COURT RULE 3:10. PLEADINGS AND MOTIONS BEFORE TRIAL; DEFENSES AND OBJECTIONS 3:10-1. Pleadings and Motions
Pleadings in criminal actions shall consist only of the complaint, the indictment or accusation, and the plea. Any defense or objection capable of determination without trial of the general issue may be raised before trial by motion to dismiss or for other appropriate relief.
Note: Source-R.R. 3:5-5(a)(b)(1). 3:10-2. Time and Manner of Making Motion; Hearing on Motion
(a) Time and Manner of Making Motion. Unless otherwise required by law, pre-indictment motions shall be heard by the judge to whom the case is assigned. If the case has not been assigned to a judge pre-indictment motions shall be made to the Criminal Presiding Judge or designee, except as otherwise provided by law. Unless otherwise required by law, or ordered by the Criminal Presiding Judge, post-indictment motions shall be made to the judge to whom the indictment has been assigned. At the arraignment/status conference counsel shall advise the court of their intention to make motions. The dates for filing, briefing and for the hearing of such motions shall be set by the court at the arraignment/status conference. Unless otherwise ordered by the court, motions and status conferences shall be scheduled on the same day. The court may for good cause shown and in the interest of justice permit additional motions to be made thereafter. A motion shall include all defenses and objections then available to the defendant. (b) Hearing on Motion. A motion made before trial shall be determined before the trial memorandum is prepared and the trial date fixed, unless the court, for good cause, orders it deferred for determination at or after trial. (c) Defenses and Objections Which Must Be Raised Before Trial. The defense of double jeopardy and all other defenses and objections based on defects in the institution of the prosecution or in the indictment or accusation, except as otherwise provided by R. 3:10-2(d) (defenses which may be raised only before or after trial) and R. 3:10-2(e) (lack of jurisdiction), must be raised by motion before trial. Failure to so present any such defense constitutes a waiver thereof, but the court for good cause shown may grant relief from the waiver. (d) Defenses and Objections Which May Only Be Raised Before or After Trial. The defense that the indictment or accusation fails to charge an offense and the defense that the charge is based on a statute or regulation promulgated pursuant to statute which is unconstitutional or invalid in whole or in part may only be raised by motion either before trial or within 10 days after a verdict of guilty or within such further time as the court may fix during such 10-day period, or on appeal. Such defenses shall not be considered during trial. (e) Lack of Jurisdiction. The court shall notice the defense of lack of jurisdiction in the court at any time during the pendency of the proceeding except during trial.
Note: Source-R.R. 3:5-5(b)(2)(3) and (4); caption amended, former Rules 3:10-2, -3, -4, -5 and -6 amended, redesignated and incorporated into R. 3:10-2 as paragraphs (c), (d), (e), (a), and (b) July 13, 1994 to be effective January 1, 1995. 3:10-3. [Reserved] Note: Source-R.R. 3:5-5(b)(2) (first sentence); former R. 3:10-3 redesignated R. 3:10-2(d)July 13, 1994 to be effective January 1, 1995. 3:10-4. [Reserved] Note: Source-R.R. 3:5-5(b)(2) (fifth sentence); former R. 3:10-4 redesignated R. 3:10-2(e) July 13, 1994 to be effective January 1, 1995. 3:10-5. [Reserved] Note: Source-R.R. 3:5-5(b)(2) (third sentence), 3:5-5(b)(3); former R. 3:10-5 amended and redesignated R. 3:10-2(a) July 13, 1994 to be effective January 1, 1995. 3:10-6. [Reserved] Note: Source-R.R. 3:5-5(b)(4); former R. 3:10-6 amended and redesignated R. 3:10-2(b) July 13, 1994 to be effective January 1, 1995. 3:10-7. Effect of Determination of Motion
Except as provided in R. 3:9-3(f), if a motion is determined adversely to the defendant, the defendant shall be permitted to plead if the defendant has not previously pleaded but a plea previously entered shall stand. If an objection or defense specified in R. 3:10-2 is sustained and is not otherwise remediable the court shall order the indictment or accusation dismissed. If the court grants a motion to dismiss an indictment or accusation, it may also order that the defendant be held in custody or that bail be continued for a specified time pending the filing of a new indictment or accusation.
Note: Source-R.R. 3:5-5(b)(2) (sixth sentence), 3:5-5(b)(5). Amended July 21, 1980 to be effective September 8, 1980; amended July 13, 1994 to be effective September 1, 1994; amended July 13, 1994 to be effective January 1, 1995.
RULE 3:12. DEFENDANT'S OBLIGATION TO PROVIDE NOTICE 3:12-1. Notice Under Specific Criminal Code Provisions
A defendant shall serve written notice on the prosecutor if the defendant intends to rely on any of the following sections of the Code of Criminal Justice: Ignorance or Mistake, 2C:2-4(c); Accomplice: Renunciation Terminating Complicity, 2C:2-6(e)(3); Intoxication, 2C:2-8(d); Duress, 2C:2-9(a); Entrapment, 2C:2-12(b); General Principles of Justification, 2C:3-1 to 2C:3-11; Insanity, 2C:4-1; Lack of Requisite State of Mind, 2C:4-2; Criminal Attempt (renunciation of criminal purpose), 2C:5-1(d); Conspiracy (renunciation of criminal purpose), 2C:5-2(e); Murder (affirmative defense, felony murder), 2C:11-3(a)(3); Criminal Restraint, 2C:13-2(b); Theft by Extortion, 2C:20-5; Perjury (retraction), 2C:28-1(d); False Swearing (retraction), 2C:28-2(b); Controlled Dangerous Substances Near or On School Property, 2C:35-7; and Distributing, Dispensing or Possessing Controlled Substances Within 500 Feet of Public Housing Facilities, Parks or Buildings, 2C:35-7.1. No later than seven days before the arraignment/status conference the defendant shall serve on the prosecutor a notice of intention to claim any of the defenses listed herein; and if the defendant requests or has received discovery pursuant to R. 3:13-3(c), the defendant shall, pursuant to R. 3:13-3(d), furnish the prosecutor with discovery pertaining to such defenses at the time the notice is served. The prosecutor shall, within 14 days after receipt of such discovery, comply with R. 3:13-3(c) and (g) with respect to any defense for which the prosecutor has received notice. For good cause shown the court may extend the time of service of any of the foregoing, or make such other orders as the interest of justice requires. If a party fails to comply with this Rule, the court may take such action as the interest of justice requires. The action taken may include refusing to allow the party in default to present witnesses in support or in opposition of that defense at the trial or to allow the granting of an adjournment or delay during trial as the interest of justice demands. Note: Source-R.R. 3:5-9A. Former Rule 3:12 amended August 28, 1979 to be effective September 1, 1979; main caption amended and former Rules 3:12 and 3:12A amended, combined and redesignated as Rule 3:12-1, July 13, 1994, second paragraph amended December 9, 1994, to be effective January 1, 1995; amended July 12, 2002 to be effective September 3, 2002. 3:12-2. Notice of Alibi; Failure to Furnish
(a) Alibi. If a defendant intends to rely in any way on an alibi, within 10 days after a written demand by the prosecutor the defendant shall furnish a signed alibi, stating the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom the defendant intends to rely to establish such alibi. Within 10 days after receipt of such alibi, the prosecutor shall, on written demand, furnish the defendant or defendant's attorney with the names and addresses of the witnesses upon whom the State intends to rely to establish defendant's presence at the scene of the alleged offense. The trial court may order such amendment or amplification as the interest of justice requires. (b) Failure to Furnish. If the information required in paragraph (a) is not furnished, the court may refuse to allow the party in default to present witnesses at trial as to defendant's absence from or presence at the scene of the alleged offense, or make such other order or grantsuch adjournment, or delay during trial, as the interest of justice requires. Note: Former Rules 3:11-1 and -2 amended and redesignated R. 3:12-2 July 13, 1994 to be effective January 1, 1995.
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