R. 3:23-8 New Jersey Rules of Court, R. 3:23-8: Hearing on Appeal, rendered as code with every cross-reference linked

rule 3:23-8 "Hearing on Appeal" {
(a) Hearing on Record; Correction or Supplementation of Record; Remand; Transcript for Indigents; Assignment of Counsel. If a verbatim record or sound recording was made pursuant to R. 7:8-8 in the court from which the appeal is taken, the original transcript thereof duly certified as correct shall be filed by the clerk of the court below with the criminal division manager's office, and a certified copy served on the prosecuting attorney by the clerk of the court below within 20 days after the filing of the notice of appeal or within such extension of time as the court permits.
(1) If it appears that the record is partially unintelligible, the court to which the appeal is taken may supplement the record or may remand the matter to the municipal court to reconstruct the portion of the record that is defective. If the record below is substantially unintelligible, the matter shall be remanded to the municipal court to reconstruct the entire record or, if the record cannot be reconstructed, for a new trial or hearing.
(2) 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. If the court to which the appeal is taken decides the matter de novo on the record, the court may permit the record to be supplemented for the limited purpose of correcting a legal error in the proceedings below.
(3) 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.
(4) All persons convicted of non-indictable offenses who desire to appeal their conviction and who assert they are indigent shall complete and file, without fee, with the criminal division manager’s office the appropriate form prescribed by the Administrative Director of the Courts. If the court is satisfied that the person is indigent, an attorney shall be assigned (i) if the sentence imposed constitutes a consequence of magnitude as set forth in the “Guidelines for Determining a Consequence of Magnitude” in Appendix 2 to Part VII of the Rules of Court, or (ii) if the person is constitutionally or otherwise entitled by law to counsel. If the sentence imposed does not constitute a consequence of magnitude, the court hearing the appeal may, in its discretion, determine whether to assign counsel for purposes of the appeal, irrespective of whether counsel was previously assigned in the case.
(b) Briefs. Briefs shall be required only if questions of law are involved on the appeal or if ordered by the court and shall be filed and served prior to the date fixed for hearing or such other date as the court fixes.
(c) Waiver; Exception. The appeal shall operate as a waiver of all defects in the record including any defect in, or the absence of, any process or charge laid in the complaint, and as a consent that the court may, during or before the hearing of the appeal, amend the complaint by making the charge more specific, definite or certain, or in any other manner, including the substitution of any charge growing out of the act or acts complained of or the surrounding circumstances of which the court from whose judgment or sentence the appeal is taken had jurisdiction, except that if the appeal is from a conviction for an indictable offense, the appeal shall not operate as a consent that the complaint may be amended so as to charge such an offense or a new or different indictable offense, unless the defendant agrees to such amendment.
(d) Defenses Which Must Be Raised Before Trial. The defenses of double jeopardy, lack of jurisdiction in the court, failure of the complaint to charge an offense, the unconstitutionality of the statute, regulation promulgated pursuant to statute or ordinance under which the complaint is made and all other defenses and objections based on defects in the institution of the prosecution or in the complaint must be raised by motion and determined in accordance with R. 3:10.
(e) Disposition by Superior Court, Law Division. If the defendant is convicted, the court shall impose sentence as provided by law. If the defendant is acquitted, the court shall order the defendant discharged, the conviction in the court below set aside, and the return of all fines and costs paid by the defendant. An appropriate judgment shall be entered and a copy thereof transmitted to the court below.
(f) Appearance by Prosecuting Attorney. The prosecuting attorney shall appear and act on behalf of the respondent at the hearing.
Note: Source -- R.R. 3:10-10(a)(b)(c)(d)(e), 3:10-12. Paragraph (a) amended July 14, 1972 to be effective September 5, 1972; paragraph (a) amended June 29, 1973 to be effective September 10, 1973; paragraph (a) amended July 29, 1977 to be effective September 6, 1977; paragraphs (a), (b) and (e) amended November 22, 1978 to be effective December 7, 1978; paragraphs (a), (b) and (e) amended July 11, 1979 to be effective September 10, 1979; paragraph (a) amended February 17, 1983 to be effective immediately; paragraph (a) amended January 5, 1998 to be effective February 1, 1998; paragraph (a) amended July 5, 2000 to be effective September 5, 2000; paragraph (a) amended July 16, 2009 to be effective September 1, 2009; paragraph (a) caption and text amended July 9, 2013 to be effective September 1, 2013; paragraph (a) caption and text amended July 22, 2014 to be effective September 1, 2014.
}
referenced_by: 2:7-5, 4:74-3
source: njcourts.gov // verbatim; changed 2025-10-09; corpus harvested 2026-09-02