Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Friday, September 1, 2017

Expungement of pot and other criminal charges

Rule 3:4-2. First Appearance After Filing Complaint revised

Rule 3:4-2. First Appearance After Filing Complaint
(a) Time of First Appearance. Following the filing of a complaint the defendant
shall be brought before a judge for a first appearance as provided in this Rule.
(1) If the defendant remains in custody, the first appearance shall occur
within 48 hours of a defendant’s commitment to the county jail, and shall be before a
judge with authority to set conditions of release for the offenses charged. However, if a
motion for pretrial detention is filed at or prior to the first appearance for a person
charged with homicide, the judge designated to preside over the centralized first
appearance may conduct that proceeding in accordance with this Rule, except that
conditions of pretrial release shall not be set.
(2) If a defendant is released on a complaint-summons, the first
appearance shall be held no more than 60 days after the issuance of the complaintsummons
or the defendant's arrest.
(b) First Appearance; Where Held. All first appearances for indictable
offenses shall occur at a centralized location and before a judge designated by the
Chief Justice. If the defendant is unrepresented at the first appearance, the court is
authorized to assign the Office of the Public Defender to represent the defendant for
purposes of the first appearance.
(c) Procedure in Indictable Offenses. At the defendant's first appearance
before a judge, if the defendant is charged with an indictable offense, the judge shall:
(1) give the defendant a copy of the complaint, discovery as provided in
subsections (A) and (B) below, and inform the defendant of the charge;
(A) if the prosecutor is not seeking pretrial detention, the prosecutor shall
provide the defendant with a copy of any available preliminary law enforcement incident
report concerning the offense and the affidavit of probable cause;
(B) if the prosecutor is seeking pretrial detention, the prosecutor shall
provide the defendant with (i) the discovery listed in subsection (A) above, (ii) all
statements or reports relating to the affidavit of probable cause, (iii) all statements or
reports relating to additional evidence the State relies on to establish probable cause at
the hearing, (iv) all statements or reports relating to the factors listed in N.J.S.A. 2A:162-
18(a)(1) that the State advances at the hearing, and (v) all exculpatory evidence.
(2) inform the defendant of the right to remain silent and that any
statement may be used against the defendant;
(3) inform the defendant of the right to retain counsel and, if indigent, the
right to be represented by the public defender;
(4) ask the defendant specifically whether he or she wants counsel and
record the defendant's answer on the complaint;
(5) provide the defendant who asserts indigence with an application for
public defender services, which the defendant shall complete and submit at that time for
immediate processing by the court, unless the defendant affirmatively and knowingly
waives the right to counsel;
(6) inform the defendant that there is a pretrial intervention program and
where and how an application to it may be made;
(7) inform the defendant that there is a drug court program and where and
how to make an application to that program;
(8) inform the defendant of his or her right to have a hearing as to
probable cause and of his or her right to indictment by the grand jury and trial by jury,
and if the offense charged may be tried by the court upon waiver of indictment and trial
by jury, the court shall so inform the defendant. All such waivers shall be in writing,
signed by the defendant, and shall be filed and entered on the docket. If the complaint
charges an indictable offense which cannot be tried by the court on waiver, it shall not
ask for or accept a plea to the offense; and,
(9) set conditions of pretrial release, when appropriate as provided in
Rule 3:26;
(10) schedule a pre-indictment disposition conference to occur no later
than 45 days after the date of the first appearance; and
(11) in those cases in which the prosecutor has filed a motion for an order
of pretrial detention pursuant to R. 3:4A, set the date and time for the required hearing
and inform the defendant of his or her right to seek a continuance of such hearing.
(d) Procedure in Non-Indictable Offenses. At the defendant's first appearance
before a judge, if the defendant is charged with a non-indictable offense, the judge shall:
(1) give the defendant a copy of the complaint and inform the defendant of
the charge;
(2) inform the defendant of the right to remain silent and that any
statement may be used against the defendant;
(3) inform the defendant of the right to retain counsel and, if indigent and
entitled by law to the appointment of counsel, the right to be represented by a public
defender or assigned counsel;
(4) assign counsel, if the defendant is indigent and entitled by law to the
appointment of counsel, and does not affirmatively, and with understanding, waive the
right to counsel; and
(5) set conditions of pretrial release as provided in Rule 3:26 if the
defendant has been committed to the county jail.
(e) Trial of Indictable Offenses in Municipal Court. If a defendant who is
charged with an indictable offense that may be tried in Municipal Court is brought before
a Municipal Court, that court may try the matter provided that the defendant waives the
rights to indictment and trial by jury. The waivers shall be in writing, signed by the
defendant, and approved by the county prosecutor, and retained by the Municipal Court.
(f) Waiver of First Appearance By Written Statement. Unless otherwise
ordered by the court, a defendant charged on a complaint-summons (CDR-1) for an
indictable offense and who is represented by an attorney and is not incarcerated may
waive the first appearance by electronically filing, at or before the time fixed for the first
appearance, a written statement in a form prescribed by the Administrative Director of
the Courts, signed by the attorney, certifying that the defendant has:
(1) received a copy of the complaint and has read it or the attorney has
read it and explained it to the defendant;
(2) understands the substance of the charge;
(3) been informed of the right to remain silent and that any statement may
be used against the defendant;
(4) been informed that there is a pretrial intervention program and where
and how an application to it may be made;
(5) been informed of the right to have a hearing as to probable cause, the
right to indictment by the grand jury and trial by jury, and if applicable, that the offense
charged may be tried by the court upon waiver of indictment and trial by jury, if in writing
and signed by the defendant;
(6) been informed of the date of the pre-indictment disposition conference
held pursuant to Rule 3:4-6, which shall occur no later than 45 days after the date of the
first appearance; and
(7) been informed that there is a drug court program and where and how
to make an application to that program.
The written statement waiving the first appearance shall be electronically
filed with the court, and notification provided to the County Prosecutor or the Attorney
General, if the Attorney General is the prosecuting attorney.
 Note: Source -- R.R. 3:2-3(b), 8:4-2 (second sentence). Amended July 7, 1971 effective September 13,
1971; amended April 1, 1974 effective immediately; text of former Rule 3:4-2 amended and redesignated
paragraphs (a) and (b) and text of former Rule 3:27-1 and -2 amended and incorporated into Rule 3:4-2,
July 13, 1994 to be effective January 1, 1995; paragraphs (a) and (b) amended June 28, 1996 to be
effective September 1, 1996; paragraph (b) amended January 5, 1998 to be effective February 1, 1998;
caption amended, paragraphs (a) and (b) deleted, new paragraphs (a), (b), (c), and (d) adopted July 5,
2000 to be effective September 5, 2000; new paragraph (e) adopted July 21, 2011 to be effective
September 1, 2011; paragraph (a) amended, new paragraph (b) added, former paragraphs (b), (c), and
(e) amended and redesignated as paragraphs (c), (d), and (f), and former paragraph (d) redesignated as
paragraph (e) April 12, 2016 to be effective September 1, 2016; paragraphs (a) and (b) amended,
subparagraph (c)(1) amended, new subparagraphs (c)(1)(A) and (c)(1)(B) adopted, subparagraphs (c)(9)
and (c)(10) amended, new subparagraph (c)(11) adopted, subparagraphs (d)(3) and (d)(4) amended, and
new subparagraph (d)(5) adopted August 30, 2016 to be effective January 1, 2017; paragraph (a)
amended December 6, 2016 to be effective January 1, 2017; subparagraph (c)(1) amended May 10,
2017 to be effective immediately; paragraph (f) amended July 28, 2017 to be effective September 1,

2017

Rule 1:38-3. Court Records Excluded from Public Access revised

Rule 1:38-3. Court Records Excluded from Public Access
The following court records are excluded from public access:
(a) General.
Records required to be kept confidential by statute, rule, or prior case law consistent
with this rule, unless otherwise ordered by a court. These records remain confidential
even when attached to a non-confidential document.
(b) Internal Records.
(1) Notes, memoranda, draft opinions, or other working papers maintained in
any form by or for the use of a justice, judge, or judiciary staff member in the course of
performing official duties, except those notes, not otherwise excluded from public access
under this rule, that are required by rule or law, e.g., R. 7:2-1(e), to be taken as part of the
record of the proceeding;
(2) Records of consultative, advisory, or deliberative discussions pertaining
to the rendering of decisions or the management of cases; and support data maintained or
created by the judiciary for use in reporting aggregate data for the purpose of statistics.
(c) Records of Criminal and Municipal Court Proceedings.
(1) Discovery materials provided to the Criminal Division Manager's office by
the prosecutor pursuant to R. 3:9-1 and R. 3:13-3;
(2) Writs to produce prisoners pending execution of the writ;
(3) Indictments sealed pursuant to R. 3:6-8(a);
(4) Records relating to grand jury proceedings pursuant to R. 3:6-7 except as
provided by R. 3:6-6(b) and R. 3:6-9(d);
(5) Records relating to participants in drug court programs and programs
approved for operation under R. 3:28 (Pre-trial Intervention), and reports made for a court
or prosecuting attorney pertaining to persons enrolled in or applications for enrollment in
such programs, but not the fact of enrollment and the enrollment conditions imposed by
the court;
(6) Victim statements unless placed on the record at a public proceeding;
(7) Expunged records pursuant to N.J.S.A. 2C:52-15;
(8) Reports of the Diagnostic Center to the extent provided under R. 3:21-3;
(9) Records relating to child victims of sexual assault or abuse pursuant to
N.J.S.A. 2A:82-46;
(10) Search warrants pursuant to Rule 3:5-4 and the affidavit or testimony
upon which a warrant is based, except as provided in Rules 3:5-6(c) and 3:13-3;
(11) Documents, records and transcripts related to proceedings and hearings
required by the Supreme Court pursuant to Doe v. Poritz, 142 N.J. 1, 39 (1995), or
subsequent orders of the Court;
(12) Names and addresses of victims or alleged victims of domestic violence
or sexual offenses.
(d) Records of Family Part Proceedings.
(1) Family Case Information Statements required by R. 5:5-2, notices
required by R. 5:5-10 including requisite financial, custody and parenting plans, Financial
Statements in Summary Support Actions required by R. 5:5-3 including all attachments,
and settlement agreements incorporated into judgments or orders in dissolution and nondissolution
actions;
(2) Confidential Litigant Information Sheets pursuant to R. 5:4-2(g) and
Affidavits or Certifications of Insurance Coverage pursuant to R. 5:4-2(f);
(3) Medical, psychiatric, psychological, and alcohol and drug dependency
records, reports, and evaluations in matters related to child support, child custody, or
parenting time determinations;
(4) Documents, records and transcripts related to proceedings and hearings
required by the Supreme Court pursuant to Doe v. Poritz, 142 N.J. 1, 39 (1995), or
subsequent orders of the Court;
(5) Juvenile delinquency records and reports pursuant to R. 5:19-2 and
N.J.S.A. 2A:4A-60;
(6) Records of Juvenile Conference Committees to the extent provided under
R. 5:25-1(e);
(7) Expunged juvenile records pursuant to N.J.S.A. 2A:4A-62 f. and 2C:52-
15;
(8) Sealed juvenile records pursuant to N.J.S.A. 2A:4A-62;
(9) Domestic violence records and reports pursuant to N.J.S.A. 2C:25-33;
(10) Names and addresses of victims or alleged victims of domestic violence
or sexual offenses;
(11) Records relating to child victims of sexual assault or abuse pursuant to
N.J.S.A. 2A:82-46;
(12) Records relating to Division of Child Protection and Permanency
proceedings held pursuant to R. 5:12;
(13) Child custody evaluations, parenting time and visitation plans, reports,
and records pursuant to R. 5:8-4, R. 5:8-5, R. 5:8B, N.J.S.A. 9:2-1, or N.J.S.A. 9:2-3;
(14) Paternity records and reports, except for the final judgments or birth
certificates pursuant to N.J.S.A. 9:17-42;
(15) Records and reports relating to child placement matters pursuant to R.
5:13-8(a);
(16) Adoption records and reports pursuant to N.J.S.A. 9:3-52;
(17) Records of hearings on the welfare or status of a child, to the extent
provided under R. 5:3-2.
(e) Records of Guardianship Proceedings.
Guardianship records and reports maintained by the Surrogate and by the
Chancery Division, Probate Part, except the guardianship index, of which only the
following information shall be available to an attorney-at-law of this state or to a title
examiner seeking access to such records in connection with transactions affecting
property of the ward: (1) minor's or incapacitated person's name, (2) name of the
municipality where the minor or incapacitated person resided when the guardianship was
created, (3) name of the guardian, (4) docket number, (5) date of the judgment appointing
the guardian, and (6) date of the guardian's qualification.
Further, an attorney-at-law or a title examiner requiring access to the guardianship
index in connection with a transaction affecting the property of the ward may inspect and
copy the following guardianship file documents: the guardianship judgment, the Letters of
Guardianship, and any subsequent order dealing with the powers or limitations of the
guardian, provided any financial information contained in these documents, including
information on the amount of the bond, is redacted prior to the documents being made
available for review or copying.
All guardianship records and reports, however, are available to the incapacitated
person and the minor upon reaching majority; the incapacitated person's spouse, civil
union partner, or domestic partner; the minor's or incapacitated person's parents and
siblings; any adult children of the incapacitated person; the guardian appointed in the
action; and any attorneys appearing in the guardianship action on behalf of these persons.
Appointed New Jersey Judiciary Guardianship Monitoring Program volunteers shall have
access to guardianship records and reports in those guardianship matters to which they
are assigned. Any other individual or entity seeking records must make a showing of a
special interest in the matter to the Assignment Judge or the Assignment Judge's
designee.
(f) Records of Other Proceedings.
(1) Records pertaining to mediation sessions and complementary dispute
resolution proceedings pursuant to R. 1:40-4(d) and R. 7:8-1, but not the fact that
mediation has occurred;
(2) Records and transcripts of civil commitment proceedings, civil
commitment expungement petitions and proceedings, and expunged civil commitment
records, pursuant to N.J.S.A. 30:4-24.3, N.J.S.A. 30:4-27.27(c), N.J.S.A. 30:4-80.8 - 80.11,
N.J.S.A. 30:4-82.4 h., R. 4:74-7, and R. 4:74-7A;
(3) Police investigative reports, unless admitted into evidence or submitted to
the court in support of a motion, brief, or other pleading;
(4) Records that are impounded, sealed pursuant to R. 1:38-11, or subject to
a protective order pursuant to R. 4:10-3;
(5) Criminal, Family, Municipal and Probation Division records pertaining to
any investigations and reports made by court staff or pursuant to court order for a court or
pertaining to persons on probation;
(6) Family, Finance and Probation Division records containing information
pertaining to persons receiving or ordered to pay child support, including the child(ren);
custodial parents; non-custodial parents; legal guardians; putative fathers; family members
and any other individuals for whom information may be collected and retained by the court
in connection with child support cases subject to Title IV-D of the Social Security Act, 42
U.S.C. § 651 et seq. and applicable state and federal statutes, but not the complaint or
orders in such cases;
(7) Records maintained by the Judiciary that contain identifying information
about a person who has or is suspected of having AIDS or HIV infection, pursuant to
N.J.S.A. 26:5C-7, except as provided in N.J.S.A. 26:5C-8 and -9;
(8) Records of appeals from the Division of Developmental Disabilities in
accordance with N.J.S.A. 30:4-24.3;
(9) Written requests by a crime victim, or if such a person is deceased or
incapacitated, a member of that person's immediate family, for a record to which the victim
is entitled pursuant to N.J.S.A. 47:1A-5(b)(2).
 Note: New Rule 1:38-3 adopted July 16, 2009 to be effective September 1, 2009; subparagraph (b)(1)
amended December 9, 2009 to be effective immediately; paragraphs (e) and (f) amended January 5, 2010 to
be effective immediately; subparagraph (c)(11) amended, subparagraph (c)(12) adopted, and subparagraph
(d)(10) amended February 16, 2010 to be effective immediately; subparagraph (d)(1) amended June 23,
2010 to be effective July 1, 2010; paragraph (e) amended October 26, 2010 to be effective immediately;
paragraph (e) amended February 28, 2013 to be effective immediately; subparagraph (d)(12) amended July
9, 2013 to be effective September 1, 2013; subparagraphs (f)(2) and (f)(5) amended, and new subparagraph
(f)(9) added December 9, 2014 to be effective immediately; subparagraph (d)(2) amended July 27, 2015 to
be effective September 1, 2015; subparagraph (b)(1) amended May 30, 2017 to be effective immediately;
paragraph (a) and subparagraphs (d)(1) and (d)(13) amended July 28, 2017 to be effective September 1,
2017.

Rule 1:9-1. For attendance of witnesses; forms; issuance; notice in lieu of subpoena REVISED

Rule 1:9-1. For attendance of witnesses; forms; issuance; notice in lieu of subpoena 

A subpoena may be issued by the clerk of the court or by an attorney or party in the name of the clerk or as provided by R. 7:7-8 (subpoenas in certain cases in the municipal court). It shall state the name of the court and the title of the action and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. If the witness is to testify in a criminal action for the State or an indigent defendant, or has been subpoenaed by a Law Guardian in an action brought by the Division of Child Protection and Permanency pursuant to Title 9 or Title 30 of the New Jersey Statutes, the subpoena shall so note, and shall contain an order to appear without the prepayment of any witness fee. The testimony of a party who could be subpoenaed may be compelled by a notice in lieu of subpoena served upon the party's attorney demanding that the attorney produce the client at trial. If the party is a corporation or other organization, the testimony of any person deposable on its behalf, under R. 4:14-2, may be compelled by like notice. The notice shall be served in accordance with R. 1:5-2 at least 5 days before trial. The sanctions of R. 1:2-4 shall apply to a failure to respond to a notice in lieu of a subpoena. 

Rule 1:5-6. Filing REVISED

Rule 1:5-6. Filing REVISED
(a) Time for Filing. In any trial court, unless otherwise stated, all papers required to
be served by R. 1:5-1 shall be filed with the court either before service or promptly
thereafter, unless the rule requiring service or filing provides otherwise. Whenever in these
rules provision is made for the publication, mailing or posting of notice, proof thereof shall
be filed with the court within 20 days after the publication or mailing or posting.
(b) What Constitutes Filing With the Court. Except as otherwise provided by R.
1:6-4 (motion papers), R. 1:6-5 (briefs), R. 4:42-1(e) (orders and judgments), and R. 5:5-4
(motions in Family actions), a paper is filed with the trial court if the original is filed as
follows:
(1) In civil actions in the Superior Court, Law Division, and in actions in the
Superior Court, Chancery Division, General Equity, except mortgage and tax foreclosure
actions, with the deputy clerk of the Superior Court in the county of venue;
(2) In criminal actions in the Superior Court, Law Division, with the Criminal
Division Manager in the county of venue, as designee of the deputy clerk of the Superior
Court;
(3) In mortgage and tax foreclosure actions, with the Clerk of the Superior
Court, unless and until the action is deemed contested and the papers have been sent by
the Clerk to the county of venue, in which event subsequent papers shall be filed with the
deputy clerk of the Superior Court in the county of venue;
(4) In actions in the Chancery Division, Family Part, with the deputy clerk of
the Superior Court in the county of venue if the action is a dissolution action, with the
Surrogate of the county of venue if the action is for adoption, and in all other actions, with
the Family Division Manager in the county of venue, as designee of the deputy clerk of the
Superior Court;
(5) In probate matters in the Surrogate's Court, with the Surrogate, and in
actions in the Chancery Division, Probate Part, with the Surrogate of the county of venue
as deputy clerk of the Superior Court;
(6) In actions of the Special Civil Part, as provided by Part VI of these rules;
(7) In actions in the Tax Court, as provided by Part VIII of these rules.
(8) In actions in the Municipal Courts, as provided by Part VII of these rules.
The foregoing notwithstanding, in any case the judge or, at the judge's chambers, a
member of the staff may accept papers for filing if they show the filing date and the judge's
name and office. The filed papers shall be forwarded forthwith to the appropriate office.
(c) Nonconforming Papers. The clerk shall file all papers presented for filing and
may notify the person filing if such papers do not conform to these rules, except that
(1) the paper shall be returned stamped "Received but not Filed (date)" if it is
presented for filing unaccompanied by any of the following:
(A) the required filing fee; or
(B) a completed Case Information Statement as required by R. 4:5-1 in the
form set forth in Appendices XII-B1 or XII-B2 to these rules; or
(C) in Family Part actions, the affidavit of insurance coverage required by R.
5:4-2(f), the Parents Education Program registration fee required by N.J.S.A. 2A:34-12.2,
the Affidavit of Verification and Non-Collusion as required by R. 5:4-2(c), the Confidential
Litigant Information Sheet as required by R. 5:4-2(g) in the form prescribed by the
Administrative Director of the Courts, the Affidavit or Certification of Notification of
Complementary Dispute Resolution Alternatives as required by R. 5:4-2(h) in the form
prescribed in Appendix XXVII-A or XXVII-B of these rules, or the kinship caregiver
assessment required in the kinship legal guardianship petition pursuant to N.J.S.A.
3B:12A-5(b); in non-dissolution actions, a verified complaint/counterclaim form or a
completed supplemental form appended to a non-conforming complaint as required by R.
5:4-2(i); or
(D) the signature of an attorney permitted to practice law in this State
pursuant to R. 1:21-1 or the signature of a party appearing pro se, provided, however, that
a pro se appearance is provided for by these rules; or
(E) a certification of title search as required by R. 4:64-1(a)(1) and the
certifications of diligent inquiry and of accuracy as required by R. 4:64-1(a)(2) and (3).
If a paper is returned under this rule, it shall be accompanied by a notice advising
that if the paper is retransmitted together with the required signature, document or fee, as
appropriate, within ten days after the date of the clerk's notice, filing will be deemed to
have been made on the stamped receipt date.
(2) if an answer is presented by a defendant against whom default has been
entered, the clerk shall return the same stamped "Received but not Filed (date)" with
notice that the defendant may move to vacate the default.
(3) a demand for trial de novo may be rejected and returned if not filed within
the time prescribed in R. 4:21A-6 or if it is submitted for filing by a party in default or whose
answer has been suppressed.
(4) a paper shall be returned stamped "Received but not Filed (date)" if it
does not conform to the requirements of R. 1:4-9 with notice that if the document is
retransmitted on conforming paper within 10 days after the date of the clerk's notice, filing
will be deemed to have been made on the stamped receipt date.
(d) Misfiled Papers. If papers are sent to the wrong filing office, they shall be
stamped "Received but not Filed (date)" and transmitted by that office to the proper filing
office and a notice shall be sent by the transmitting office to the filer of the paper advising
of the transmittal. The stamped received date shall be deemed to be the date of filing.
(e) Attorneys Answerable for Clerk's Fees. The attorney of record in every action

shall be answerable for the clerk's lawful fees and charges.

Wednesday, August 30, 2017

STorm certification and private prosecutors

Failure of Private Prosecutor to Submit Storm Certification Requires Dismissal State v. Valentine 373 NJ Super. ___
(App. Div. 2005)


Defendant sought reversal of his conviction of simple assault because the private attorney who prosecuted the case in municipal court failed to file a certification, required by R. 7:8-7(b), that would address the concerns expressed in State v. Storm, 141 N.J. 245 (1995), thus precluding the municipal judge from determining whether there was "good cause" for the private prosecution. The court rejected the state's argument that defendant's failure to show he was prejudiced may excuse this structural defect in the municipal proceedings, and reversed.

Tuesday, July 25, 2017

RULE 4:37. Dismissal Of Actions 4:37-1. Voluntary Dismissal; Effect Thereof


 RULE 4:37. Dismissal Of Actions 
4:37-1. Voluntary Dismissal; Effect Thereof 
(a) By Plaintiff; By Stipulation. Subject to the provisions of R. 4:32-2(e) (class actions), R. 4:53-1 (receivership actions) and R. 4:60-18 (attachment actions), an action may be dismissed by the plaintiff without court order by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs; or by filing a stipulation of dismissal specifying the claim or claims being dismissed, signed by all parties who have appeared in the action. Unless otherwise stated in the notice or stipulation, the dismissal is without prejudice. 
(b) By Order of Court. Except as provided by paragraph (a) hereof, an action shall be dismissed at the plaintiff's instance only by leave of court and upon such terms and conditions as the court deems appropriate. If a counterclaim has been filed and served by a defendant prior to being served with plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice. 


Note: Source -- R.R. 4:42-1(a)(b); paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended August 1, 2006 to be effective September 1, 2006.