R. 3:5-3 New Jersey Rules of Court, R. 3:5-3: Issuance and Contents, rendered as code with every cross-reference linked

rule 3:5-3 "Issuance and Contents" {
(a) Electronic. Except as provided in paragraphs (b) and (c) of this rule, an applicant shall request a search warrant electronically in the Judiciary’s computerized system used for such applications. The application shall include a certification in lieu of oath completed by the applicant in accordance with R. 1:4-4(b). If the judge is satisfied that grounds for granting the application exist or that there is probable cause to believe they exist, the judge may authorize issuance of the warrant electronically. The warrant shall contain the date of issuance and shall identify the property to be seized, name or describe the person or place to be searched, and specify the hours when it may be executed. The warrant shall be directed to any law enforcement officer, without naming an officer, and it shall state the basis for its issuance and the name of each person whose certification was submitted in support of the application. The execution of the search warrant and return shall be pursuant to R. 3:5-5(a).
(b) In-Person. An applicant for a search warrant may appear personally before the judge, who must take the applicant's affidavit or testimony before issuing the warrant. The judge may also examine, under oath, any witness the applicant produces, and may require that any person upon whose information the applicant relies appear personally and be examined under oath concerning such information. If the judge is satisfied that grounds for granting the application exist or that there is probable cause to believe they exist, the judge shall date and issue the warrant. The warrant shall contain the information specified in paragraph (a), including the name of each person whose affidavit or testimony has been taken in support thereof. The execution of the search warrant and return shall be pursuant to R. 3:5-5(a).
(c) Telephonic. A Superior Court judge may issue a search warrant upon sworn oral testimony of an applicant who is not physically present. Such sworn oral testimony may be communicated to the judge by telephone or other means of electronic communication. The applicant shall arrange to contemporaneously record such sworn oral testimony by means of a recording device if available; otherwise, adequate notes summarizing what is said shall be made by the judge. Subsequent to taking the oath, the applicant must identify himself or herself, specify the purpose of the request, and disclose the basis of his or her information. This sworn testimony shall be deemed to be an affidavit for the purposes of issuance of a search warrant. A warrant may issue if the judge is satisfied that sufficient grounds for granting the application have been shown. Upon approval, the judge shall memorialize the specific terms of the authorization to search and shall direct the applicant to enter this authorization verbatim on a form, or other appropriate paper, designated the duplicate original search warrant. This warrant shall be deemed a search warrant for the purpose of R. 3:5. The judge shall direct the applicant to print the judge's name on the warrant. The judge shall promptly issue a written confirmatory search warrant and shall enter thereon the exact time of issuance of the duplicate original warrant. In all other respects, the method of issuance and contents of the warrant shall be that required by this rule.
Note: Source-R.R. 3:2A-3, 3:2A-4 (second sentence); former rule redesignated paragraph (a) and paragraph (b) adopted July 26, 1984 to be effective September 10, 1984; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1999; new paragraph (a) caption and text adopted, former paragraphs (a) and (b) amended and redesignated as paragraphs (b) and (c) and captions added July 30, 2021 to be effective October 1, 2021.
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referenced_by: 3:13-1, 3:5-5, 7:7-11
source: njcourts.gov // verbatim; changed 2025-09-26; corpus harvested 2026-09-02