Rules of Court · Part 2 · New Jersey
R. 2:3-1 New Jersey Rules of Court, R. 2:3-1: Appeal by the State in Criminal Actions, rendered as code with every cross-reference linked
Appeal by the State in Criminal Actions
In any criminal action the State may appeal or, where appropriate, seek leave to appeal pursuant to R. 2:5-6(a):
(a) to the Supreme Court from a final judgment or from an order of the Appellate Division, pursuant to R. 2:2-2(a) or R. 2:2-3;
(b) to the appropriate appellate court from: (1) a judgment of the trial court dismissing an indictment, accusation or complaint, where not precluded by the constitution of the United States or of New Jersey; (2) an order of the trial court entered before trial in accordance with R. 3:5 (search warrants); (3) a judgment of acquittal entered in accordance with R.3:18-2 (judgment n.o.v.) following a jury verdict of guilty; (4) a judgment in a post-conviction proceeding collaterally attacking a conviction or sentence; (5) an interlocutory order entered before, during or after trial, or, (6) as otherwise provided by law.
Note: Source-R.R. 1:2-4(a) (c) (1) (2), 3:2A-10, 3:5-5(b)(7). Paragraph (b)(3) amended July 29, 1977 to be effective September 6, 1977; paragraph (b)(1) amended July 16, 1979 to be effective September 10, 1979; paragraph (b)(5) amended and (6) adopted August 28, 1979 to be effective September 1, 1979; paragraph (a) amended July 27, 2018 to be effective September 1, 2018.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 2:3-1 "Appeal by the State in Criminal Actions" {
In any criminal action the State may appeal or, where appropriate, seek leave to appeal pursuant to R. 2:5-6(a):
(a) to the Supreme Court from a final judgment or from an order of the Appellate Division, pursuant to R. 2:2-2(a) or R. 2:2-3;
(b) to the appropriate appellate court from: (1) a judgment of the trial court dismissing an indictment, accusation or complaint, where not precluded by the constitution of the United States or of New Jersey; (2) an order of the trial court entered before trial in accordance with R. 3:5 (search warrants); (3) a judgment of acquittal entered in accordance with R.3:18-2 (judgment n.o.v.) following a jury verdict of guilty; (4) a judgment in a post-conviction proceeding collaterally attacking a conviction or sentence; (5) an interlocutory order entered before, during or after trial, or, (6) as otherwise provided by law.
Note: Source-R.R. 1:2-4(a) (c) (1) (2), 3:2A-10, 3:5-5(b)(7). Paragraph (b)(3) amended July 29, 1977 to be effective September 6, 1977; paragraph (b)(1) amended July 16, 1979 to be effective September 10, 1979; paragraph (b)(5) amended and (6) adopted August 28, 1979 to be effective September 1, 1979; paragraph (a) amended July 27, 2018 to be effective September 1, 2018.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-09-26; corpus harvested 2026-09-02R. 2:3-2 → · chapter 2:3 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.