Rules of Court · Part 3 · New Jersey
R. 3:22-10 New Jersey Rules of Court, R. 3:22-10: Presence of Defendant at Hearing; Evidentiary Hearing, rendered as code with every cross-reference linked
Presence of Defendant at Hearing; Evidentiary Hearing
(a) A defendant in custody may be present in court in the court's discretion. The defendant shall be entitled to be present when oral testimony is adduced. However, the defendant's presence may be waived by counsel upon request of the defendant.
(b) A defendant shall be entitled to an evidentiary hearing only upon the establishment of a prima facie case in support of post-conviction relief, a determination by the court that there are material issues of disputed fact that cannot be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to resolve the claims for relief. To establish a prima facie case, defendant must demonstrate a reasonable likelihood that his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on the merits.
(c) Any factual assertion that provides the predicate for a claim of relief must be made by an affidavit or certification pursuant to Rule 1:4-4 and based upon personal knowledge of the declarant before the court may grant an evidentiary hearing.
(d) The scope of an evidentiary hearing shall be limited to the issue of whether the defendant was improperly convicted.
(e) A court shall not grant an evidentiary hearing:
(1) if an evidentiary hearing will not aid the court's analysis of the defendant's entitlement to post-conviction relief;
(2) if the defendant's allegations are too vague, conclusory or speculative; or
(3) for the purpose of permitting a defendant to investigate whether additional claims for relief exist for which defendant has not demonstrated a reasonable likelihood of success as required by R. 3:22-10(b).
Note: Source -- R.R. 3:10A-11; amended July 13, 1994 to be effective September 1, 1994; caption amended, first sentence of former rule deleted, remaining text of former rule retained as introductory language, and new paragraphs (a), (b), (c), and (d) adopted July 16, 2009 to be effective September 1, 2009; introductory paragraph of rule amended and designated as new paragraph (a), former paragraphs (a), (b), and (c) redesignated as paragraphs (b), (c), and (d), and former paragraph (d) amended and redesignated as paragraph (e) January 14, 2010 to be effective February 1, 2010.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 3:22-10 "Presence of Defendant at Hearing; Evidentiary Hearing" {
(a) A defendant in custody may be present in court in the court's discretion. The defendant shall be entitled to be present when oral testimony is adduced. However, the defendant's presence may be waived by counsel upon request of the defendant.
(b) A defendant shall be entitled to an evidentiary hearing only upon the establishment of a prima facie case in support of post-conviction relief, a determination by the court that there are material issues of disputed fact that cannot be resolved by reference to the existing record, and a determination that an evidentiary hearing is necessary to resolve the claims for relief. To establish a prima facie case, defendant must demonstrate a reasonable likelihood that his or her claim, viewing the facts alleged in the light most favorable to the defendant, will ultimately succeed on the merits.
(c) Any factual assertion that provides the predicate for a claim of relief must be made by an affidavit or certification pursuant to Rule 1:4-4 and based upon personal knowledge of the declarant before the court may grant an evidentiary hearing.
(d) The scope of an evidentiary hearing shall be limited to the issue of whether the defendant was improperly convicted.
(e) A court shall not grant an evidentiary hearing:
(1) if an evidentiary hearing will not aid the court's analysis of the defendant's entitlement to post-conviction relief;
(2) if the defendant's allegations are too vague, conclusory or speculative; or
(3) for the purpose of permitting a defendant to investigate whether additional claims for relief exist for which defendant has not demonstrated a reasonable likelihood of success as required by R. 3:22-10(b).
Note: Source -- R.R. 3:10A-11; amended July 13, 1994 to be effective September 1, 1994; caption amended, first sentence of former rule deleted, remaining text of former rule retained as introductory language, and new paragraphs (a), (b), (c), and (d) adopted July 16, 2009 to be effective September 1, 2009; introductory paragraph of rule amended and designated as new paragraph (a), former paragraphs (a), (b), and (c) redesignated as paragraphs (b), (c), and (d), and former paragraph (d) amended and redesignated as paragraph (e) January 14, 2010 to be effective February 1, 2010.
}
referenced_by: 3:16
source: njcourts.gov // verbatim; changed 2025-09-26; corpus harvested 2026-09-02← R. 3:22-9 · R. 3:22-11 → · chapter 3:22 · 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.