New Jersey Rules Of Court

3:2-Contents of Complaints, Arrest Warrant and Summons
- 3:2-1-Contents of Complaint; Citizen Complaints for Indictable Offenses; Forwarding of Indictable Complaints to Prosecutor and Criminal Division Manager; Forwarding of Investigative Reports to Prosecutor
- You can read more of the Municipal Courts procedure that the Administrative Judge Law/Municipal Judge Law who is an Administrative Judge.
- 3:2-2-Summons
  A summons shall be made on a Complaint-Summons (CDR-1) form, a Uniform Traffic Ticket, a Special Form of Complaint and Summons, or such other form as may be approved by the Administrative Director of the Courts. The summons shall be directed to the person named in the complaint, requiring that person to appear before the court in which the complaint is made at a stated time and place, and shall indicate that there will be consequences for failure to appear at the scheduled first appearance. If the individual fails to appear at that first appearance, a notice shall issue advising the individual of the rescheduled first appearance and that a failure to appear at that rescheduled first appearance will result in the issuance of a bench warrant. The summons shall be signed by the judicial or law enforcement officer issuing it. An electronic entry of the signature of the law enforcement officer shall be equivalent to and have the same force and effect as an original signature.
  Note: Adopted July 13, 1994 to be effective January 1, 1995; amended July 27, 2006 to be effective September 1, 2006; amended August 30, 2016 to be effective January 1, 2017.
- 3:2-3-Arrest Warrant
  Issuance of an Arrest Warrant When Law Enforcement Applicant is Physically Before the Judicial Officer. An arrest warrant for an initial charge shall be made on a Complaint-Warrant (CDR-2) form. The warrant shall contain the defendant's name or if that is unknown, any name or description that identifies the defendant with reasonable certainty, and shall be directed to any officer authorized to execute it, ordering that the defendant be arrested and remanded to the county jail pending a determination of conditions of pretrial release. The warrant shall be signed by a judicial officer, which for these purposes shall be defined as the judge, clerk, deputy clerk, authorized municipal court administrator, or authorized deputy municipal court administrator.
  
  Issuance of and Procedures for an Arrest Warrant When Law Enforcement Applicant is Not Physically Before the Judicial Officer. A judicial officer may issue an arrest warrant on sworn oral testimony of a law enforcement applicant who is not physically present. Such sworn oral testimony may be communicated by the applicant to the judicial officer by telephone, radio or other means of electronic communication.
  The judicial officer shall administer the oath to the applicant. Subsequent to taking the oath, the applicant must identify himself or herself, and read verbatim the Complaint-Warrant (CDR-2) and any supplemental affidavit that establishes probable cause for the issuance of an arrest warrant. If the facts necessary to establish probable cause are contained entirely on the Complaint-Warrant (CDR-2) and/or supplemental affidavit, the judicial officer need not make a contemporaneous written or electronic recordation of the facts in support of probable cause. If the law enforcement officer provides additional sworn oral testimony in support of probable cause, the judicial officer shall contemporaneously record such sworn oral testimony by means of a recording device, if available; otherwise, adequate notes summarizing the contents of the law enforcement applicant's testimony shall be made by the judicial officer. This sworn testimony shall be deemed to be an affidavit, or a supplemental affidavit, for the purposes of issuance of an arrest warrant.
  An arrest warrant may issue if the judicial officer is satisfied that probable cause exists for issuing the warrant. On approval, the judicial officer shall memorialize the date, time, defendant's name, complaint number, the basis for the probable cause determination and any other specific terms of the authorization. That memorialization shall be either by means of a recording device, or by adequate notes.
  If the judicial officer has determined that a warrant shall issue and has the ability to promptly access the Judiciary’s computer system, the judicial officer shall electronically issue the Complaint-Warrant (CDR-2) in the computer system.
  If the judicial officer has determined that a warrant shall issue and does not have the ability to promptly access the Judiciary’s computer system, the judicial officer shall direct the applicant, pursuant to procedures prescribed by the Administrative Director of the Courts, to enter into the Judiciary computer system, for inclusion on the electronic complaint, the date and time of the probable cause and warrant determinations. The judicial officer shall also direct the applicant to complete the required certification and activate the complaint.
  The court shall verify, as soon as practicable, any warrant authorized under this subsection and activated by law enforcement. Remand to the county jail and a pretrial release decision are not contingent upon completion of this verification
  Procedures authorizing issuance of restraining orders pursuant to N.J.S.A. 2C:35-5.7 ("Drug Offender Restraining Order Act of 1999") and N.J.S.A. 2C:14-12 ("Nicole's Law") by electronic communication are governed by R. 3:26-1(e).
  Note: Adopted July 13, 1994 to be effective January 1, 1995; original text of rule amended and designated as paragraph (a) and new paragraph (b) added July 28, 2004 to be effective September 1, 2004; paragraph (b) amended July 9, 2013 to be effective September 1, 2013; paragraphs (a) and (b) captions added and text amended August 30, 2016 to be effective January 1, 2017.
3:3-Summons or Warrant Upon Complaint
- 3:3-1-Issuance of a Complaint-Warrant (CDR-2) or a Complaint-Summons (CDR-1)
  Issuance of a Complaint-Warrant (CDR-2). Except for citizen complaints for indictable offenses, which must be issued by a judge pursuant to R. 3:2-1(a)(2), an arrest warrant may be issued on a complaint only if:
  
  a judicial officer finds from the complaint or an accompanying affidavit or deposition, that there is probable cause to believe that an offense was committed and that the defendant committed it and notes that finding on the warrant; and
  
  a judicial officer finds that paragraphs (d), (e), or (f) of this rule allow a warrant rather than a summons to be issued.
  
  Issuance of a Complaint-Summons (CDR-1). Except for citizen complaints for indictable offenses, which must be issued by a judge pursuant to R. 3:2-1(a)(2), a summons may be issued on a complaint only if:
  
  a judicial officer finds from the complaint or an accompanying affidavit or deposition, that there is probable cause to believe that an offense was committed and that the defendant committed it and notes that finding on the summons; or
  
  the law enforcement officer who made the complaint, issues the summons.
  
  Offenses Where Issuance of a Complaint-Summons (CDR-1) is Presumed. Unless issuance of a complaint-warrant is authorized pursuant to paragraph (d) of this rule, a complaint-summons rather than a complaint-warrant shall be issued when a defendant is charged with an offense other than one set forth in paragraphs (e) or (f) of this rule.
  
  Grounds for Overcoming the Presumption of Issuance of a Complaint-Summons (CDR-1). Notwithstanding the presumption that a complaint-summons shall be issued when a defendant is charged with an offense other than one set forth in paragraphs (e) or (f) of this rule, when a law enforcement officer prepares a complaint-warrant rather than a complaint-summons in accordance with guidelines issued by the Attorney General pursuant to N.J.S.A. 2A:162-16, the judicial officer may issue a complaint-warrant when the judicial officer finds pursuant to paragraph (a) of this rule that there is probable cause to believe that the defendant committed the offense, and has reason to believe, based on one or more of the following factors, that a complaint-warrant is needed to reasonably assure a defendant’s appearance in court when required, to protect the safety of any other person or the community, or to assure that the defendant will not obstruct or attempt to obstruct the criminal justice process:
  the defendant has been served with a summons for any prior indictable offense and has failed to appear;
  
  there is reason to believe that the defendant is dangerous to self, or will pose a danger to the safety of any other person or the community if released on a summons;
  
  there are one or more outstanding warrants for the defendant;
  
  the defendant’s identity or address is not known and a warrant is necessary to subject the defendant to the jurisdiction of the court;
  
  there is reason to believe that the defendant will obstruct or attempt to obstruct the criminal justice process if released on a summons;
  
  there is reason to believe that the defendant will not appear in response to a summons; or
  
  there is reason to believe that the monitoring of pretrial release conditions by the pretrial services program established pursuant to N.J.S.A. 2A:162- 25 is necessary to protect any victim, witness, other specified person, or the community.
  
  When the application for a complaint-warrant is based on reason to believe that the defendant will not appear in response to a summons, will pose a danger to the safety of any other person or the community, or will obstruct or attempt to obstruct the criminal justice process if released on a summons, the judicial officer shall consider the results of any available preliminary public safety assessment using a risk assessment instrument approved by the Administrative Director of the Courts pursuant to N.J.S.A. 2A:162-25, and shall also consider, when such information is available, whether within the preceding ten years the defendant as a juvenile was adjudicated delinquent for escape, a crime involving a firearm, or a crime that if committed by an adult would be subject to the No Early Release Act (N.J.S.A. 2C:43-7.2), or an attempt to commit any of the foregoing offenses. The judicial officer shall also consider any additional relevant information provided by the law enforcement officer or prosecutor applying for the complaint-warrant.
  Offenses Where Issuance of a Complaint-Warrant (CDR-2) Is Required. A complaint-warrant shall be issued when a judicial officer finds pursuant to R. 3:3-1(a) that there is probable cause to believe that the defendant committed murder, aggravated manslaughter, manslaughter, aggravated sexual assault, sexual assault, robbery, carjacking, home invasion burglary, or escape, or attempted to commit any of the foregoing crimes, or where the defendant has been extradited from another state for the current charge.
  
  Offenses Where Issuance of a Complaint-Warrant (CDR-2) is Presumed. Unless issuance of a complaint-summons rather than a complaint-warrant is authorized pursuant to paragraph (g) of this rule, a complaint-warrant shall be issued when a judicial officer finds pursuant to paragraph (a) of this rule that there is probable cause to believe that the defendant committed theft of a motor vehicle (N.J.S.A. 2C:20-10.1), receiving a stolen motor vehicle (N.J.S.A. 2C:20-10.2), contempt (N.J.S.A. 2C:29-9(a)) involving a violation of a condition of pretrial release to avoid contact with an alleged victim or a violation of a condition of home detention with or without the use of an approved electronic monitoring device ordered pursuant to N.J.S.A. 2A:162-17, a violation of Chapter 35 of Title 2C that constitutes a first or second degree crime, a crime involving the possession or use of a firearm, or the following first or second degree crimes subject to the No Early Release Act (N.J.S.A. 2C:43-7.2), vehicular homicide (N.J.S.A. 2C:11-5), aggravated assault (N.J.S.A. 2C:12-1(b), disarming a law enforcement officer (N.J.S.A. 2C:12-11), kidnapping (N.J.S.A. 2C:13-1), aggravated arson (N.J.S.A. 2C: 17-1(a)(1)), residential burglary (N.J.S.A. 2C:18-2.2), burglary (N.J.S.A. 2C:18-2), extortion (N.J.S.A. 2C:20-5), booby traps in manufacturing or distribution facilities (N.J.S.A. 2C:35-4.1(b)), strict liability for drug induced deaths (N.J.S.A. 2C:35-9), terrorism (N.J.S.A. 2C:38-2), producing or possessing chemical weapons, biological agents or nuclear or radiological devices (N.J.S.A. 2C:38-3), racketeering (N.J.S.A. 2C:41-2), firearms trafficking (N.J.S.A. 2C:39-9(i)), causing or permitting a child to engage in a prohibited sexual act knowing that the act may be reproduced or reconstructed in any manner, or be part of an exhibition or performance (N.J.S.A. 2C:24-4(b)(3)) or finds that there is probable cause to believe that the defendant attempted to commit any of the foregoing crimes.
  
  Grounds for Overcoming the Presumption of Issuance of a Complaint-Warrant (CDR-2). Notwithstanding the presumption that a complaint-warrant shall be issued when a defendant is charged with an offense set forth in paragraph (f) of this rule: (1) a judicial officer may authorize issuance of a complaint-summons rather than a complaint-warrant if the judicial officer finds that were the defendant to be released without imposing or monitoring any conditions authorized under N.J.S.A. 2A:162-17, there are reasonable assurances that the defendant will appear in court when required, the safety of any other person or the community will be protected, and the defendant will not obstruct or attempt to obstruct the criminal justice process. The judicial officer shall not make such finding without considering the results of a preliminary public safety assessment using a risk assessment instrument approved by the Administrative Director of the Courts pursuant to N.J.S.A. 2A:162-25, and without also considering whether within the preceding ten years the defendant as a juvenile was adjudicated delinquent for escape, a crime involving a firearm, or a crime that if committed by an adult would be subject to the No Early Release Act (N.J.S.A. 2C:43-7.2), or an attempt to commit any of the foregoing offenses. The judicial officer shall also consider any additional information provided by a law enforcement officer or the prosecutor relevant to the pretrial release decision; or (2) a law enforcement officer may issue a summons in accordance with guidelines issued by the Attorney General pursuant to N.J.S.A. 2A:162-16.
  
  Finding of No Probable Cause. If a judicial officer finds that there is no probable cause to believe that an offense was committed or that the defendant committed it, the officer shall not issue a warrant or summons on the complaint. If the finding is made by an officer other than a judge, the finding shall be reviewed by a judge. If the judge finds no probable cause, the judge shall not issue the complaint.
  
  Additional Warrants or Summonses. More than one warrant or summons may issue on the same complaint.
  
  Process Against Corporations. A complaint-summons (CDR-1) rather than a complaint-warrant (CDR-2) shall issue if the defendant is a corporation. If a corporation fails to appear in response to a summons, the court shall proceed as if the corporation appeared and entered a plea of not guilty.
  Note: Source-R.R. 3:2-2(a)(1)(2)(3) and (4); paragraph (a); amended, new paragraph (b) adopted and former paragraphs (b) and (c) redesignated as (c) and (d) respectively July 21, 1980 to be effective September 8, 1980; paragraph (b); amended and paragraph (e) adopted July 16, 1981 to be effective September 14, 1981; paragraph (b); amended July 22, 1983 to be effective September 12, 1983; caption and paragraph (a); amended and paragraph (f) adopted July 26, 1984 to be effective September 10, 1984; paragraph (b); amended January 5, 1988 to be effective February 1, 1988; captions and text; amended to paragraphs (a), (b), (c), (e) and (f), paragraph (g) adopted July 13, 1994, text of paragraph (a); amended December 9, 1994, to be effective January 1, 1995; paragraphs (a), (c), (e), (f), and (g) deleted, paragraph (b); amended and redesignated as paragraph (c), paragraph (d); amended and redesignated as paragraph (e), new paragraphs (a), (b), (d), and (f) adopted July 5, 2000 to be effective September 5, 2000; paragraph (a) caption and text; amended, paragraph (b); amended, former paragraph (c) deleted, new paragraphs (c), (d), (e), (f), and (g) adopted, and former paragraphs (d), (e) and (f) redesignated as (h), (i) and (j) August 30, 2016 to be effective January 1, 2017; caption; amended, paragraphs (a), (b), (c), (d), (e), (f), and (g) caption and text; amended, and paragraphs (h) and (j); amended August 2, 2019 to be effective October 1, 2019; effective date of the August 2, 2019 amendments changed to January 1, 2020 by order dated September 25, 2019; paragraphs (e) and (f) amended July 31, 2025 to be effective September 1, 2025.
- 3:3-2-(Reserved)
- 3:3-3-Execution or Service; Return
  By Whom. The warrant shall be executed and the summons served by any officer authorized by law.
  
  Territorial Limits. The warrant may be executed and the summons served at any place within this State. An officer arresting a defendant in a county other than the one in which the warrant was issued shall take the defendant, without unnecessary delay, before the nearest available committing judge authorized to set conditions of pretrial release in accordance with R. 3:26-2. Nothing in this rule shall affect the provisions of N.J.S. 2A:156-1 to 2A:156-4 (Uniform Act on Intrastate Fresh Pursuit).
  
  Execution of Warrant. The warrant shall be executed by the arrest of the defendant. The warrant need not be in the possession of the officer at the time of the arrest, but upon request, the officer shall show the warrant to the defendant as soon as possible. If the warrant is not in the possession of the officer at the time of the arrest, the officer shall inform the defendant of the offense charged and of the fact that a warrant has been issued.
  
  Service of Summons. The summons shall be served in accordance with R. 4:4-4.
  
  Return. The officer executing a warrant shall make prompt return thereof to the court which issued the warrant. The officer serving a summons shall make return thereof to the court before whom the summons is returnable on or before the return day.
  Note: Source -- R.R. 3:2-2(c); paragraphs (b) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended August 30, 2016 to be effective January 1, 2017.
- 3:3-4-Defective Warrant or Summons
  Amendment. No person arrested under a warrant or appearing in response to a summons shall be discharged from custody or dismissed because of any technical insufficiency or irregularity in the warrant or summons, but the warrant or summons may be amended to remedy any such technical defect.
  
  Issuance of New Warrant or Summons. If prior to or during the hearing as to probable cause, it appears that the warrant executed or summons issued does not properly name or describe the defendant, or the offense with which the defendant is charged, or that although not guilty of the offense specified in the warrant or summons there is reasonable ground to believe that the defendant is guilty of some other offense, the court shall not discharge or dismiss the defendant but shall forthwith cause a new complaint to be filed and thereupon issue a new warrant or summons.
  Note: Source -- R.R. 3:2-2(d); paragraph (b) amended July 13, 1994 to be effective September 1, 1994.

7:2-Process

7:2-1-Contents of Complaint, Complaint-Warrant (CDR-2) and Summons
1. Complaint: General. The complaint shall be a written statement of the essential facts constituting the offense charged made on a form approved by the Administrative Director of the Courts. Except as otherwise provided by paragraphs (f) (Traffic Offenses), (g) (Special Form of Complaint and Summons), and (h) (Use of Special Form of Complaint and Summons in Penalty Enforcement Proceedings), the complaining witness shall attest to the facts contained in the complaint by signing a certification or signing an oath before a judge or other person so authorized by N.J.S.A. 2B:12-21.
  If the complaining witness is a law enforcement officer, the complaint may be signed by an electronic entry secured by a Personal Identification Number (hereinafter referred to as an electronic signature) on the certification, which shall be equivalent to and have the same force and effect as an original signature.
2. Acceptance of Complaint. The municipal court administrator or deputy court administrator shall accept for filing every complaint made by any person. Acceptance of the complaint does not mean that a finding of probable cause has been made in accordance with R. 7:2-2 or that the Complaint-Warrant (CDR-2) or summons has been issued.
3. Summons: General. The summons shall be on a Complaint-Summons form (CDR-1) or other form prescribed by the Administrative Director of the Courts and shall be signed by the officer issuing it. An electronic signature of any law enforcement officer or any other person authorized by law to issue a Complaint-Summons shall be equivalent to and have the same force and effect as an original signature. The summons shall be directed to the defendant named in the complaint, shall require defendant's appearance at a stated time and place before the court in which the complaint is made, and shall inform defendant that an arrest a bench warrant may be issued for a failure to appear.
4. Complaint-Warrant (CDR-2).
  
  Complaint-Warrant (CDR-2): General. The arrest warrant for an initial charge shall be made on a Complaint-Warrant (CDR-2) or other form prescribed by the Administrative Director of the Courts and shall be signed by a judicial officer after a determination of probable cause that an offense was committed and that the defendant committed it. A judicial officer, for purposes of the Part VII rules, is defined as a judge, authorized municipal court administrator or deputy court administrator. An electronic signature by the judicial officer shall be equivalent to and have the same force and effect as an original signature. The warrant shall contain the defendant's name or, if unknown, any name or description that identifies the defendant with reasonable certainty. It shall be directed to any officer authorized to execute it.
  
  Complaint-Warrant (CDR-2) - Disorderly Persons Offenses. When a Complaint-Warrant (CDR-2) is issued and the most serious charge is a disorderly persons offense, the court shall order that the defendant be arrested and remanded to the county jail pending a determination of conditions of pretrial release. Complaints in which the most serious charge is an indictable offense are governed by R. 3:2-1.
  
  Complaint-Warrant (CDR-2) - Petty Disorderly Persons Offense or Any Other Matter Within the Jurisdiction of the Municipal Court. When a Complaint-Warrant (CDR-2) is issued and the most serious charge is a petty disorderly persons offense or any other matter within the jurisdiction of the Municipal Court, as set forth in N.J.S.A. 2B:12-17 and R.7:1, the court shall order that the defendant be arrested and brought before the court issuing the warrant. The judicial officer issuing a warrant may specify therein the amount and conditions of bail or release on personal recognizance, consistent with R.7:4, required for defendant's release.
5. Issuance of a Complaint-Warrant (CDR-2) When Law Enforcement Applicant is Not Physically Before a Judicial Officer. A judicial officer may issue a Complaint-Warrant (CDR-2) upon sworn oral testimony of a law enforcement applicant who is not physically present. Such sworn oral testimony may be communicated by the applicant to the judicial officer by telephone, radio, or other means of electronic communication.
  The judicial officer shall administer the oath to the applicant. After taking the oath, the applicant must identify himself or herself and read verbatim the Complaint-Warrant (CDR-2) and any supplemental affidavit that establishes probable cause for the issuance of a Complaint-Warrant (CDR-2). If the facts necessary to establish probable cause are contained entirely on the Complaint-Warrant (CDR-2) and/or supplemental affidavit, the judicial officer need not make a contemporaneous written or electronic recordation of the facts in support of probable cause. If the law enforcement applicant provides additional sworn oral testimony in support of probable cause, the judicial officer shall contemporaneously record such sworn oral testimony by means of a recording device if available; otherwise, adequate notes summarizing the contents of the law enforcement applicant's testimony shall be made by the judicial officer. This sworn testimony shall be deemed to be an affidavit or a supplemental affidavit for the purposes of issuance of a Complaint-Warrant (CDR-2).
  A Complaint-Warrant (CDR-2) may issue if the judicial officer finds that probable cause exists and that there is also justification for the issuance of a Complaint-Warrant (CDR-2) pursuant to the factors identified in Rule 7:2-2(c). If a judicial officer does not find justification for a warrant under Rule 7:2-2(c), the judicial officer shall issue a summons.
  If the judicial officer has determined that a warrant shall issue and has the ability to promptly access the Judiciary’s computerized system used to generate complaints, the judicial officer shall electronically issue the Complaint-Warrant (CDR-2) in that computer system. If the judicial officer has determined that a warrant shall issue and does not have the ability to promptly access the Judiciary’s computerized system used to generate complaints, the judicial officer shall direct the applicant to complete the required certification and activate the complaint pursuant to procedures prescribed by the Administrative Director of the Courts.
  Upon approval of a Complaint-Warrant (CDR-2), the judicial officer shall memorialize the date, time, defendant’s name, complaint number, the basis for the probable cause determination, and any other specific terms of the authorization. That memorialization shall be either by means of a recording device or by adequate notes.
  A judicial officer authorized for that court shall verify, as soon as practicable, any warrant authorized under this subsection and activated by law enforcement. Remand to the county jail for defendants charged with a disorderly persons offense and a pretrial release decision are not contingent upon completion of this verification.
  Procedures authorizing issuance of restraining orders pursuant to N.J.S.A. 2C:35-5.7 (“Drug Offender Restraining Order Act of 1999”) and N.J.S.A. 2C:14-12 (“Nicole’s Law”) by electronic communications are governed by R. 7:4-1(d).
6. Traffic Offenses.
  
  Form of Complaint and Process. The Administrative Director of the Courts shall prescribe the form of Uniform Traffic Ticket to serve as the complaint, summons or other process to be used for all parking and other traffic offenses. On a complaint and summons for a parking or other non-moving traffic offense, the defendant need not be named. It shall be sufficient to set forth the license plate number of the vehicle, and its owner or operator shall be charged with the violation.
  
  Issuance. The complaint may be made and signed by any person, but the summons shall be signed and issued only by a law enforcement officer or other person authorized by law to issue a Complaint-Summons, the municipal court judge, municipal court administrator or deputy court administrator of the court having territorial jurisdiction. An electronic signature of any law enforcement officer or other person authorized by law to issue a Complaint-Summons shall be equivalent to and have the same force and effect as an original signature.
  
  Records and Reports. Each court shall be responsible for all Uniform Traffic Tickets printed and distributed to law enforcement officers or others in its territorial jurisdiction, for the proper disposition of Uniform Traffic Tickets, and for the preparation of such records and reports as the Administrative Director of the Courts prescribes. The provisions of this subparagraph shall apply to the Chief Administrator of the Motor Vehicle Commission, the Superintendent of State Police in the Department of Law and Public Safety, and to the responsible official of any other agency authorized by the Administrative Director of the Courts to print and distribute the Uniform Traffic Ticket to its law enforcement personnel.
7. Special Form of Complaint and Summons. A special form of complaint and summons for any action, as prescribed by the Administrative Director of the Courts, shall be used in the manner prescribed in place of any other form of complaint and process.
8. Use of Special Form of Complaint and Summons in Penalty Enforcement Proceedings. The Special Form of Complaint and Summons, as prescribed by the Administrative Director of the Courts, shall be used for all penalty enforcement proceedings in the municipal court, including those that may involve the confiscation and/or forfeiture of chattels. If the Special Form of Complaint and Summons is made by a governmental body or officer, it may be certified or verified on information and belief by any person duly authorized to act on its or the State's behalf.
Note: Source – Paragraph (a): R. (1969) 7:2, 7:3-1, 3:2-1; paragraph (b): R. (1969) 7:2, 7:3-1, 7:6-1, 3:2- 2; paragraph (c): R. (1969) 7:2, 7:3-1, 7:6-1, 3:2-3; paragraph (d): R. (1969) 7:6-1; paragraph (e): R. (1969) 4:70-3(a); paragraph (f): new. Adopted October 6, 1997 to be effective February 1, 1998; paragraph (a) caption added, former paragraph (a) amended and redesignated as paragraph (a)(1), former paragraph (b) amended and redesignated as paragraph (a)(2), former paragraph (c) redesignated as paragraph (a)(3), former paragraph (d) redesignated as paragraph (b), former paragraph (e) caption and text amended and redesignated as paragraph (c), and former paragraph (f) redesignated as paragraph (d) July 12, 2002 to be effective September 3, 2002; caption for paragraph (a) deleted, former paragraphs (a)(1) and (a)(2) amended and redesignated as paragraphs (a) and (b), former paragraph (a)(3) redesignated as paragraph (c), new paragraph (d) adopted, former paragraph (b) amended and redesignated as paragraph (e), former paragraph (c) deleted, former paragraph (d) amended and redesignated as paragraph (f), and new paragraph (g) adopted July 28, 2004 to be effective September 1, 2004; paragraph (a) amended, new paragraph (b) adopted, former paragraphs (b), (c), (d), and (e) amended and redesignated as paragraphs (c), (d), (e), and (f), former paragraphs (f) and (g) redesignated as paragraphs (g) and (h) July 16, 2009 to be effective September 1, 2009; paragraph (e) caption and text amended July 9, 2013 to be effective September 1, 2013; caption amended, and paragraphs (d) and (e) caption and text amended August 30, 2016 to be effective January 1, 2017; paragraph (d) reallocated as paragraphs (d)(1) and (d)(2), new paragraph (d)(3) added, new paragraph (d) caption added, and paragraph (e) amended November 14, 2016 to be effective January 1, 2017; paragraph (b) amended, subparagraph (d)(3) caption and text amended, and (e) amended August 2, 2019 to be effective October 1, 2019, effective date extended to January 1, 2020 pursuant to Court order dated September 25, 2019.

7:2-2-Issuance of Complaint-Warrant (CDR-2) or Summons
1.  Probable Cause.
  
   Finding of Probable Cause. A finding of probable cause by a judicial officer that an offense was committed and that the defendant committed it must be made before issuance of a Complaint-Warrant (CDR-2) or a summons except as provided in paragraphs (a)(3) and (a)(4). The Complaint-Warrant (CDR-2) or summons may be issued only if it appears to the judicial officer from the complaint, affidavit, certification or testimony that there is probable cause to believe that an offense was committed and the defendant committed it. The judicial officer’s finding of probable cause shall be noted on the face of the Complaint-Warrant (CDR-2) or summons and shall be confirmed by the judicial officer’s signature issuing the Complaint-Warrant (CDR-2) or summons.
  
   Finding of No Probable Cause. If the municipal court administrator or deputy court administrator finds that no probable cause exists to issue a Complaint-Warrant (CDR-2) or summons, or that the applicable statutory time limitation to issue the Complaint-Warrant (CDR-2) or summons has expired, that finding shall be reviewed by the judge. A judge finding no probable cause to believe that an offense occurred or that the statutory time limitation to issue a Complaint-Warrant (CDR-2) or a summons has expired shall not issue the Complaint-Warrant (CDR-2) or summons.
  
   Complaint by Law Enforcement Officer or Other Statutorily Authorized Person. A summons on a complaint made by a law enforcement officer charging any offense may be issued by a law enforcement officer or by any person authorized to do so by statute without a finding by a judicial officer of probable cause for issuance. A law enforcement officer may personally serve the summons on the defendant without making a custodial arrest.
  
   Complaint by Code Enforcement Officer. A summons on a complaint made by a Code Enforcement Officer charging any offense within the scope of the Code Enforcement Officer’s authority and territorial jurisdiction may be issued without a finding by a judicial officer of probable cause for issuance. A Code Enforcement Officer may personally serve the summons on the defendant. Otherwise, service shall be in accordance with these rules. For purposes of this rule, a “Code Enforcement Officer” is a public employee who is responsible for enforcing the provisions of any state, county or municipal law, ordinance or regulation which the public employee is empowered to enforce.
2.  Authorization for Process of Citizen Complaints.
  
   Issuance of a Citizen Complaint Charging Disorderly Persons Offense, Petty Disorderly Persons Offense, or Any Other Matter Within the Jurisdiction of the Municipal Court. A Complaint-Warrant (CDR-2) or a summons charging a disorderly persons offense, petty disorderly persons offense or any other matter within the jurisdiction of the municipal court, as set forth in N.J.S.A. 2B:12-17 and R. 7:1, made by a private citizen may be issued only by a judge or, if authorized by the judge, by a municipal court administrator or deputy court administrator of a court with jurisdiction in the municipality where the offense is alleged to have been committed within the statutory time limitation.
  
   County Prosecutor Review of Citizen Complaints Charging Disorderly Persons Offenses. Prior to a finding of probable cause and issuance of a Complaint-Warrant (CDR-2) or a summons charging a disorderly persons offense made by a private citizen against a candidate or nominee for public office or a person holding public office as defined in N.J.S.A. 19:1-1, the Complaint-Warrant (CDR-2) or summons shall be reviewed by a county prosecutor for approval or denial. Prior to approval, the prosecutor has the authority to modify the charge. If the prosecutor approves the citizen complaint charging a disorderly persons offense, the prosecutor shall indicate this decision on the complaint and submit it to a judicial officer who will determine if probable cause exists and whether to issue a Complaint-Warrant (CDR-2) or summons in the Judiciary’s computerized system used to generate complaints. If the prosecutor denies the citizen complaint charging a disorderly persons offense, the prosecutor shall report the denial and the basis therefor to the Assignment Judge on the record or in writing and shall notify the citizen complainant and the defendant. The absence of approval or denial within the timeframe set forth in R. 7:2-2(b)(6) shall be deemed as not objecting to the citizen complaint. The citizen complaint charging a disorderly persons offense shall be reviewed by the judicial officer for a probable cause finding.
  
   Issuance of a Citizen Complaint Charging Indictable Offenses. A Complaint-Warrant (CDR-2) or a Complaint-Summons (CDR-1) charging any indictable offense made by a private citizen may be issued only by a judge.
  
   County Prosecutor Review of Citizen Complaints Charging Indictable Offenses. Prior to a finding of probable cause and issuance of a Complaint-Warrant (CDR-2) or a Complaint-Summons (CDR-1) charging any indictable offense made by a private citizen against any individual, the Complaint-Warrant (CDR-2) or Complaint-Summons (CDR-1) shall be reviewed by a county prosecutor for approval or denial. Prior to approval, the prosecutor has the authority to modify the charge. If the prosecutor approves the citizen complaint charging an indictable offense, the prosecutor shall indicate this decision on the complaint and submit it to a judge who will determine if probable cause exists and whether to issue a Complaint-Warrant (CDR-2) or a Complaint-Summons (CDR-1) in the Judiciary’s computerized system used to generate complaints. If the prosecutor denies the citizen complaint charging an indictable offense, the prosecutor shall report the denial and the basis therefor to the Assignment Judge on the record or in writing and shall notify the citizen complainant and the defendant. The absence of approval or denial within the timeframe set forth in R. 7:2-2(b)(6) shall be deemed as not objecting to the citizen complaint. The citizen complaint charging an indictable offense shall be reviewed by the judge for a probable cause finding.
  
   Probable Cause Findings - Citizen Complaints. The Complaint-Warrant (CDR-2) or summons charging: (i) a disorderly persons offense, petty disorderly persons offense or any other matter within the jurisdiction of the municipal court, as set forth in N.J.S.A.2B:12-17 and R. 7:1, made by a private citizen may be issued by a judicial officer pursuant to (b)(1) of this rule, or (ii) any indictable offense made by a private citizen may be issued by a judge pursuant to (b)(3) of this rule, only if it appears from the complaint, affidavit, certification or testimony that there is probable cause to believe that an offense was committed and the defendant committed it. The judicial officer’s finding of probable cause shall be noted on the face of the Complaint-Warrant (CDR-2) or summons and shall be confirmed by the judicial officer’s signature issuing the Complaint-Warrant (CDR-2) or summons.
  
   Period of Time for County Prosecutor Review of Citizen Complaints Charging Disorderly Persons and Indictable Offenses. The county prosecutor shall review citizen complaints pursuant to R. 7:2-2(b)(2), 7:2-2(b)(4), and R. 3:2-1(a)(2) within a period of no more than forty-five calendar days following receipt of the citizen complaint in the Judiciary’s computerized system used to generate complaints. The prosecutor may apply to the court to extend the period of review upon a showing of good cause for additional periods of time no greater than ten calendar days each.
3. Issuance of a Complaint-Warrant (CDR-2) or Summons.
  
   Issuance of a Summons. A summons may be issued on a complaint only if:
  
  a judge, authorized municipal court administrator or authorized deputy municipal court administrator (judicial officer) finds from the complaint or an accompanying affidavit or deposition, that there is probable cause to believe that an offense was committed and that the defendant committed it and notes that finding on the summons; or
  
  the law enforcement officer or code enforcement officer who made the complaint, issues the summons.
  
   Issuance of a Complaint-Warrant (CDR-2). A Complaint-Warrant (CDR-2) may be issued only if:
  
  a judicial officer finds from the complaint or an accompanying affidavit or deposition, that there is probable cause to believe that an offense was committed and that the defendant committed it and notes that finding on the Complaint-Warrant (CDR-2); and
  
  a judicial officer finds that subsection (f) of this rule allows a Complaint-Warrant (CDR-2) rather than a summons to be issued.
4.  Indictable Offenses. Complaints involving indictable offenses are governed by the Part III Rules, which address mandatory and presumed warrants for certain indictable offenses in Rule 3:3-1(e), (f).
5.  Offenses Where Issuance of a Summons is Presumed. A summons rather than a Complaint-Warrant (CDR-2) shall be issued unless issuance of a Complaint-Warrant (CDR-2) is authorized pursuant to paragraph (f) of this rule.
6.  Grounds for Overcoming the Presumption of Issuance of Summons.  Regarding a defendant charged on matters in which a summons is presumed, when a law enforcement officer does not issue a summons, but requests, in accordance with guidelines issued by the Attorney General pursuant to N.J.S.A. 2A:162-16, the issuance of a Complaint-Warrant (CDR-2), the judicial officer may issue a Complaint-Warrant (CDR-2) when the judicial officer finds that there is probable cause to believe that the defendant committed the offense, and the judicial officer has reason to believe, based on one or more of the following factors, that a Complaint-Warrant (CDR-2) is needed to reasonably assure a defendant’s appearance in court when required, to protect the safety of any other person or the community, or to assure that the defendant will not obstruct or attempt to obstruct the criminal justice process:
   the defendant has been served with a summons for any prior indictable offense and has failed to appear;
  
   there is reason to believe that the defendant is dangerous to self or will pose a danger to the safety of any other person or the community if released on a summons;
  
   there is one or more outstanding warrants for the defendant;
  
   the defendant’s identity or address is not known and a warrant is necessary to subject the defendant to the jurisdiction of the court;
  
   there is reason to believe that the defendant will obstruct or attempt to obstruct the criminal justice process if released on a summons;
  
   there is reason to believe that the defendant will not appear in response to a summons;
  
   there is reason to believe that the monitoring of pretrial release conditions by the pretrial services program established pursuant to N.J.S.A. 2A:162-25 is necessary to protect any victim, witness, other specified person, or the community.
  
  The judicial officer shall consider the results of any available preliminary public safety assessment using a risk assessment instrument approved by the Administrative Director of the Courts pursuant to N.J.S.A. 2A:162-25, and shall also consider, when such information is available, whether within the preceding ten years the defendant as a juvenile was adjudicated delinquent for a crime involving a firearm, or a crime that if committed by an adult would be subject to the No Early Release Act (N.J.S.A. 2C:43- 7.2), or an attempt to commit any of the foregoing offenses. The judicial officer shall also consider any additional relevant information provided by the law enforcement officer or prosecutor applying for a Complaint-Warrant (CDR-2).
7. Offenses Where Issuance of a Complaint-Warrant (CDR-2) is Presumed. Unless issuance of a Complaint-Summons (CDR-1) rather than a Complaint-Warrant (CDR-2) is authorized pursuant to paragraph (h) of this rule, a Complaint-Warrant (CDR-2) shall be issued when a judicial officer finds pursuant to paragraph (c)(2) that there is probable cause to believe that the defendant committed contempt (N.J.S.A. 2C:29-9(a)) involving a violation of a condition of pretrial release to avoid contact with an alleged victim or a violation of a condition of home detention with or without the use of an approved electronic monitoring device ordered pursuant to N.J.S.A. 2A:162-17.
8. Grounds for Overcoming the Presumption of Issuance of a Complaint-Warrant (CDR-2). Notwithstanding the presumption that a Complaint-Warrant (CDR-2) shall be issued when a defendant is charged with an offense set forth in paragraph (g) of this rule: (1) a judicial officer may authorize issuance of a Complaint-Summons (CDR-1) rather than Complaint-Warrant (CDR-2) if the judicial officer finds that were the defendant to be released without imposing or monitoring any conditions authorized under N.J.S.A. 2A:162-17, there are reasonable assurances that the defendant will appear in court when required, the safety of any other person or the community will be protected, and the defendant will not obstruct or attempt to obstruct the criminal justice process. The judicial officer shall not make such finding without considering the results of a preliminary public safety assessment using a risk assessment instrument approved by the Administrative Director of the Courts pursuant to N.J.S.A. 2A:162-25, and without also considering whether within the preceding ten years the defendant as a juvenile was adjudicated delinquent for escape, a crime involving a firearm, or a crime that if committed by an adult would be subject to the No Early Release Act (N.J.S.A. 2C:43-7.2), or an attempt to commit any of the foregoing offenses. The judicial officer shall also consider any additional information provided by a law enforcement officer or the prosecutor relevant to the pretrial release decision; or (2) a law enforcement officer may issue a Complaint-Summons (CDR-1) in accordance with guidelines issued by the Attorney General pursuant to N.J.S.A. 2A:162-16.
9. Charges Against Corporations, Partnerships, Unincorporated Associations. A summons rather than a Complaint-Warrant (CDR-2) shall issue if the defendant is a corporation, partnership, or unincorporated association.
10. Failure to Appear After Summons. If a defendant who has been served with a summons fails to appear on the return date, a bench warrant may issue pursuant to law and Rule 7:8-9 (Procedures on Failure to Appear). If a corporation, partnership or unincorporated association has been served with a summons and has failed to appear on the return date, the court shall proceed as if the entity had appeared and entered a plea of not guilty
11. Additional Complaint-Warrants (CDR-2) or Summonses. More than one Complaint-Warrant (CDR-2) or summons may issue on the same complaint.
12. Identification Procedures. If a summons has been issued or a Complaint-Warrant (CDR-2) executed on a complaint charging either the offense of shoplifting or prostitution or on a complaint charging any non-indictable offense where the identity of the person charged is in question, the defendant shall submit to the identification procedures prescribed by N.J.S.A. 53:1-15. Upon the defendant’s refusal to submit to any required identification procedures, the court may issue a Complaint-Warrant (CDR-2).
Note: Source - R. (1969) 7:2, 7:3-1, 3:3-1. Adopted October 6, 1997 to be effective February 1, 1998; paragraphs (b) and (c) amended July 10, 1998 to be effective September 1, 1998; paragraph (a)(1) amended July 5, 2000 to be effective September 5, 2000; paragraph (a)(1) amended, new paragraph (b)(5) added, and former paragraph (b)(5) redesignated as paragraph (b)(6) July 12, 2002 to be effective September 3, 2002; paragraph (a)(1) amended, and paragraph (a)(2) caption and text amended July 28, 2004 to be effective September 1, 2004; paragraph (a)(1) amended and new paragraph (a)(3) adopted July 16, 2009 to be effective September 1, 2009; caption amended, paragraph (a)(1) amended, former paragraph (b) deleted, new paragraphs (b), (c), (d), (e), (f) adopted, former paragraph (c) amended and redesignated as paragraph (g), former paragraph (d) caption and text amended and redesignated as paragraph (h), and former paragraph (e) amended and redesignated as paragraph (i) August 30, 2016 to be effective January 1, 2017; new paragraph (a) caption adopted, new subparagraphs (a)(1) and (a)(2) adopted, former paragraph (a) redesignated as paragraph (b) and caption amended, former subparagraph (a)(1) redesignated as subparagraph (b)(1) and caption and text amended, former subparagraphs (a)(2) and (a)(3) redesignated as subparagraphs (a)(3) and (a)(4), new subparagraphs (b)(2), (b)(3), (b)(4), (b)(5), and (b)(6) adopted, former paragraph (b) redesignated as paragraph (c) and amended, former paragraph (c) redesignated as paragraph (d), former paragraphs (d) and (e) redesignated as paragraphs (e) and (f) and amended, former paragraphs (f) and (g) redesignated as paragraphs (g) and (h), former paragraph (h) redesignated as paragraph (i) and caption amended, former paragraph (i) redesignated as paragraph (j) August 2, 2019 to be effective October 1, 2019, effective date extended to January 1, 2020 pursuant to Court order dated September 25, 2019; new paragraphs (g) and (h) adopted, former paragraphs (g), (h), (i), (j) redesignated as paragraphs (i), (j), (k) and (l) July 31, 2025 to be effective September 1, 2025.
7:2-3-Warrants; Execution and Service: Return
1. By Whom Executed; Territorial Limits. A warrant shall be executed by any officer authorized by law. The warrant may be executed at any place within this State. This applies to all warrants issued by the municipal court, including Complaint-Warrants (CDR-2) and bench warrants that may be issued after the initial filing of the complaint. A bench warrant is any warrant, other than a Complaint-Warrant (CDR-2), that is issued by the court that orders a law enforcement officer to take the defendant into custody.
2. How Executed. The warrant shall be executed by the arrest of the defendant. The law enforcement officer need not possess the warrant at the time of the arrest, but upon request, the officer shall show the warrant or a copy of an Automated Traffic System/Automated Complaint System (ATS/ACS) electronic record evidencing its issuance to the defendant as soon as possible. If the law enforcement officer does not have the actual warrant to show or does not have access to an ATS/ACS printer to produce a copy of the electronic record at the time of the arrest, the officer shall inform the defendant of the offense charged and that a warrant has been issued. Defendants arrested on a Complaint-Warrant (CDR-2) charging an indictable or disorderly persons offense shall be remanded to the county jail pending a determination regarding conditions of pretrial release. Defendants arrested on a Complaint-Warrant (CDR-2) charging any other matter shall be brought before the court issuing the warrant, pursuant to Rule 7:2-1(d)(3).
3. Return. The law enforcement officer executing a warrant shall make prompt return of the warrant to the court that issued the warrant. The arresting officer shall promptly notify the court issuing the warrant by electronic communication through the appropriate Judiciary computer system of the date and time of the arrest. If the defendant is incarcerated, the law enforcement officer shall promptly notify the court of the place of the defendant's incarceration.
Note: Source -- Paragraph (a): R. (1969) 7:2; 7:3-1, 3:3-3(a), (b), (c), (e); Paragraphs (b)(1), (2), (3): R. (1969) 7:3-1: Paragraph (b)(4): R. (1969) 7:2, 7:3-1, 3:3-3(e). Adopted October 6, 1997 to be effective February 1, 1998; caption amended, caption of former paragraph (a) deleted, caption and text of former paragraph (b) deleted and relocated to new Rule 7:2-4, former paragraphs (a)(1), (a)(2), and (a)(3) redesignated as paragraphs (a), (b), and (c) July 28, 2004 to be effective September 1, 2004; caption amended, paragraphs (a), (b), (c) amended August 30, 2016 to be effective January 1, 2017; paragraph (b) amended November 14, 2016 to be effective January 1, 2017.
7:2-4-Summons: Execution and Service; Return
7:2-5-Defective Warrant or Summons; Amendment
No person arrested under a warrant or appearing in response to a summons shall be discharged from custody or dismissed because of any technical insufficiency or irregularity in the warrant or summons, but the warrant or summons may be amended to remedy any such technical defect.
Note: Source-R. (1969) 7:2, 7:3-1, 3:3-4(a). Adopted October 6, 1997 as Rule 7:2-4 to be effective February 1, 1998; redesignated as Rule 7:2-5 July 28, 2004 to be effective September 1, 2004./em>

- 7:8-9-Non-Monetary Procedures on Failure to Appear
  Warrant or Notice.
  
  Non-Parking Cases. 
  
  Except as set forth in subparagraph (ii), if a defendant in any non- parking case before the court fails to appear or answer a complaint, the court shall issue a notice advising the defendant of the rescheduled appearance and that a failure to appear at that rescheduled appearance may result in the issuance of a bench warrant on a form approved by the Administrative Director of the Courts. If the defendant fails to appear for that rescheduled appearance, a bench warrant may be issued in accordance with R. 7:7-2(j). When issuing a bench warrant, the court shall simultaneously schedule the defendant to appear at a future court event.
  
  In the most serious matters involving public safety, including but not limited to driving while intoxicated, domestic violence, defendants being monitored by pre-trial services, or other matters where upon conviction there is a reasonable likelihood of a jail sentence or loss or suspension of license, if a defendant in any non-parking case before the court fails to appear or answer a complaint, the court may issue a bench warrant for the defendant's arrest in accordance with R. 7:2-2(j), while simultaneously scheduling the defendant to appear at a future court event.
  
  Parking Cases. If a defendant in any parking case before the court fails to appear or answer a complaint, the court shall mail a failure to appear notice to the defendant on a form approved by the Administrative Director of the Courts. Where a defendant has not appeared or otherwise responded to failure to appear notices associated with two or more pending parking tickets within the court's jurisdiction, the court may issue a bench warrant in accordance with R. 7:7-2(j), while simultaneously scheduling the defendant to appear at a future court event. Such a bench warrant shall not issue when the pending tickets have been issued on the same day or otherwise within the same 24-hour period.
  
  Driving Privileges; Report to Motor Vehicle Commission.
  
  Non-Parking Motor Vehicle Cases. If the court has not issued a bench warrant upon the failure of the defendant to comply with the court's failure to appear notice, the court shall report the failure to appear or answer to the Chief Administrator of the Motor Vehicle Commission on a form approved by the Administrative Director of the Courts within 30 days of the defendant's failure to appear or answer. The court shall then mark the case as closed on its records, subject to being reopened pursuant to subparagraph (e) of this rule. If the court elects, however, to issue a bench warrant, it may simultaneously report the failure to appear or answer to the Motor Vehicle Commission on a form approved by the Administrative Director of the Courts. If the court does not simultaneously notify the Motor Vehicle Commission and the warrant has not been executed within 30 days, the court shall report the failure to appear or answer to the Motor Vehicle Commission on a form approved by the Administrative Director of the Courts. Upon the notification to the Motor Vehicle Commission, the court shall then mark the case as closed on its records subject to being reopened pursuant to subparagraph (e) of this rule.
  
  Parking Cases. In all parking cases, whether or not a bench warrant is issued, the court may order the suspension of the defendant's driving privileges or of defendant's nonresident reciprocity privileges or prohibit the person from receiving or obtaining driving privileges until the pending matter is adjudicated or otherwise disposed of. The court shall then mark the case as suspended on its records, subject to being reopened pursuant to paragraph (e) of this rule. The court shall forward the order to suspend to the Motor Vehicle Commission on a form approved by the Administrative Director of the Courts.
  
  Unexecuted Bench Warrant or Bail Posted after Bench Warrant Executed. If a bench warrant is not executed, it shall remain open and active until the court either recalls, withdraws, or discharges it. If bail has been posted after the issuance of the bench warrant and the defendant fails to appear or answer, the court may declare a forfeiture of the bail, report a motor vehicle bail forfeiture to the Motor Vehicle Commission, and mark the case as suspended on its records subject to being reopened pursuant to paragraph (e) of this rule. The court may set aside any bail forfeiture in the interest of justice.
  
  Parking Cases; Unserved Notice. In parking cases, no bench warrant may be issued if the initial failure to appear notice is returned to the court by the Postal Service marked to indicate that the defendant cannot be located. The court then may order a suspension of the registration of the motor vehicle or of the defendant's driving privileges or defendant's nonresident reciprocity privileges or prohibit the person from receiving or obtaining driving privileges until the pending matter is adjudicated or otherwise disposed of. The court shall then mark the case as suspended on its records, subject to being reopened pursuant to paragraph (e) of this rule. The court shall forward the order to suspend to the Motor Vehicle Commission on a form approved by the Administrative Director of the Courts.
  
  Reopening. A case marked closed shall be reopened upon the request of the defendant, the prosecuting attorney or on the court's own motion.
  
  Dismissal of Parking Tickets. In any parking case, if the municipal court fails, within three years of the date of the violation, to either issue a bench warrant for the defendant's arrest or to order a suspension of the registration of the vehicle or the defendant’s driving privileges or the defendant's non-resident reciprocity privileges or prohibit the person from receiving or obtaining driving privileges, the matter shall be dismissed and shall not be reopened.
  
  Monetary Sanctions for Failure to Appear. Monetary sanctions on defendants for failure to appear are addressed in R. 7:8-9A.
  Note: Source – Paragraphs (a), (b), (c), (d), (e): R. (1969) 7:6-3; paragraph (f): new. Adopted October 6, 1997 to be effective February 1, 1998; paragraph (a) text deleted, and new paragraphs (a)(1) and (a)(2) adopted July 28, 2004 to be effective September 1, 2004; paragraph (b) caption amended, paragraphs (b)(1), (c), (d) and (f) amended July 16, 2009 to be effective September 1, 2009; paragraphs (a)(1), (a)(2), (b)(1), (b)(2) amended, paragraph (c) caption and text amended, and paragraphs (d) and (f) amended August 30, 2016 to be effective January 1, 2017; caption amended and new paragraph (g) adopted July 17, 2018 to be effective September 1, 2018; paragraph (a)(1) caption and text amended, paragraph (a)(2) amended, paragraph (b)(2) caption and text amended, paragraph (c) caption and text amended, and paragraph (d) amended July 30, 2021 to be effective September 1, 2021; subparagraphs (a)(1)(i), (a)(1)(ii), and (a)(2) amended July 31, 2025 to be effective September 1, 2025.
- 7:8-9A-Monetary Sanctions for Defendant’s Failure to Appear
  In General. If without just cause or excuse, a defendant, who is required to appear at a trial, hearing or other scheduled municipal court proceeding fails to appear, the municipal court judge may order that defendant to pay a monetary sanction based on the following factors: (1) defendant’s history of failure to appear; (2) defendant’s criminal and offense history; (3) the seriousness of the offense; and (4) the resulting inconvenience to the defendant’s adversary and to witnesses called by the parties. The judge shall state the reasons for the sanction on the record.
  
  Maximum Sanction. For consequence of magnitude cases, the aggregate sanction per case shall not exceed $100. For other than consequence of magnitude cases, the aggregate sanction per case shall not exceed $25 for parking offenses and $50 for all other matters.
  
  Contempt of Court. A judge may impose a higher sanction on a defendant for failure to appear only in accordance with the provisions of R. 1:10.
  
  Calculation of Sanction. When a case includes multiple offenses, the maximum sanction shall be calculated solely on the most serious offense charged. Only one sanction may be imposed per case.
  
  Payment of Sanction. The defendant shall pay the assessed sanction to the municipal court to be disbursed to the municipality where the offense occurred.
  
  Non-Monetary Procedures on Failure to Appear. Non-monetary procedures on failure to appear are addressed in R. 7:8-9.
  Note: Adopted July 17, 2018 to be effective September 1, 2018.
- 7:8-10-Waiver of Right to Counsel at Trial
  In all cases other than parking cases, a request by a defendant to proceed to trial without an attorney shall not be granted until the judge is satisfied from an inquiry on the record that the defendant has knowingly and voluntarily waived the right to counsel following an explanation by the judge of the range of penal consequences and an advisement that the defendant may have defenses and that there are dangers and disadvantages inherent in defending oneself.
  Note: Adopted July 16, 2009 to be effective September 1, 2009.
- 7:8-11-Limitations on Pretrial Incarceration
  Defendants Subject to Limitations on Pretrial Incarceration. This rule applies to a defendant for whom a Complaint-Warrant (CDR-2) has been issued and who: (1) has been charged with a disorderly persons offense involving domestic violence and is detained pursuant to R. 3:4A, or (2) is detained in jail due to an inability to post monetary bail on the initial disorderly persons offense charged on a Complaint-Warrant (CDR-2). This rule only applies to a defendant who is arrested on or after January 1, 2017, regardless of when the offense giving rise to the arrest was allegedly committed.
  
  Limitation on Pretrial Incarceration. A defendant as described in subsection (a) above may not be incarcerated for a time period longer than the maximum period of incarceration for which the defendant could be sentenced for the initial offense charged on the Complaint-Warrant (CDR-2).
  
  Time Period of Pretrial Incarceration. This time period of incarceration starts on the day the defendant was initially taken into custody.
  
  Release. If a defendant is detained pursuant to subsection (a) of this rule and the maximum period of incarceration is reached pursuant to subsection (b) of this rule, the court shall establish conditions of pretrial release pursuant to R. 3:26 and release the defendant. For matters in which the defendant was issued a Complaint-Warrant (CDR-2), was charged with any offense involving domestic violence, and was detained pursuant to R. 3:4A, a judge of the Superior Court shall conduct a release hearing and make the release decision. In matters in which the defendant has been issued a Complaint- Warrant (CDR-2) and detained in jail due to an inability to post monetary bail on the initial offense charged, a judge with authority to modify the conditions of release shall make the release decision.
  
  Note: Adopted August 30, 2016 to be effective January 1, 2017; paragraph (a) amended November 14, 2016 to be effective January 1, 2017.
7:9-Sentence and Judgment
- 7:9-1-Sentence
  Imposition of Sentence; Bail; Conditions of Release. If the defendant has been convicted of or pleaded guilty to a non-indictable offense, sentence shall be imposed immediately, unless the court postpones sentencing in order to obtain a presentence report or for other good cause. Pending sentence, the court may commit the defendant, or establish, continue, or modify monetary bail, or continue or modify conditions of release as appropriate. Before imposing sentence the court shall afford the defendant and defense counsel an opportunity to make a statement on defendant's behalf and to present any information in mitigation of punishment. Where a sentence has been opened and vacated, the defendant shall be resentenced immediately, except where a new trial is granted.
  
  Statement of Reasons – Criminal Code Cases. In disorderly and petty disorderly cases and indictable fourth degree cases within the jurisdiction of the municipal court, at the time sentence is imposed the court shall state its reasons for imposing the sentence, including its findings respecting the criteria prescribed by N.J.S.A. 2C:44-1 to 2C:44-3 for withholding or imposing imprisonment, fines or restitution and pursuant to N.J.S.A. 2C:51-2 for ordering or denying forfeiture of public office, position, or employment. The court shall also state its factual basis for its finding of particular aggravating or mitigating factors affecting sentence.
  
  Statement of Reasons – Non-Criminal Code Cases. In non-criminal code cases involving a consequence of magnitude, at the time the sentence is imposed the court shall state its reasons for imposing sentence, including the findings for withholding or imposing imprisonment, driver’s license suspension, fines, or restitution.
  
  Probation. The court, at the time of sentencing, shall inform a defendant sentenced to probation of the penalties that may be imposed upon revocation of probation for failure to adhere to the conditions of probation.
  
  Probation and Suspended Sentence. After conviction, unless otherwise provided by law, the court may suspend the imposition of a sentence or place the defendant on probation. The order shall require the defendant to comply with standard conditions of probation adopted by the court and filed with the municipal court administrator, 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 also 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. The defendant and the probation officer shall sign a joint statement, to be filed with the municipal court administrator, as to the officer's compliance with the reading and explanation requirements of this rule. If the defendant refuses to sign the statement, the defendant shall be resentenced. 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-Paragraph (a): R. (1969) 7:4-6(a); paragraph (b): R. (1969) 7:4-6(c); paragraph (c): R. (1969) 3:21-4(c); paragraph (d): R. (1969) 7:4-6(e) and R. (1969) 3:21-7. Adopted October 6, 1997 to be effective February 1, 1998; paragraph (b) caption and text amended, new paragraph (c) adopted, former paragraphs (c) and (d) redesignated as paragraphs (d) and (e) July 21, 2011 to be effective September 1, 2011; paragraph (a) caption and text amended August 30, 2016 to be effective January 1, 2017.
- 7:9-2-Judgment
  Generally. A judgment of conviction shall set forth the complaint, the plea, the findings, the adjudication and the sentence. It shall cite with specificity the statute or ordinance section to which the conviction relates or a short description of the statute or ordinance, the names and addresses of the witnesses sworn, and a list of exhibits produced at the trial. If the defendant is found not guilty or for any other reason is entitled to be discharged, a judgment shall be entered accordingly. The judgment shall be signed by the court and entered by the municipal court administrator. If at the time of hearing, judgment was reserved, the court upon the entry of judgment of acquittal shall immediately mail a copy of the judgment to the defendant by ordinary mail; if convicted, however, the defendant shall be notified to appear in court for entry of judgment and sentencing.
  
  Conviction of a Corporation. If a corporation is convicted of an offense, the court shall give judgment on the conviction and shall cause the judgment to be enforced in the same manner as a judgment in a civil action.
  Note: Source-Paragraph (a): R. (1969) 7:4-6(b); paragraph (b): R. (1969) 7:4-6(d), 3:21-6. Adopted October 6, 1997 to be effective February 1, 1998.
- 7:9-3-Credit for Confinement Pending Sentence
  The defendant shall receive credit on the term of custodial sentence for any time served in custody, either in jail or in a state hospital, between the arrest and the imposition of a sentence.
  Note: Source-R. (1969) 7:4-6(f), 3:21-8. Adopted October 6, 1997 to be effective February 1, 1998.
- 7:9-4-Reduction or Change of Sentence
- 7:9-5-Failure to Pay
  If without just cause or excuse, a defendant defaults on payment of a municipal court imposed financial obligation, the judge, on the record, may order the defendant to pay an aggregate monetary sanction for each order setting forth time payments not to exceed $50. The defendant shall pay the assessed sanction to the municipal court to be disbursed to the municipality where the offense occurred. This sanction shall be in addition to any other penalty imposed by statute or rule for failure to pay. A defendant’s inability to pay constitutes just cause for purposes of this rule.
  Note: Adopted July 17, 2018 to be effective September 1, 2018.
- 7:9-6-Expungement of Municipal Court Records
  Expedited Expungements. Municipal court records relating to an arrest or charge under the laws of this State or of any governmental entity thereof, for a crime, disorderly persons offense, petty disorderly persons offense, or a municipal ordinance violation, statutorily authorized for an expungement where that charge has been adjudicated by way of a dismissal, acquittal, or was discharged without a conviction or finding of guilt, shall be expunged in accordance with the procedures set forth in R. 3:30-1 and R. 3:30-2.
  
  Expungement Orders Issued by the Superior Court. The municipal court shall expunge all municipal court records pursuant to an expungement order issued by the Superior Court in accordance with the procedures set forth in R. 3:30-1 and R. 3:30-2.
  Note: Adopted August 4, 2023 to be effective September 1, 2023.
7:10-New Trial; Post-Trial Proceedings
- 7:10-1-New Trial
  On defendant's motion, the court may, pursuant to the time limitations of this rule, grant the defendant a new trial if required in the interest of justice. The court may vacate the judgment if already entered, take additional testimony, and direct the entry of a new judgment. A motion for a new trial, based on the ground of newly discovered evidence, shall be made within two years after entry of a final judgment. A motion for a new trial on the grounds of fraud or lack of jurisdiction may be made at any time. A motion for a new trial, based on any other grounds, shall be made within twenty days after the entry of judgment of conviction or within such further time as the court fixes during the twenty-day period.
  Note: Source-R. (1969) 7:4-7. Adopted October 6, 1997 to be effective February 1, 1998; amended June 15, 2007 to be effective September 1, 2007.
- 7:10-2-Post-Conviction Relief
  Petition for Relief. A person convicted of an offense may, pursuant to this rule, file with the municipal court administrator of the municipality in which the conviction took place, a petition for post-conviction relief captioned in the action in which the conviction was entered.
  
  Limitations and Exclusiveness.
  
  A petition to correct an illegal sentence may be filed at any time.
  
  A petition based on any other grounds shall not be accepted for filing more than five years after entry of the judgment of conviction or imposition of the sentence sought to be attacked, unless it alleges facts showing that the delay in filing was due to defendant's excusable neglect.
  
  A petition for post-conviction relief shall be the exclusive means of challenging a judgment of conviction, except as otherwise required by the Constitution of New Jersey, but it is not a substitute for appeal from a conviction or for a motion incident to the proceedings in the trial court, and may not be filed while appellate review or the filing of a motion in the municipal court is available.
  
  Grounds. A petition for post-conviction relief is cognizable if based on 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 New Jersey;
  
  lack of jurisdiction of the court to impose the judgment rendered on defendant's conviction;
  
  imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law; or
  
  any ground previously available as a basis for collateral attack on a conviction by habeas corpus or any other common law or statutory remedy.
  
  Bar of Grounds Not Raised in Prior Proceedings; Exceptions.
  
  The defendant is barred from asserting in a proceeding under this rule any grounds for relief not raised in a prior proceeding under this rule, or in the proceedings resulting in the conviction, or in a post-conviction proceeding brought and decided prior to the adoption of R. 3:22-4, or in any appeal taken in any of those proceedings, unless the court on motion or at the hearing finds that:
  
  the grounds for relief not previously asserted could not reasonably have been raised in any prior proceeding;
  
  enforcement of the bar would result in fundamental injustice; or
  
  denial of relief would be contrary to the Constitution of the United States or of New Jersey.
  
  A prior adjudication on the merits of any grounds for relief asserted in the petition is conclusive, whether made in the proceedings resulting in the conviction or any prior post-conviction proceeding, or in any appeal taken from those proceedings.
  
  Assignment of Counsel. A defendant may annex to the petition a sworn statement asserting indigency in the form (Form 5A) prescribed by the Administrative Director of the Courts, which form shall be furnished by the municipal court administrator. If the court finds that the defendant is indigent as herein provided, and that the original conviction involved a consequence of magnitude, it shall order counsel assigned to represent defendant and shall further order a transcript of testimony of any proceeding shown to be necessary in establishing the grounds of relief asserted. Absent a showing of good cause, which shall not include lack of merit of the petition, the court shall not substitute new assigned counsel. If counsel is assigned, the court shall not thereafter substitute new assigned counsel absent a showing of good cause, which shall not, however, include lack of merit of the petition.
  
  Procedure.
  
  The municipal court administrator 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 to the municipal prosecutor. An attorney filing the petition shall serve a copy on the municipal prosecutor before filing.
  
  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 the complaint asserted and the particular relief sought. The petition shall include the following information:
  
  the date, docket number and contents of the complaint upon which the conviction is based and the municipality where filed;
  
  the sentence or judgment complained of, the date it was imposed or entered, and the name of the municipal court judge then presiding;
  
  any appellate proceedings brought from the conviction, with copies of the appellate opinions attached;
  
  any prior post-conviction relief proceedings relating to the same conviction, including the date and nature of the claim and the date and nature of disposition, and whether an appeal was taken from those proceedings and, if so, the judgment on appeal;
  
  the name of counsel, if any, representing defendant in any prior proceeding relating to the conviction, and whether counsel was retained or assigned; and
  
  whether and where defendant is presently confined. A separate memorandum of law may be submitted.
  
  In addition, the moving papers in support of such an application shall include, if available, records related to the underlying conviction, including, but not limited to, copies of all complaints, applications for assignment of counsel, waiver forms and transcripts of the defendant's first appearance, entry of guilty plea and all other municipal court proceedings related to the conviction sought to be challenged. The petitioner shall account for any unavailable records by way of written documentation from the municipal court administrator or the custodian of records, as the case may be.
  
  Amendments of the petitions shall be liberally allowed. Assigned counsel may, as a matter of course, serve and file an amended petition within 25 days after assignment. Within 30 days after service of a copy of the petition or amended petition, the municipal prosecutor shall serve and file an answer to the petition or move on ten days' notice for dismissal. If the motion for dismissal is denied, the government's answer shall be filed within fifteen days after entry of the order denying the dismissal.
  
  A defendant in custody shall be present in court if oral testimony is adduced on a material issue of fact within the defendant's personal knowledge. A defendant in custody may otherwise be present in court only in the judge's discretion.
  
  In making a final determination on a petition, either on motion for dismissal or after hearing, the court shall state separately its findings of fact and conclusions of law and shall enter judgment or sentence in the conviction proceedings and any appropriate provisions as to re-arraignment, retrial, custody, bail, discharge, correction of sentence or as may otherwise be required.
  
  Petition to Obtain Relief from an Enhanced Custodial Term Based on a Prior Uncounseled Conviction.
  
  Venue. A post-conviction petition to obtain relief from an enhanced custodial term based on a prior conviction in which a defendant was not represented by counsel and not advised of the right to counsel or, if indigent, of the right to have counsel assigned shall be brought in the court where the prior conviction was entered.
  
  Time for Filing. A petition seeking relief under this paragraph may be filed at any time.
  
  Procedure. A petition for post-conviction relief sought under this paragraph shall be in writing and shall conform to the requirements of Rule 7:10-2(f). In addition, the moving papers in support of such an application shall include, if available, records related to the underlying conviction, including, but not limited to, copies of all complaints, applications for assignment of counsel, waiver forms and transcripts of the defendant’s first appearance, entry of guilty plea and all other municipal court proceedings related to the conviction sought to be challenged. The petitioner shall account for any unavailable records by way of written documentation from the municipal court administrator or the custodian of records, as the case may be.
  
  Grounds. A post-conviction petition to obtain relief from an enhanced custodial term based on a prior conviction is cognizable only where a defendant was not represented by counsel and was not advised of the right to counsel or, if indigent, of the right to have counsel assigned.
  
  Appeal. Appeals from a denial of post-conviction relief from the effect of a prior conviction shall be combined with any appeal from proceedings involving the repeat offense. Appeals by the State may be taken under R. 3:23-2(a).
  Note: Source-Paragraph (a): R. (1969) 3:22-1; paragraph (b)(1),(2): R. (1969) 3:22-12; paragraph (b)(3): R (1969) 3:22-3; paragraph (c): R. (1969) 7:8-1, 3:22-2; paragraph (d)(1): R. (1969) 3:22-4; paragraph (d)(2): R. (1969) 3:22-5; paragraph (e): R. (1969) 3:22-6(a),(c),(d); paragraph (f)(1): R. (1969) 3:22-7; paragraph (f)(2): R. (1969) 3:22-8; paragraph (f)(3): R. (1969) 3:22-9; paragraph (f)(4): R. (1969) 3:22-10; paragraph (f)(5): R. (1969) 3:22-11. Adopted October 6, 1997 to be effective February 1, 1998; new subparagraph (f)(2)(G) and new paragraph (g) adopted June 15, 2007 to be effective September 1, 2007; paragraph (g)(2) amended July 16, 2009 to be effective September 1, 2009; paragraph (g)(2) caption and text amended August 7, 2019 to be effective immediately; paragraph (g) caption amended, subparagraph (g)(1) and (g)(3) amended, new subparagraph (g)(4) added, and former subparagraph (g)(4) redesignated as subparagraph (g)(5) August 4, 2023 to be effective September 1, 2023.
7:11-Summary Proceedings For Collection of Statutory Penalties [Deleted]
7:12-Trial of Traffic Offenses
- 7:12-1-Trial Date; Adjournment
  The date fixed for the trial of any traffic offense shall be not less than five days from the date of its commission unless the defendant, having been informed of the right to such trial date, waives it and the court in its discretion fixes an earlier date. If a hearing is adjourned, the court shall inform the defendant of the adjourned date and of the consequences of failure to appear on that adjourned date.
  Note: Source-R.R. (1969) 7:6-4. Adopted October 6, 1997 to be effective February 1, 1998; amended July 29, 2019 to be effective September 1, 2019.
- 7:12-2-Calendar Parts; Sessions
- 7:12-3-Pleas of Not Guilty and Pleas of Guilty by Mail or in an Electronic System in Certain Traffic or Parking Offenses
  Entry of Pleas by Mail or in an Electronic System; Limitations. In all traffic or parking offenses, except as limited below, the judge may permit the defendant to enter a guilty or not guilty plea and submit a defense for use at trial by mail or in an electronic system approved by the Administrative Director of the Courts This procedure shall not be available in the following types of cases:
  
  traffic offenses or parking offenses that require the imposition of a mandatory loss of driving privileges on conviction;
  
  traffic offenses or parking offenses involving an accident that resulted in personal injury to anyone other than the defendant;
  
  traffic offenses or parking offenses that are related to non-traffic matters that are not resolved;
  
  any other traffic offense or parking offense when excusing the defendant's appearance in municipal court would not be in the interest of justice.
  
  Plea of Guilty by Mail or in the Electronic System – Acknowledgments, Waiver and Certification.
  
  In those cases in which a defendant may enter a plea of guilty to a traffic offense or parking offense by mail or in the electronic system, the plea shall include:
  
  an acknowledgment that the defendant committed the traffic violation or parking offense to which the defendant is pleading guilty and a factual basis for the plea;
  
  a waiver of the defendant's right to contest the case at a trial, the right to appear personally in court and, if unrepresented by an attorney, the right to be represented by an attorney;
  
  an acknowledgment by the defendant that the plea of guilty is being entered voluntarily with understanding of the nature of the charge and the consequences of the plea;
  
  In those cases in which an attorney submits a plea of guilty on behalf of the defendant through the electronic system, the plea shall include a certification signed by the defendant that recites the terms of the plea; specifies that the defendant has reviewed those terms; establishes a factual basis for the plea; and establishes that the plea of guilty is being entered voluntarily with understanding of the nature of the charge and the consequences of the plea.
  
  A plea of guilty to a traffic offense or parking offense by mail or in the electronic system may also include a statement for the court to consider when determining the appropriate sentence.
  
  Plea of Not Guilty by Mail or in the Electronic System.
  
  In those cases in which a defendant may enter a plea of not guilty to a traffic offense or parking offense and submit any defense to the charge(s) by mail or in the electronic system, the not guilty plea and defense shall include the following:
  
  A waiver of the defendant's right to appear personally in court to contest the charge(s) and, if unrepresented by an attorney, a waiver of the right to be represented by an attorney;
  
  Any factual or legal defenses that the defendant would like the court to consider;
  
  A defense to a traffic offense or parking offense submitted by mail or in the electronic system may also include a statement for the court to consider when deciding on the appropriate sentence in the event of a finding of guilty.
  
  Forms. Any forms necessary to implement the provisions of this rule shall be approved by the Administrative Director of the Courts.
  
  Scheduling and Judgment.
  
  For guilty pleas submitted in the electronic system in matters that require review by the municipal prosecutor, the court shall enter the disposition in the electronic system. The matter may be scheduled for disposition on the record in open court at the discretion of the municipal court judge.
  
  For not guilty pleas submitted in the electronic system in matters that require review by the municipal prosecutor, the court shall schedule the matter to be heard on the record in open court.
  
  For not guilty and guilty pleas submitted on a manual plea by mail form or in the electronic system that do not involve the municipal prosecutor’s review, the court shall schedule the matter to be heard on the record in open court.
  
  The court shall send a copy of its decision by ordinary mail or through the electronic system to the defendant, the complaining witness, and attorneys who have entered an appearance.
  Note: Source - R. (1969) 7:6-6. Adopted October 6, 1997 to be effective February 1, 1998; caption amended, paragraph (a) caption and text amended, former paragraph (b) amended and redesignated as paragraph (c), and new paragraph (b) adopted July 28, 2004 to be effective September 1, 2004; caption of rule amended, captions and text of former paragraphs (a) and (b) deleted, former paragraph (c) redesignated as paragraph (e) and amended, and new paragraphs (a), (b), (c), and (d) adopted June 15, 2007 to be effective September 1, 2007; paragraph (a) amended July 16, 2009 to be effective September 1, 2009; paragraph (a) amended July 9, 2013 to be effective September 1, 2013; caption amended, caption and text of paragraph (a) amended, paragraphs (a) (b) (c) caption and text amended, paragraph (e) caption amended and text replaced July 30, 2021 to be effective September 1, 2021.
- 7:12-4-Violations Bureau; Designation; Functions
  Establishment. If the court determines that the efficient disposition of its business and the convenience of defendants so requires, it may establish a violations bureau and designate the violations clerk. The violations clerk may be the municipal court administrator, the deputy court administrator, other employee of the court, or, with the prior approval of the Supreme Court, any other appropriate official or employee of the municipality, except any elected official or any officer or employee of a police department in the municipality in which the court is held. If no municipal official or employee of the municipality is available, any other suitable and responsible person may be appointed subject to the prior approval of the Supreme Court. The judge designated to preside over a joint or central municipal court may establish a violations bureau. The violations clerk may be the municipal court administrator, the deputy court administrator, other employee of the joint or central municipal court, or, with the prior approval of the Supreme Court, any other appropriate official or employee of the municipality in the instance of a central municipal court or of any of the municipalities comprising the joint municipal court, except any elected official or any officer or employee of a police department in the municipality in which the court is held. If no such municipal official or employee is available, any other suitable and responsible person may be appointed subject to the prior approval of the Supreme Court. The violations clerk shall accept appearances, waiver of trial, pleas of guilty and payments of fines and costs in nonindictable offenses, subject to the limitations as provided by law or Part VII of the Rules of Court or the Statewide Violations Bureau Schedule approved by the Administrative Director of the Courts. The violations clerk shall serve under the direction and control of the designating court.
  
  Location. Whenever practical, the violations bureau shall be in a public building. The location shall be designated by the court subject to the approval of the Administrative Director of the Courts, and the violations clerk shall take pleas and accept payment of fines and costs only at such location. An appropriate sign reading "Violations Bureau, __________ Municipal Court" shall be posted at the entrance to the violations bureau.
  
  Designated Offenses; Schedule of Penalties. The court shall establish by order a "Local Supplemental Violations Bureau Schedule", which may from time to time be amended, supplemented or repealed, designating the non-indictable offenses within the authority of the violations clerk, provided that such offenses shall not include:
  non-parking traffic offenses requiring an increased penalty for a subsequent violation;
  
  offenses involving traffic accidents resulting in personal injury;
  
  operation of a motor vehicle while under the influence of intoxicating liquor or a narcotic or habit-producing drug or permitting another person who is under such influence to operate a motor vehicle owned by the defendant or in his or her custody or control;
  
  reckless driving;
  
  careless driving where there has been an accident resulting in personal injury;
  
  leaving the scene of an accident;
  
  driving while on the revoked list; or
  
  driving without a valid driver's license.
  
  The Local Supplemental Violations Bureau Schedule shall be submitted to and approved by the Assignment Judge of the county in which the court is located. It shall specify the amount of fines, costs and statutory penalties to be imposed for each offense within the authority of the violations clerk, including, in the discretion of the court, higher fines, costs and penalties for second and subsequent offenses, provided such fines, costs and penalties are within the limits declared by statute or ordinance. The Statewide Violations Bureau Schedule and the Local Supplemental Violations Bureau Schedule shall be posted for public view at the violations bureau.
  Plea and Payment of Fines, Costs and Penalties. A person charged with an offense within the authority of the violations clerk, may, upon ascertaining the fines, costs and penalties established by the Statewide Violations Bureau Schedule or Local Supplemental Violations Bureau Schedule for the offense charged, pay the same, either by mail or in person, to the violations clerk on or before the return date of the summons, provided that when the summons is marked to indicate that a court appearance is required, payment may not be made to the violations clerk even though the offense is on the Statewide Violations Bureau Schedule or Local Supplemental Violations Bureau Schedule. The tender of payment for an offense to the Violations Bureau, without a signed guilty plea and waiver, may be accepted by the clerk, and shall have the effect of a guilty plea. The court may process the payment and enter a guilty finding to the offense on its records. That finding shall be subject to being reopened subject to R. 7:10-1, in the court's discretion, on motion by either the court or the defendant. If the defendant is a corporation, partnership or unincorporated association, the plea and waiver may be signed or payment may be made on its behalf by any of its agents or employees. The court in its discretion may authorize the violations clerk to accept such plea and payment after the return date of the summons.
  Note: Source-Paragraph (a): R. (1969) 7:7-1; paragraph (b): R. (1969) 7:7-2; paragraph (c): R. (1969) 7:7-3; paragraph (d): R. (1969) 7:7-4. Adopted October 6, 1997 to be effective February 1, 1998; paragraph (d) amended July 5, 2000 to be effective September 5, 2000; paragraph (a) amended June 15, 2007 to be effective September 1, 2007; paragraph (a) amended July 16, 2019 to be effective immediately.
7:13-Appeals
- 7:13-1-Appeals
  Appeals shall be taken in accordance with R. 3:23, 3:24, and 4:74-3, and in extraordinary cases and in the interest of justice, in accordance with R. 2:2-3(c).
  Note: Source – R. (1969) 7:8-1. Adopted October 6, 1997 to be effective February 1, 1998; amended July 28, 2004 to be effective September 1, 2002; amended July 19, 2012 to be effective September 4, 2012; amended August 5, 2022 to be effective September 1, 2022.
- 7:13-2-Stay
  Notwithstanding R. 3:23-5, a sentence or a portion of a sentence may be stayed by the court in which the conviction was had or to which the appeal is taken on such terms as the court deems appropriate.
  Note: Source-R.R. (1969) 7:8-2. Adopted October 6, 1997 to be effective February 1, 1998; amended June 15, 2007 to be effective September 1, 2007.
- 7:13-3-Reversal; Remission of Fine and Costs
  A fine or a fine and costs paid pursuant to a judgment of conviction and disbursed by the court in accordance with R. 7:14-4(a) shall be remitted by the recipient of that money to the defendant or defendant's attorney upon service on the recipient of a copy of the order reversing the judgment.
  Note: Source-R.R. (1969) 7:8-3. Adopted October 6, 1997 to be effective February 1, 1998.
7:14-General Provisions; Administration
- 7:14-1-Opening Statement
- 7:14-2-Amendment of Process or Pleading
- 7:14-3-Court Calendar
- 7:14-4-Financial Control
- 7:14-5-Oath of Municipal Court Judge
  Before entering upon the duties of the office, the oath of office of a municipal court judge shall be taken before a judge of the Superior Court. The original shall be filed with the municipal court administrator and a copy of the original filed with the Administrative Director of the Courts.
  Note: Source-R.R. (1969) 7:10-5. Adopted October 6, 1997 to be effective February 1, 1998.
8:1-Scope: Applicability
8:2-Review Jurisdiction
1. General Jurisdiction. The Tax Court shall have initial review jurisdiction of all final decisions including any act, action, proceeding, ruling, decision, order or judgment including the promulgation of any rule or regulation of a County Board of Taxation, the Director of the Division of Taxation, any other state agency or official (including the Motor Vehicle Commission), or any county or municipal official with respect to a tax matter (including the realty transfer fee). The Tax Court shall have initial jurisdiction to review those local property tax assessments when review is sought pursuant to N.J.S.A. 54:51A-2 (direct review in the Tax Court of certain appeals). The Tax Court shall also have jurisdiction over any action cognizable in the Superior Court that raises any issue as to which expertise in taxation is desirable and that has been transferred to the Tax Court pursuant to Rule 4:3-4(a).
2. Interlocutory Review. If a final decision or action of an agency or officer is reviewable by the Tax Court, an application may be made to it by an aggrieved party for leave to review an interlocutory order of such agency or officer in the manner prescribed by R. 3:24, insofar as applicable. Notice of the application shall be given by the party seeking review to all other parties in interest.
3. Exhaustion of Remedies Before County Board of Taxation. Except as otherwise provided by N.J.S.A. 54:3-21 (direct review of certain assessments to the Tax Court), N.J.S.A. 54:4-63.11 (direct review when the original assessment plus the full added assessment before any monthly proration exceeds $750,000), N.J.S.A. 54:4-63.39 (direct review when the original assessment, if any, plus the full omitted assessment before any monthly proration exceeds $750,000), or N.J.S.A. 54:51A-7 (complaint for correction of error), no action to review a local property tax assessment may be maintained unless an action has been instituted before the County Board of Taxation.
Note: Adopted June 20, 1979 to be effective July 1, 1979. Paragraphs (a) and (c) amended July 8, 1980 to be effective July 15, 1980; paragraph (c) amended July 22, 1983 to be effective September 12, 1983; paragraph (a) amended July 26, 1984 to be effective September 10, 1984; paragraph (a) amended July 10, 1998, to be effective September 1, 1998; paragraph (c) amended July 27, 2006 to be effective September 1, 2006; paragraph (a) amended July 9, 2008 to be effective September 1, 2008.

1:10-1-Summary Contempt in Presence of Court
A judge conducting a judicial proceeding may adjudicate contempt summarily without an order to show cause if:
1. the conduct has obstructed, or if continued would obstruct, the proceeding;
2. the conduct occurred in the actual presence of the judge, and was actually seen or heard by the judge;
3. the character of the conduct or its continuation after an appropriate warning unmistakably demonstrates its willfulness;
4. immediate adjudication is necessary to permit the proceeding to continue in an orderly and proper manner; and
5. the judge has afforded the alleged contemnor an immediate opportunity to respond.
The order of contempt shall recite the facts and contain a certification by the judge that he or she saw or heard the conduct constituting the contempt and that the contemnor was willfully contumacious. Punishment may be determined forthwith or deferred. Execution of sentence shall be stayed for five days following imposition and, if an appeal is taken, during the pendency of the appeal, provided, however, that the judge may require bail if reasonably necessary to assure the contemnor's appearance.
Note: Source-R.R. 4:87-1, 8:8; amended July 13, 1994 to be effective September 1, 1994.
1:10-2-Summary Contempt Proceedings on Order to Show Cause or Order for Arrest
1. Institution of Proceedings. Every summary proceeding to punish for contempt other than proceedings under R. 1:10-1 shall be on notice and instituted only by the court upon an order for arrest or an order to show cause specifying the acts or omissions alleged to have been contumacious. The proceedings shall be captioned "In the Matter of ______ Charged with Contempt of Court."
2. Release Pending Hearings. A person charged with contempt under R. 1:10-2 shall be released on his or her own recognizance pending the hearing unless the judge determines that bail is reasonably necessary to assure appearance. The amount and sufficiency of bail shall be reviewable by a single judge of the Appellate Division.
3. Prosecution and Trial. A proceeding under R. 1:10-2 may be prosecuted on behalf of the court only by the Attorney General, the County Prosecutor of the county or, where the court for good cause designates an attorney, then by the attorney so designated. The matter shall not be heard by the judge who instituted the prosecution if the appearance of objectivity requires trial by another judge. Unless there is a right to a trial by jury, the court in its discretion may try the matter without a jury. If there is an adjudication of contempt, the provisions of R. 1:10-1 as to stay of execution of sentence shall apply.
Note: Source-R.R. 4:87-2; former R. 1:10-2 redesignated R. 1:10-2(a), former R. 1:10-3 amended, recaptioned and redesignated R. 1:10-2(b) and former R. 1:10-4 amended, recaptioned and redesignated R. 1:10-2(c) July 13, 1994 to be effective September 1, 1994.

1:12-Disqualification And Disability Of Judges
- 1:12-1-Cause for Disqualification; On the Court's Motion
  The judge of any court shall be disqualified on the court's own motion and shall not sit in any matter, if the judge
  is by blood or marriage the second cousin of or is more closely related to any party to the action;
  
  is by blood or marriage the first cousin of or is more closely related to any attorney in the action. This proscription shall extend to the partners, employers, employees or office associates of any such attorney except where the Chief Justice for good cause otherwise permits;
  
  has been attorney of record or counsel in the action;
  
  has given an opinion upon a matter in question in the action;
  
  is interested in the event of the action;
  
  has discussed or negotiated his or her post-retirement employment with any party, attorney or law firm involved in the matter; or
  
  when there is any other reason which might preclude a fair and unbiased hearing and judgment, or which might reasonably lead counsel or the parties to believe so.
  Paragraphs (c), (d) and (e) shall not prevent a judge from sitting because of having given an opinion in another action in which the same matter in controversy came in question or given an opinion on any question in controversy in the pending action in the course of previous proceedings therein, or because the board of chosen freeholders of a county or the municipality in which the judge resides or is liable to be taxed are or may be parties to the record or otherwise interested.
  Note: Source – R.R. 1:25B(a); introductory paragraph, paragraph (d) and concluding paragraph amended July 13, 1994 to be effective September 1, 1994; paragraphs (c), (d) and (e) amended, former paragraph (f) redesignated as paragraph (g), and new paragraph (f) adopted July 19, 2012 to be effective September 4, 2012.
- 1:12-2-Disqualification on Party's Motion
  Any party, on motion made to the judge before trial or argument and stating the reasons therefor, may seek that judge's disqualification.
  Note: Source-R.R. 1:25B(b); amended June 28, 1996 to be effective September 1, 1996.
- 1:12-3-Proceedings in the Trial Courts in the Event of Disqualification or Inability
  Before or After Trial; Designation. In the event of the disqualification or inability for any reason of a judge to hear any pending matter before or after trial, another judge of the court in which the matter is pending or a judge temporarily assigned to hear the matter shall be designated by the Chief Justice or by the Assignment Judge of the county where the matter is pending except that in the municipal court the Assignment Judge shall designate the acting judge and in the Tax Court the Chief Justice or the Presiding Judge of the Tax Court shall designate another Tax Court judge.
  
  During Trial. If a judge is prevented during a trial from continuing to preside therein, another judge may be designated to complete the trial as if having presided from its commencement, provided, however, that the substituted judge is able to become familiar with the proceedings and all of the testimony therein through a complete transcript thereof.
  
  Disposition in the Interest of Justice. No substituted judge shall continue the trial in any matter pursuant to this rule unless satisfied, under the circumstances, that the judicial duties can fairly be discharged. If not so satisfied, the substituted judge shall make such disposition as the circumstances warrant, as where trial has taken place, by ordering a new trial or, in a case tried without a jury, by directing the recall of any witness.
  Note: Source-R.R. 3:7-4(a), (b), (c), 4:65, 6:2-1(b), 8:7-9, 8:13-2; paragraph (a) amended November 27, 1974 to be effective April 1, 1975; paragraph (a) amended June 20, 1979 to be effective July 1, 1979; paragraphs (b) and (c) amended July 13, 1994 to be effective September 1, 1994.

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