A municipal court case The life of a municipal court case in New Jersey, step by step: every station, its clock, and the Rule of Court behind it

The line at a glance

Every stop the paper makes, in order. Tap a stop to jump to it.

1. M1The ticket, or the complaint and summonsDay 0; the date and place to appear are printed on the summons
2. M2First appearance and the pleaThe date on the summons; a traffic trial date is at least five days after the offense
   1. If the ticket can be paid or pleaded by mail: V1 to V2, then back at M7.
   2. V1Pay the ticket at the Violations BureauOn or before the return date printed on the summons
   3. V2Plead by mail or onlineBefore the appearance date; the court mails or posts its decision
3. M3DiscoveryProsecutor answers within 10 days of the request; the defense returns its own within 20 days after that
4. M4Pretrial motionsBefore trial; jurisdiction and the constitutionality of an ordinance can be raised at any time
5. M5TrialAdjournments of no more than 14 days on or before the first trial date, unless the interest of justice needs more
6. M6Sentence and judgmentSentence is imposed immediately on conviction or a guilty plea, unless the judge postpones it for a presentence report or other good cause
7. M7Paying the fineAs the sentence orders, or on the time-payment schedule the judge sets; a default sanction is capped at $50 per order
8. M8Appeal to the Law DivisionNotice of appeal within 20 days after the judgment; served on the prosecutor and filed with the Criminal Division Manager within 5 days after that

Stop by stop

1. M1 The ticket, or the complaint and summons

   Clock: Day 0; the date and place to appear are printed on the summons

   A traffic or parking case starts with the Uniform Traffic Ticket the officer hands you; it is the complaint and the summons in one. Anything else starts with a complaint on the court's form, sworn or certified by whoever is complaining, which the municipal court administrator must accept for filing. An officer's summons issues without a judge; a citizen's complaint needs a finding of probable cause first. The summons tells you when and where to appear and warns that a bench warrant can follow if you do not.

   What the rule says 3 sources

   “The Administrative Director of the Courts shall prescribe the form of Uniform Traffic Ticket to serve as the complaint, summons or other process to be used for all parking and other traffic offenses.”

   R. 7:2-1(f) · as code

   “The summons shall be directed to the defendant named in the complaint, shall require defendant's appearance at a stated time and place before the court in which the complaint is made, and shall inform defendant that an arrest a bench warrant may be issued for a failure to appear.”

   R. 7:2-1(b) · as code

   “A summons on a complaint made by a law enforcement officer charging any offense may be issued by a law enforcement officer or by any person authorized to do so by statute without a finding by a judicial officer of probable cause for issuance. A law enforcement officer may personally serve the summons on the defendant without making a custodial arrest.”

   R. 7:2-2(a) · as code

2. M2 First appearance and the plea

   Clock: The date on the summons; a traffic trial date is at least five days after the offense

   In open court the judge reads the charge, or tells you what it is, and asks how you plead: guilty or not guilty. A guilty plea is not taken until the judge has asked you personally whether you understand the charge and its consequences and there is a factual basis for it; if you say nothing, the plea is not guilty. This is the stop where a payable ticket leaves the line for the Violations Bureau.

   What the rule says 3 sources

   “the arraignment shall be conducted in open court and shall consist of reading the complaint to the defendant or stating to the defendant the substance of the charge and calling upon the defendant, after being given a copy of the complaint, to plead thereto. The defendant may waive the reading of the complaint.”

   R. 7:6-1(a) · as code

   “A defendant may plead not guilty or guilty, but the court may, in its discretion, refuse to accept a guilty plea. Except as otherwise provided by Rules 7:6-2, 7:6-3, and 7:12-3, the court shall not, however, accept a guilty plea without first addressing the defendant personally and determining by inquiry of the defendant and, in the court's discretion, of others, that the plea is made voluntarily with understanding of the nature of the charge and the consequences of the plea and that there is a factual basis for the plea.”

   R. 7:6-2(a) · as code

   “The date fixed for the trial of any traffic offense shall be not less than five days from the date of its commission unless the defendant, having been informed of the right to such trial date, waives it and the court in its discretion fixes an earlier date.”

   R. 7:12-1 · as code

   Fork. If the ticket can be paid or pleaded by mail, the paper leaves the main line here for V1 and comes back at M7.

3. M3 Discovery

   Clock: Prosecutor answers within 10 days of the request; the defense returns its own within 20 days after that

   Once the plea is not guilty, a written request to the municipal prosecutor gets you the file: the police report, any recording, test results, witness names, your own statements. The prosecutor has ten days to answer. What you mean to use at trial goes back the other way within twenty days after that.

   What the rule says 3 sources

   “All discovery requests by defendant shall be served on the municipal prosecutor, who shall be responsible for making government discovery available to the defendant.”

   R. 7:7-7(a) · as code

   “The municipal prosecutor shall respond to the discovery request in accordance with paragraph (b) of this rule within 10 days after receiving the request.”

   R. 7:7-7 · as code

   “Unless otherwise ordered by the judge, the defendant shall provide the prosecutor with discovery, as provided by paragraph (c) of this rule, within 20 days of the prosecuting attorney's compliance with the defendant's discovery request.”

   R. 7:7-7 · as code

4. M4 Pretrial motions

   Clock: Before trial; jurisdiction and the constitutionality of an ordinance can be raised at any time

   There is no answer to file; the complaint is the only pleading. Any defense that can be decided without trying the case is raised by motion before trial. Motions are made orally unless the judge wants paper, and a motion made before trial is decided before trial. If the defense is sustained and cannot be cured, the complaint is dismissed.

   What the rule says 3 sources

   “Pleadings in municipal court actions shall consist only of the complaint. A defense or objection capable of determination without trial of the general issue shall be raised before trial by motion to dismiss or for other appropriate relief, except that a motion to dismiss based upon lack of jurisdiction or the unconstitutionality of a municipal ordinance may be made at any time.”

   R. 7:7-1 · as code

   “motions in the municipal court and answers to motions, if any, shall be made orally, unless the court directs that the motion and answer be in writing.”

   R. 7:7-2(a) · as code

   “A motion made before trial shall be determined before trial unless the court, in the interest of justice, directs that it be heard during or after trial.”

   R. 7:7-2(b) · as code

5. M5 Trial

   Clock: Adjournments of no more than 14 days on or before the first trial date, unless the interest of justice needs more

   A judge, no jury. You must be there, in person or by approved video link; if you leave after it starts, or skip a date you were told of in open court, it goes on without you. Before letting you try the case yourself the judge must warn you on the record what the penalties can be and that defending yourself has dangers. The proceeding is sound-recorded; that recording is the record an appeal is heard on.

   What the rule says 3 sources

   “the defendant shall be present, either in person, or by means of a video link as approved by the Administrative Office of the Courts, at every stage of the proceeding and at the imposition of sentence. If, however, defendant is voluntarily absent after the proceeding has begun in the defendant's presence or the defendant fails to appear at the proceeding after having been informed in open court of the time and place of the proceeding, the proceeding may continue to and including entry of judgment.”

   R. 7:8-7(a) · as code

   “a request by a defendant to proceed to trial without an attorney shall not be granted until the judge is satisfied from an inquiry on the record that the defendant has knowingly and voluntarily waived the right to counsel following an explanation by the judge of the range of penal consequences and an advisement that the defendant may have defenses and that there are dangers and disadvantages inherent in defending oneself.”

   R. 7:8-10 · as code

   “On or before the first scheduled trial date, the court may adjourn the trial for not more than fourteen days, except that an adjournment for a longer period or additional adjournments may be granted if the court deems postponement of the trial to be reasonably necessary in the interest of justice.”

   R. 7:8-3 · as code

6. M6 Sentence and judgment

   Clock: Sentence is imposed immediately on conviction or a guilty plea, unless the judge postpones it for a presentence report or other good cause

   If the finding is guilty, sentence follows at once. You and your lawyer get to speak first, and to offer anything in mitigation. In disorderly persons cases the judge must say on the record why the sentence is what it is. The judgment of conviction is signed by the judge and entered by the court administrator; an acquittal is mailed to you.

   What the rule says 3 sources

   “If the defendant has been convicted of or pleaded guilty to a non-indictable offense, sentence shall be imposed immediately, unless the court postpones sentencing in order to obtain a presentence report or for other good cause.”

   R. 7:9-1(a) · as code

   “Before imposing sentence the court shall afford the defendant and defense counsel an opportunity to make a statement on defendant's behalf and to present any information in mitigation of punishment.”

   R. 7:9-1(a) · as code

   “A judgment of conviction shall set forth the complaint, the plea, the findings, the adjudication and the sentence. It shall cite with specificity the statute or ordinance section to which the conviction relates or a short description of the statute or ordinance, the names and addresses of the witnesses sworn, and a list of exhibits produced at the trial. If the defendant is found not guilty or for any other reason is entitled to be discharged, a judgment shall be entered accordingly.”

   R. 7:9-2(a) · as code

7. Side rail. If the ticket can be paid or pleaded by mail: V1 to V2, off the main line at M2.

   1. V1 Pay the ticket at the Violations Bureau

      Clock: On or before the return date printed on the summons

      If the offense is on the Statewide or the local Violations Bureau schedule and the ticket is not marked court appearance required, you can look up the fixed fine, costs and penalties and pay them to the violations clerk by mail or in person, and never see the judge. Paying is pleading guilty: the payment alone, even without the signed plea and waiver, is entered as a guilty finding. Anything with a mandatory license loss, an accident with injury, or a drunk-driving charge cannot be paid this way.

      What the rule says 2 sources

      “A person charged with an offense within the authority of the violations clerk, may, upon ascertaining the fines, costs and penalties established by the Statewide Violations Bureau Schedule or Local Supplemental Violations Bureau Schedule for the offense charged, pay the same, either by mail or in person, to the violations clerk on or before the return date of the summons, provided that when the summons is marked to indicate that a court appearance is required, payment may not be made to the violations clerk even though the offense is on the Statewide Violations Bureau Schedule or Local Supplemental Violations Bureau Schedule.”

      R. 7:12-4 · as code

      “The tender of payment for an offense to the Violations Bureau, without a signed guilty plea and waiver, may be accepted by the clerk, and shall have the effect of a guilty plea. The court may process the payment and enter a guilty finding to the offense on its records.”

      R. 7:12-4 · as code

   2. V2 Plead by mail or online

      Clock: Before the appearance date; the court mails or posts its decision

      For a traffic or parking ticket the judge may let you plead guilty, or not guilty with a written defense, by mail or through the Judiciary's online system instead of appearing. A guilty plea by mail admits the violation, gives a factual basis and waives the trial, the appearance, and a lawyer; a not guilty plea by mail sends the judge whatever defense you want considered and any statement about the sentence. The same is allowed for a non-traffic guilty plea on a certified application. Tickets that carry a mandatory license loss, an accident with injury, or an unresolved non-traffic charge stay on the main line.

      What the rule says 3 sources

      “In all traffic or parking offenses, except as limited below, the judge may permit the defendant to enter a guilty or not guilty plea and submit a defense for use at trial by mail or in an electronic system approved by the Administrative Director of the Courts”

      R. 7:12-3(a) · as code

      “a waiver of the defendant's right to contest the case at a trial, the right to appear personally in court and, if unrepresented by an attorney, the right to be represented by an attorney;”

      R. 7:12-3(b) · as code

      “In all non-traffic and non-parking offenses, except as limited below, on consideration of a written or electronically submitted application, supported by certification, with notice to the complaining witness and prosecutor, and at the time and place scheduled for trial, the judge may permit the defendant to enter a guilty plea by mail or in an electronic system approved by the Administrative Director of the Courts.”

      R. 7:6-3(a) · as code

   Rejoins. Back on the main line at M7.

8. M7 Paying the fine

   Clock: As the sentence orders, or on the time-payment schedule the judge sets; a default sanction is capped at $50 per order

   The fine, costs and penalties are paid to the court. If you cannot pay at once, ask for time payments. Missing a payment without a good reason can add a sanction of up to $50 for each payment order, but the rule says in so many words that inability to pay is a just cause. The judge can reduce or change the sentence at any time while the court still has the case. The pay-by-mail line rejoins here.

   What the rule says 3 sources

   “If without just cause or excuse, a defendant defaults on payment of a municipal court imposed financial obligation, the judge, on the record, may order the defendant to pay an aggregate monetary sanction for each order setting forth time payments not to exceed $50.”

   R. 7:9-5 · as code

   “A defendant’s inability to pay constitutes just cause for purposes of this rule.”

   R. 7:9-5 · as code

   “The court, in its discretion, may reduce or change a sentence, either on its own motion or on the motion of defendant, which may be either oral or written, at any time during which the court retains jurisdiction over the matter.”

   R. 7:9-4(a) · as code

9. M8 Appeal to the Law Division

   Clock: Notice of appeal within 20 days after the judgment; served on the prosecutor and filed with the Criminal Division Manager within 5 days after that

   The case leaves the municipal court here. A notice of appeal goes to the municipal court within twenty days of the judgment, then a copy to the prosecutor and one to the Criminal Division Manager of the Superior Court, with the fee and an affidavit of timely filing, within five days more; miss any of it and the appeal is dismissed without a hearing. The Law Division does not start over. It hears the case again on the municipal court's recording, a trial de novo on the record, and either affirms, reverses, or sends it back. An appellant who cannot afford the transcript can apply to have the county or the town pay for it.

   What the rule says 3 sources

   “shall appeal therefrom by filing a notice of appeal with the clerk of the court below within 20 days after the entry of judgment. Within five days after the filing of the notice of appeal, one copy thereof shall be served on the prosecuting attorney, as hereinafter defined, and one copy thereof shall be filed with the Criminal Division Manager's office together with the filing fee therefor and an affidavit of timely filing of said notice with the clerk of court below and service on the prosecuting attorney (giving the prosecuting attorney's name and address). On failure to comply with each of the foregoing requirements, the appeal shall be dismissed by the Superior Court, Law Division without further notice or hearing.”

   R. 3:23-2 · as code

   “The court to which the appeal has been taken may reverse and remand for a new trial or may conduct a trial de novo on the record below. The court shall provide the municipal court and the parties with reasons for a reversal and the remand.”

   R. 3:23-8(a) · as code

   “If the appellant, upon application to the court appealed to, is found to be indigent, the court may order the transcript of the proceedings below furnished at the county's expense if the appeal involves violation of a statute and at the municipality's expense if the appeal involves violation of an ordinance.”

   R. 3:23-8(a) · as code