Rules of Court · Part 3 · New Jersey
R. 3:25-1 New Jersey Rules of Court, R. 3:25-1: Upon Motion of the Prosecutor Before or During Trial, rendered as code with every cross-reference linked
Upon Motion of the Prosecutor Before or During Trial
(a) Pre-Indictment. A complaint may be administratively dismissed by the prosecutor without presentation to the grand jury, in which event said prosecutor shall report the dismissal and the basis therefor to the Assignment Judge and shall notify the defendant.
(b) Post-Indictment. Upon motion by the prosecuting attorney, an indictment, accusation or complaint, or any count thereof, may be dismissed prior to trial by order of the judge to whom the same has been assigned for trial. During trial an indictment or accusation, or any count thereof may be dismissed by the trial judge on motion by the prosecuting attorney with the consent of the defendant.
Note: Source -- R.R. 3:11-3(a); amended July 17, 1975 to be effective September 8, 1975, amended July 29, 1977 to be effective September, 1977; caption amended, captions added and former text amended and redesignated paragraphs (a) and (b) July 13, 1994 to be effective January 1, 1995.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 3:25-1 "Upon Motion of the Prosecutor Before or During Trial" {
(a) Pre-Indictment. A complaint may be administratively dismissed by the prosecutor without presentation to the grand jury, in which event said prosecutor shall report the dismissal and the basis therefor to the Assignment Judge and shall notify the defendant.
(b) Post-Indictment. Upon motion by the prosecuting attorney, an indictment, accusation or complaint, or any count thereof, may be dismissed prior to trial by order of the judge to whom the same has been assigned for trial. During trial an indictment or accusation, or any count thereof may be dismissed by the trial judge on motion by the prosecuting attorney with the consent of the defendant.
Note: Source -- R.R. 3:11-3(a); amended July 17, 1975 to be effective September 8, 1975, amended July 29, 1977 to be effective September, 1977; caption amended, captions added and former text amended and redesignated paragraphs (a) and (b) July 13, 1994 to be effective January 1, 1995.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-09-29; corpus harvested 2026-09-02R. 3:25-2 → · chapter 3:25 · 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.