Rules of Court · Part 3 · New Jersey

R. 3:11-2 New Jersey Rules of Court, R. 3:11-2: First-Time In-Court Identifications, rendered as code with every cross-reference linked

First-Time In-Court Identifications

Reading viewCode the rule, verbatim; Code adds line numbers, links on every cross-reference and the list of rules that cite this one

The State may not conduct an in-court identification of a defendant by a witness who has not identified the defendant at a prior out-of-court identification procedure unless, on the State’s motion, the court determines at a hearing conducted pursuant to N.J. Evid. R. 104 before the commencement of trial that the identification is admissible. Prior to the hearing, the State shall disclose in writing all communications with the first-time in-court identification witness before or during trial preparation that relate to the proposed first-time in-court identification and, if applicable, produce all records relating to any prior attempted out-of-court identification procedure pursuant to R. 3:11-1 and R. 3:13-3(b)(1)(J).

Note: Former Rule Source - R.R. 3:5-9(d); revised and redesignated R. 3:12-2(b) July 13, 1994 to be effective January 1, 1995. New Rule adopted July 31, 2025 to be effective September 1, 2025.

Verbatim rule text, unmarked. Nothing here is a summary.

rule 3:11-2 "First-Time In-Court Identifications" {
The State may not conduct an in-court identification of a defendant by a witness who has not identified the defendant at a prior out-of-court identification procedure unless, on the State’s motion, the court determines at a hearing conducted pursuant to N.J. Evid. R. 104 before the commencement of trial that the identification is admissible. Prior to the hearing, the State shall disclose in writing all communications with the first-time in-court identification witness before or during trial preparation that relate to the proposed first-time in-court identification and, if applicable, produce all records relating to any prior attempted out-of-court identification procedure pursuant to R. 3:11-1 and R. 3:13-3(b)(1)(J).
Note: Former Rule Source - R.R. 3:5-9(d); revised and redesignated R. 3:12-2(b) July 13, 1994 to be effective January 1, 1995. New Rule adopted July 31, 2025 to be effective September 1, 2025.
}
referenced_by: 1:6-2
source: njcourts.gov // verbatim; changed 2025-09-26; corpus harvested 2026-09-02

R. 3:11-1 → · chapter 3:11 · 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.