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.

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.

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. 

Metuchen Library Wills, Estate Planning & Probate Seminar

  Metuchen Library

Wills, Estate Planning & Probate Seminar

April 24 at 7:00pm Free community program

480 Middlesex Ave. Metuchen, NJ 08840

WILLS & ESTATE ADMINISTRATION-PROTECT YOUR

FAMILY AND MAKE PLANNING EASY

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ (Author- Wills and Estate Administration by the ABA)

       The NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.

Main Topics:

  2017 changes to NJ Estate Tax & changes to taxes on pensions

2. 2017changes in Federal Estate and Gift Tax 

3. The New Probate Law and preparation of Wills   

4. Power of Attorney  

5.  Living Will        

6.  Administering the Estate/ Probate/Surrogate   

You do not have to be a Metuchen resident to attend but

       COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

   Free but registration requested

(732 632-8526  ex 8528

http://www.metuchenlibrary.org

https://www.facebook.com/events/267535740332887/

Free Will Seminars and Speakers Bureau for Groups

        To schedule a Legal Seminars, contact our Coordinator, Kenneth Vercammen's law office at (732) 572-0500, email VercammenLaw@njlaws.com 

10 years ago the AARP Network Attorneys of the Edison/Metuchen/Woodbridge area several years ago established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. Now, Ken Vercammen, Esq. and volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups

Details on free programs available

These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available:

1. WILLS & ESTATE ADMINISTRATION-PROTECT YOUR FAMILY AND

MAKE PLANNING EASY

2. POWER OF ATTORNEY to permit family to pay your bills if you are temporarily disabled and permit doctors to talk with family

       All instructors are licensed attorneys who have been in practice at least 25 years. All instructors are members of the American Bar Association, New Jersey

State Bar Association, and Middlesex County Bar Association. All programs include free written materials.

       You don't have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law.

      Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy)?; Mechanics of a Will; "Living Will"; Powers of Attorney; Selecting an executor, trustee, and guardian; Proper Will execution; Inheritance Taxes, Estate Taxes $14,000 annual gift tax exclusion,  Bequests to charity, Why you need a "Self-Proving" Will and  Estate Administration/ Probate.

       Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights.

SPEAKERS BUREAU

        At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates. We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours.

In today's complex world, few people can function successfully and safely without competent legal advice. In order to insure your estate plans are legally set up, you need to know exactly where you stand so that you can avoid possibly catastrophic mistakes impacting both you and your family.

About the speaker: Kenneth A. Vercammen is a trial attorney in Edison, NJ. We is the author of the American Bar Association’s book “Wills and Estate Administration”

He is co-chair of the ABA Probate & Estate Planning Law Committee of the American Bar Association Solo Small Firm Division.  He is a speaker for the NJ State Bar Association at the annual Nuts & Bolts of Elder Law & Estate Administration program.

He was Editor of the ABA Estate Planning Probate Committee Newsletter. Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on litigation, elder law, probate and trial topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He established the NJlaws website www.njlaws.com which includes many articles on Estate Planning, Probate and Wills. He is a member of the AARP and often lectures to groups on the importance of an up to date Will, Power of Attorney and Living Will.

 KENNETH  VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

 (Fax)    732-572-0030

www.njlaws.com