Rules of Court · Part 3 · New Jersey
R. 3:7-8 New Jersey Rules of Court, R. 3:7-8: Issuance of a Warrant or Summons Upon Indictment or Accusation Where Defendant Has Not Been Previously Charged, rendered as code with every cross-reference linked
Issuance of a Warrant or Summons Upon Indictment or Accusation Where Defendant Has Not Been Previously Charged
Upon the return of an indictment or the filing of an accusation, a summons on indictment or warrant on indictment shall be prepared by a law enforcement officer or the prosecutor using the Judiciary's computerized system for issuance by the Assignment Judge or a designated Superior Court judge or, in their absence, by any Superior Court judge assigned to the Law Division in that county in accordance with R. 3:3-1 for each defendant named in the indictment or accusation who has not been previously charged in the matter. A defendant who is the subject of a warrant on indictment is an eligible defendant pursuant to N.J.S.A. 2A:162-15 et seq. If the defendant fails to appear in response to a summons, a bench warrant shall issue.
If a summons on indictment is issued to a defendant who has not been previously held to answer a complaint, the defendant shall undergo all post-arrest identification procedures that are required by law upon arrest, on the return date of the summons, or upon written request of the appropriate law enforcement agency.
Note: Source -- R.R. 3:4-9. Amended July 22, 1983 to be effective September 12, 1983; amended July 13, 1994 to be effective January 1, 1995; amended August 30, 2016 to be effective January 1, 2017; caption and text amended July 28, 2017 to be effective September 1, 2017.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 3:7-8 "Issuance of a Warrant or Summons Upon Indictment or Accusation Where Defendant Has Not Been Previously Charged" {
Upon the return of an indictment or the filing of an accusation, a summons on indictment or warrant on indictment shall be prepared by a law enforcement officer or the prosecutor using the Judiciary's computerized system for issuance by the Assignment Judge or a designated Superior Court judge or, in their absence, by any Superior Court judge assigned to the Law Division in that county in accordance with R. 3:3-1 for each defendant named in the indictment or accusation who has not been previously charged in the matter. A defendant who is the subject of a warrant on indictment is an eligible defendant pursuant to N.J.S.A. 2A:162-15 et seq. If the defendant fails to appear in response to a summons, a bench warrant shall issue.
If a summons on indictment is issued to a defendant who has not been previously held to answer a complaint, the defendant shall undergo all post-arrest identification procedures that are required by law upon arrest, on the return date of the summons, or upon written request of the appropriate law enforcement agency.
Note: Source -- R.R. 3:4-9. Amended July 22, 1983 to be effective September 12, 1983; amended July 13, 1994 to be effective January 1, 1995; amended August 30, 2016 to be effective January 1, 2017; caption and text amended July 28, 2017 to be effective September 1, 2017.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2025-10-08; corpus harvested 2026-09-02← R. 3:7-7 · R. 3:7-9 → · 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.