure to bring the parking deck ticket with you to the Jury Office so it may be validated. Also, please note that , all, jurors report to the Main Courthouse located on Paterson Street, the entrance for jurors is on the Bayard Street side of the Courthouse across the street from the New Brunswick City Hall. Oversized vehicles may park at the Paterson Street Parking Deck Paterson Street Parking Deck . The Paterson Street Deck should be used for over-sized vehicles, however, please check to be sure your particular vehicle will fit. Walking directions – From the Wellness Plaza Deck: Take the elevator to the first/ground floor. As you exit the building (Fresh Grocer is on ground level), you will be on Kirkpatrick Street. If you are appearing for jury duty, proceed two (2) blocks to Bayard Street. Make a left onto Bayard Street and proceed a half block to the juror entrance to the Courthouse (located across the street from the New Brunswick City Hall). Please bring your parking ticket into the jury office for validation. Please note that we are not responsible for any costs that jurors incur from parking illegally or in an unauthorized garage. The Ferren Deck is closed., Dress Code, Jurors reporting for service should wear clothing appropriate for an appearance in court. Shorts, t-shirts, uniforms or clothing containing statements or offensive symbols are not permitted. All hats must be removed when in a courtroom. Comfortable clothing is also advisable., Courtroom Regulations, Cell phones, pagers and electronic devices must be turned off in the courtroom. You are not permitted to read newspapers or other materials in the courtroom. You are not permitted to bring food or beverages into the courtroom., If You Are Selected As A Juror, The trial judge will instruct you regarding the trial schedule, reporting times, any recesses, lunch arrangements, etc. The judge's instructions will take precedence over any general instructions given in the assembly area. You must wear your juror badge at all times, including during lunch., Other Factors Relating To Your Juror Service, The daily fee for petit jurors is $5 for the first 3 days and $40 for each day after 3 days. The daily fee for grand jurors is $5 for each day of service. Checks are processed on Friday. Your juror check will generally be received within 3 weeks. Check with your employer or your union representative, or read your employee handbook if you have questions about whether you will be compensated by your employer while serving as a juror., Employment Protection, Be aware that N.J.S.A. 2B:20-17 protects jurors from employment related retaliation and provides for the possibility of both criminal and civil sanctions., Term of Service, Petite jurors are required to serve for one day or one trial. If you are selected to serve on a trial, you must remain for the duration of jury selection and the trial. Once your service is completed, you will not be eligible to be selected again for three years., Smoking Policy, The courthouse is a non-smoking facility. If you leave the courthouse to smoke, you must inform jury staff so that we are aware of your location at all times., Failure to Report, Individuals who fail to respond to a jury summons or fail to report when summoned may be subject to penalties including fines. If you have forgotten to appear as scheduled for jury service, please contact the Jury Management Office immediately at 732-645-4300 ext. 88630 .
- 3:23-7-Dismissal of Appeal 3:23-7 If the appeal shall be dismissed for failure to comply with the requirements of R. 3:23-2 or 3:23-8(a) or (b) or for failure to prosecute, the matter and the record therein shall forthwith be remanded to the court from which the appeal was taken for execution of the judgment therein., Note:, Source--R.R. 3:10-9. Part 3
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- SUPREME COURT OF NEW JERSEY, It is ORDERED, pursuant to N.J.S.A. 43:6A-13, that, Superior Court Judge Walter Koprowski, Jr., , retired on pension and having given consent, is hereby continued on recall by the Supreme Court, for temporary service within the judicial system other than the Supreme Court, for two years effective November 4, 2025 through November 3, 2027 or until further order; and It is FURTHER ORDERED that during this two-year recall continuation, Judge Koprowski will remain temporarily assigned to the General Equity Division of Superior Court in Essex County (Vicinage 5). Document Date: Sept. 25, 2025 Publish Date: Sept. 29, 2025 Download Notice
- File Order – Retired Superior Court Judge Walter Koprowski, Jr. Continued on Judicial Recall Assigned to Essex General Equity
- 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
- 3:28-5-Admission into Pretrial Intervention 3:28-5, Judicial Determination., A Superior Court Judge shall act on all matters pertaining to pretrial intervention programs in the vicinage in accordance with N.J.S.A. 2C:43-12 and -13. , Enrollment in Pretrial Intervention., , In General., Except as set forth in paragraph (b)(2), enrollment in pretrial intervention programs shall not be conditioned upon either informal admission or entry of a plea of guilty. Enrollment of defendants who maintain their innocence is to be permitted unless the defendant's attitude would render pretrial intervention ineffective. , Guilty Plea Required., To be admitted into Pretrial Intervention, a guilty plea must be entered for a defendant who is charged with: (i) a first or second degree crime; (ii) any crime if the defendant had previously been convicted of a first or second degree crime; (iii) a third or fourth degree crime involving domestic violence, as defined in N.J.S.A.2C:25-19; or (iv) any disorderly persons or petty disorderly persons offense involving domestic violence, as defined in N.J.S.A. 2C:25-19 if the defendant committed the offense while subject to a temporary or permanent restraining order issued pursuant to the provisions of the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq. , Postponement., A Superior Court 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. , Restitution; Community Service., A restitution or community service requirement, or both, may be included as part of an individual’s service plan when such a requirement promises to aid the rehabilitation of the offender. Any such requirement and its terms shall be judicially determined at the time of enrollment following recommendation by the criminal division manager and consent by the prosecutor. Evidence of the restitution condition is not admissible against defendant in any subsequent civil or criminal proceeding. Admission to the program shall not be denied solely on the basis of anticipated inability to meet a restitution requirement., Note:, Adopted September 15, 2017 to be effective July 1, 2018. Part 3