R. 7:8-5 New Jersey Rules of Court, R. 7:8-5: ​​​​​​​Dismissal, rendered as code with every cross-reference linked

rule 7:8-5 "​​​​​​​Dismissal" {
(a) Dismissal of Complaint Not Moved. If the complaint is not moved on the day for trial, the court may direct that it be heard on a specified return date and a notice thereof be served on the complaining witness, all defendants and all other known witnesses. If the complaint is not moved on that date, the court may order the complaint dismissed.
(b) Dismissal of Complaint by Motion; Recall of Warrant. A complaint may also be dismissed by the court for good cause at any time on its own motion, on the motion of the State, county or municipality or on defendant's motion. On dismissal, any warrant issued shall be recalled, and the matter shall not be reopened on the same complaint except to correct a manifest injustice.
(c) Periodic Dismissal of Certain Municipal Court Complaints. At least annually, after notice to the prosecutor and pursuant to procedures promulgated by the Administrative Director of the Courts, the court shall dismiss all eligible complaints that are more than ten years old, unless the court determines that, in the interests of justice, the complaint should not be dismissed.
Note: Source-R. (1969) 7:4-2(i). Adopted October 6, 1997 to be effective February 1, 1998; amended July 28, 2004 to be effective September 1, 2004; text redesignated as paragraph (a) and (b) and paragraph captions added, new paragraph (c) added August 14, 2019 to be effective January 1, 2020.
}
referenced_by: 7:2-4
source: njcourts.gov // verbatim; changed 2025-09-22; corpus harvested 2026-09-02