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
