R. 5:1-3 New Jersey Rules of Court, R. 5:1-3: Transfer of Actions to and From the Family Part, rendered as code with every cross-reference linked

rule 5:1-3 "Transfer of Actions to and From the Family Part" {
(a) Civil Actions. The transfer of civil family actions to or from the Family Part to or from any other trial division or part of a trial division of the Superior Court shall be governed by R. 4:3-1(b).
(b) Criminal and Quasi-Criminal Actions.
(1) The transfer of criminal actions between the Law Division and the Family Part shall be governed by R. 3:1-5.
(2) The transfer of proceedings pending in a municipal court shall be on motion made by the defendant, the complaining witness or the municipal prosecutor. If there is a pending Family Part matter the motion shall be made to the judge assigned to that case and if no judge has been assigned, then to the presiding judge of that vicinage. If there is no pending Family Part matter, then the motion should be made to the presiding judge of the Family Part where the municipal court is located.
(c) Juvenile Delinquency Actions. The transfer of juvenile delinquency actions between the Family Part and other courts shall be governed by R. 5:23. The referral of a juvenile delinquency action to the Law Division for prosecution as in the case of an adult shall be governed by R. 5:22.
Note: Source-new. Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b)(2) amended November 1, 1985 to be effective January 2, 1986.
}
referenced_by: 3:1-6, 4:3-4, 5:1-2, 7:8-6
source: njcourts.gov // verbatim; changed 2025-09-16; corpus harvested 2026-09-02