Rules of Court · Part 3 · New Jersey
R. 3:5-6 New Jersey Rules of Court, R. 3:5-6: Records; Confidentiality, rendered as code with every cross-reference linked
Records; Confidentiality
(a) In General. Except as provided in paragraph b, the applicant shall include the return, inventory, and all other papers in connection therewith, including the affidavits, certification, and any transcript or summary of any oral testimony, if available, and, where applicable, a duplicate original search warrant in the Judiciary's computerized system. When a recording has been made, it shall be retained by the executing law enforcement agency.
(b) Subsequent Applications Related to Electronic Communications. In the event a search warrant is issued based in whole or in part on oral, wire, or electronic communications authorized by a wiretap judge under the provisions of the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 et seq., the executing law enforcement agency shall file a notice of such application with the wiretap judge.
(c) Discovery. All warrants that have been completely executed and the papers accompanying them, including the affidavits, certification, transcript or summary of any oral testimony, duplicate original search warrant, return and inventory, and any original recording shall be confidential except that the warrant and accompanying papers shall be provided to the defendant in discovery pursuant to R. 3:13-3 and available for inspection and copying by any person claiming to be aggrieved by an unlawful search and seizure on notice to the county prosecutor for good cause shown.
Note: Source-R.R. 3:2A-5, 3:2A-9 (second paragraph). Amended June 29, 1973 to be effective September 10, 1973; amended July 26, 1984 to be effective September 10, 1984; paragraph designations and text of paragraph (b) adopted and paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraphs (a) and (b) amended July 13, 1994, paragraph (c) amended December 9, 1994, to be effective January 1, 1995; paragraph (b) amended June 28, 1996 to be effective September 1, 1996; caption amended and paragraph (c) amended July 12, 2002 to be effective September 3, 2002; paragraph (c) amended December 4, 2012 to be effective January 1, 2013; caption amended, and paragraphs (a), (b) and (c) amended and captions added July 30, 2021 to be effective October 1, 2021.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 3:5-6 "Records; Confidentiality" {
(a) In General. Except as provided in paragraph b, the applicant shall include the return, inventory, and all other papers in connection therewith, including the affidavits, certification, and any transcript or summary of any oral testimony, if available, and, where applicable, a duplicate original search warrant in the Judiciary's computerized system. When a recording has been made, it shall be retained by the executing law enforcement agency.
(b) Subsequent Applications Related to Electronic Communications. In the event a search warrant is issued based in whole or in part on oral, wire, or electronic communications authorized by a wiretap judge under the provisions of the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 et seq., the executing law enforcement agency shall file a notice of such application with the wiretap judge.
(c) Discovery. All warrants that have been completely executed and the papers accompanying them, including the affidavits, certification, transcript or summary of any oral testimony, duplicate original search warrant, return and inventory, and any original recording shall be confidential except that the warrant and accompanying papers shall be provided to the defendant in discovery pursuant to R. 3:13-3 and available for inspection and copying by any person claiming to be aggrieved by an unlawful search and seizure on notice to the county prosecutor for good cause shown.
Note: Source-R.R. 3:2A-5, 3:2A-9 (second paragraph). Amended June 29, 1973 to be effective September 10, 1973; amended July 26, 1984 to be effective September 10, 1984; paragraph designations and text of paragraph (b) adopted and paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraphs (a) and (b) amended July 13, 1994, paragraph (c) amended December 9, 1994, to be effective January 1, 1995; paragraph (b) amended June 28, 1996 to be effective September 1, 1996; caption amended and paragraph (c) amended July 12, 2002 to be effective September 3, 2002; paragraph (c) amended December 4, 2012 to be effective January 1, 2013; caption amended, and paragraphs (a), (b) and (c) amended and captions added July 30, 2021 to be effective October 1, 2021.
}
referenced_by: 3:15-1, 3:5-4
source: njcourts.gov // verbatim; changed 2025-09-26; corpus harvested 2026-09-02← R. 3:5-5 · R. 3:5-7 → · chapter 3:5 · 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.