Rules of Court · Part 3 · New Jersey

R. 3:7-2 New Jersey Rules of Court, R. 3:7-2: Use of Indictment or Accusation, rendered as code with every cross-reference linked

Use of Indictment or Accusation

the rule, verbatim; Code adds line numbers, links on every cross-reference and the list of rules that cite this one

Every crime shall be prosecuted by indictment unless the defendant, after having been advised of the right to indictment, shall waive the right in a signed writing, in which case the defendant may be tried on accusation. Such accusation shall be prepared by the prosecuting attorney and entitled and proceeded upon in the Superior Court. Nothing herein contained, however, shall be construed as limiting the criminal jurisdiction of a municipal court over indictable offenses provided by law and these rules.

Note: Source__R.R. 3:4-2(a) (b). Amended August 28, 1979 to be effective September 1, 1979; amended July 13, 1994 to be effective September 1, 1994; amended July 28, 2017 to be effective September 1, 2017.

Verbatim rule text, unmarked. Nothing here is a summary.

rule 3:7-2 "Use of Indictment or Accusation" {
Every crime shall be prosecuted by indictment unless the defendant, after having been advised of the right to indictment, shall waive the right in a signed writing, in which case the defendant may be tried on accusation. Such accusation shall be prepared by the prosecuting attorney and entitled and proceeded upon in the Superior Court. Nothing herein contained, however, shall be construed as limiting the criminal jurisdiction of a municipal court over indictable offenses provided by law and these rules.
Note: Source__R.R. 3:4-2(a) (b). Amended August 28, 1979 to be effective September 1, 1979; amended July 13, 1994 to be effective September 1, 1994; amended July 28, 2017 to be effective September 1, 2017.
}
referenced_by: 1:8-3, 1:8-4, 1:8-5, 1:8-6
source: njcourts.gov // verbatim; changed 2025-09-26; corpus harvested 2026-09-02

← R. 3:7-1 · R. 3:7-3 → · chapter 3:7 · 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.