Civil Court Rules and Jury Charges

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

Tuesday, August 18, 2009

4:70-2. Complaint; Verification; Process

(a) Complaint; Verification. The complaint, which shall be in writing and verified, shall specify (1) the person alleged to have violated the provision of statute for whose violation is imposed a penalty to be enforced in a summary manner; (2) the statute and provision thereof violated; and (3) the time, place and nature of such violation. If the proceeding is instituted by a governmental body or officer, the verification of the complaint may be made on information and belief by any person duly authorized to act on plaintiff's behalf.

(b) Process. The summons, which shall issue on the filing of the complaint, shall be signed and served by any person so authorized by statute or rule, including a law enforcement officer. A warrant may issue in lieu of a summons if authorized by the statute imposing the penalty, in which case the procedures prescribed by R. 3:2-3 and R. 3:3-3 shall apply. If the statute imposing the penalty authorizes arrest without a warrant for a violation committed within the view of a law enforcement officer, the officer making the arrest shall follow the procedures prescribed by R. 3:4-1(a). The Administrative Director of the Courts may prescribe forms of complaint, summons, and warrant for proceedings pursuant to this rule.