Rules of Court · Part 3 · New Jersey
R. 3:10-7 New Jersey Rules of Court, R. 3:10-7: Effect of Determination of Motion, rendered as code with every cross-reference linked
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.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 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.
}
referenced_by: 3:23-6
source: njcourts.gov // verbatim; changed 2025-09-26; corpus harvested 2026-09-02← R. 3:10-6 · R. 3:10-8 → · chapter 3:10 · 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.