Pursuant to N.J.S.A. 2A:84-33 and 2A:84A-36, thefollowing amendments to the following New Jersey Rules of Evidence are adopted to be effective July 1, 2005:
N.J.R.E. 101
N.J.R.E. 303
N.J.R.E. 404
N.J.R.E. 602
N.J.R.E. 705
N.J.R.E. 801
N.J.R.E. 803
N.J.R.E. 804
Rule 101. Scope; Definitions
(a) ... no change
(b) Definitions. As used in these rules, the following terms shall have the
meaning hereafter set forth unless the context otherwise indicates:
(1) ... no change
(2) "Burden of producing evidence" means the obligation of a party to introduce
evidence when necessary to avoid the risk of a judgment or peremptory finding against
[him] that party on an issue of fact.
(3) ... no change
(c) ... no change
Note: Adopted September 15, 1992 to be effective July 1, 1993; paragraph (b)(2)
amended September 15, 2004 to be effective July 1, 2005.
Rule 303. Presumptions Against the Accused in Criminal Cases
(a) ... no change
(b) ... no change
(c) Instructing the jury. Whenever the existence of a presumed fact against the
accused is submitted to the jury, the judge may instruct the jury that it may regard the
basic fact as sufficient evidence of the presumed fact but that it is not required to do so.
In addition, if the presumed fact establishes guilt or is an element of the offense, the
judge shall instruct the jury that its existence, on all of the evidence, must be proved
beyond a reasonable doubt. The judge shall not use the word "presumed" or
"presumption" in [his] instructions to the jury.
Note: Adopted September 15, 1992 to be effective July 1, 1993; paragraph (c) amended
September 15, 2004 to be effective July 1, 2005.
Rule 404. Character Evidence Not Admissible to Prove Conduct;
Exceptions; Other Crimes Evidence
(a) Character evidence generally. Evidence of a person's character or [a trait of
his] character trait, including a trait of care or skill or lack thereof, is not admissible for
the purpose of proving that the person acted in conformity therewith on a particular
occasion except:
(1) ... no change
(2) ... no change
(3) ... no change
(b) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is
not admissible to prove the disposition of a person in order to show that [he] such person
acted in conformity therewith. Such evidence may be admitted for other purposes, such
as proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence
of mistake or accident when such matters are relevant to a material issue in dispute.
(c) ... no change
Note: Adopted September 15, 1992 to be effective July 1, 1993; paragraphs (a) and (b)
amended September 15, 2004 to be effective July 1, 2005.
Rule 602. Lack of Personal Knowledge
Except as otherwise provided by Rule 703 (bases of opinion testimony by
experts), a witness may not testify to a matter unless evidence is introduced sufficient to
support a finding that the witness has personal knowledge of the matter. Evidence to
prove personal knowledge may, but need not, consist of the testimony of [the] that
witness [himself].
Note: Adopted September 15, 1992 to be effective July 1, 1993; amended September 15,
2004 to be effective July 1, 2005.
Rule 705. Disclosure of Facts or Data Underlying Expert Opinion;
Hypotheses Not Necessary
The expert may testify in terms of opinion or inference and give reasons therefor
without prior disclosure of the underlying facts or data, unless the court requires
otherwise. The expert may in any event be required to disclose the underlying facts or
data on cross-examination. Questions calling for the opinion of an expert witness need
not be hypothetical in form unless [the judge in his discretion so requires] in the judge’s
discretion it is so required.
Note: Adopted September 15, 1992 to be effective July 1, 1993; amended September 15,
2004 to be effective July 1, 2005.
Rule 801. Definitions
For purposes of this article, the following definitions apply:
(a) Statement. A "statement" is (1) an oral or written assertion or (2) nonverbal
conduct of a person if [it is intended by him] the person intends it as an assertion.
(b) ... no change
(c) ... no change
(d) ... no change
(e) ... no change
(f) ... no change
Note: Adopted September 15, 1992 to be effective July 1, 1993; paragraph (a) amended
September 15, 2004 to be effective July 1, 2005.
Rule 803. Hearsay Exceptions Not Dependent on Declarant’s Unavailability
The following statements are not excluded by the hearsay rule:
(a) ... no change
(b) ... no change
(c) Statements Not Dependent on Declarant’s Availability. Whether or not the
declarant is available as a witness:
(1) ... no change
(2) ... no change
(3) ... no change
(4) ... no change
(5) Recorded Recollection. A statement concerning a matter about which the
witness is unable to testify fully and accurately because of insufficient present
recollection if the statement is contained in a writing or other record which (A)
was made at a time when the fact recorded actually occurred or was fresh in the
memory of the witness, and (B) was made by the witness [himself] or under the
witness' direction or by some other person for the purpose of recording the
statement at the time it was made, and (C) the statement concerns a matter of
which the witness had knowledge when it was made, unless the circumstances
indicate that the statement is not trustworthy; provided that when the witness does
not remember part or all of the contents of a writing, the portion the witness does
not remember may be read into evidence but shall not be introduced as an exhibit
over objection.
(6) ... no change
(7) ... no change
(8) ... no change
(9) ... no change
(10) ... no change
(11) ... no change
(12) ... no change
(13) ... no change
(14) ... no change
(15) ... no change
(16) ... no change
(17) ... no change
(18) ... no change
(19) ... no change
(20) ... no change
(21) ... no change
(22) Judgments of Previous Conviction of Crime. In a civil proceeding, except
as otherwise provided by court order on acceptance of a plea, evidence of a final
judgment against a party adjudging [him] the party guilty of an indictable offense
in New Jersey or of an offense which would constitute an indictable offense if
committed in this state, as against that party, to prove any fact essential to sustain
the judgment.
(23) ... no change
(24) ... no change
(25) ... no change
(26) Judgments Against Persons Entitled to Indemnity. Subject to Rule 807 and
except in a proceeding brought under the Joint Tortfeasors Contribution Law,
N.J.S.A. 2A:53A-1 et seq., the record of a final judgment is admissible if offered
by the judgment debtor in an action in which [he] the debtor seeks to recover
partial or total indemnity or exoneration for money paid or a liability incurred
because of the judgment, as evidence of the liability of the judgment debtor, of the
facts on which the judgment is based, and of the reasonableness of the damages
recovered. If the defendant in the second action had notice of and opportunity to
defend the first action, the judgment is conclusive evidence.
(27) Statements by a Child Relating to a Sexual Offense. A statement by a child
under the age of 12 relating to sexual misconduct committed with or against that
child is admissible in a criminal, juvenile, or civil proceeding if (a) the proponent
of the statement makes known to the adverse party [his] an intention to offer the
statement and the particulars of the statement at such time as to provide [him] the
adverse party with a fair opportunity to prepare to meet it; (b) the court finds, in a
hearing conducted pursuant to Rule 104(a), that on the basis of the time, content
and circumstances of the statement there is a probability that the statement is
trustworthy; and (c) either (i) the child testifies at the proceeding, or (ii) the child
is unavailable as a witness and there is offered admissible evidence corroborating
the act of sexual abuse; provided that no child whose statement is to be offered in
evidence pursuant to this rule shall be disqualified to be a witness in such
proceeding by virtue of the requirements of Rule 601.
Note: Adopted September 15, 1992 to be effective July 1, 1993; paragraphs (c)(25) and
(c)(27) amended June 30, 1993 to be effective July 1, 1993; paragraphs (c)(5), (c)(22),
(c)(26), and (c)(27) amended September 15, 2004 to be effective July 1, 2005.
Rule 804. Hearsay Exceptions: Declarant Unavailable
(a) Definition of Unavailable. Except when the declarant's unavailability has
been procured or wrongfully caused by the proponent of [his] declarant's statement for
the purpose of preventing [him] declarant from attending or testifying, a declarant is
"unavailable" as a witness if [he] declarant:
(1) is exempted by ruling of the court on the ground of privilege from testifying
concerning the subject matter of the statement; or
(2) persists in refusing to testify concerning the subject matter of [his] the
statement despite an order of the court to do so; or
(3) testifies to a lack of memory of the subject matter of [his] the statement; or
(4) is absent from the hearing because of death, physical or mental illness or
infirmity, or other cause, and the proponent of the statement is unable by process
or other reasonable means to procure the declarant's attendance at trial, and, with
respect to statements proffered under Rules 804(b)(4) and (7), the proponent is
unable, without undue hardship or expense, to obtain [his] declarant's deposition
for use in lieu of testimony at trial.
(b) Hearsay Exceptions. Subject to Rule 807, the following are not excluded
by the hearsay rule if the declarant is unavailable as a witness.
(1) ... no change
(2) ... no change
(3) [Adopted in 1993 as Rule 803(c)(25).]
(4) ... no change
(5) [Not adopted.]
(6) Trustworthy statements by deceased declarants. In a civil proceeding, a
statement made by a person unavailable as a witness because of [his] death if the
statement was made in good faith upon [his] declarant's personal knowledge in
circumstances indicating that it is trustworthy.
(7) Voters’ Statements. A statement by a voter concerning [his or her] the
voter's qualifications to vote or the fact or content of [his] the vote.
Note: Adopted September 15, 1992 to be effective July 1, 1993; paragraphs (a)(5) and
(b)(8) deleted June 30, 1993 to be effective July 1, 1993; paragraphs (a) and (b) amended
September 15, 2004 to be effective July 1, 2005.
