7:11-3. Process
(a) Issuance; Return; Warrant or Summons; Service. Upon the filing of a complaint, a summons specifying the provisions of the statute or ordinance alleged to have been violated shall issue and shall be returnable in not less than five, nor more than 15 days. If, however, the statute or ordinance so provides, a warrant may issue in lieu of a summons without court order and, if issued, shall be returnable immediately. The Administrative Director of the Courts may prescribe special forms of complaint and summons for use in proceedings under R. 7:11. A law enforcement officer may make and sign any such prescribed complaint and summons, and, after compliance with R. 7:2-1(a), (e), and (f), R. 7:2-2(a) and R. 7:11-2, may issue and serve the summons upon the defendant and thereafter file the complaint promptly with the court named in the complaint. The prescribed complaint and summons may also be issued, served and executed by any person authorized to do so in the court in which the proceedings are brought or by any other person designated for that purpose by the statute imposing the penalty.
(b) Arrest Without a Warrant. If the statute imposing the penalty authorizes arrest without a warrant for a violation committed within the view of a law enforcement officer, the law enforcement officer shall, on making an arrest, bring the defendant before a court having jurisdiction of the proceedings and shall immediately file a complaint. In that event, no process for the defendant's appearance shall issue, but upon the filing of the complaint, the matter shall proceed as though process had issued and had been there and then duly served and returned.
(c) Authority of Municipal Court Administrator as to Process. The municipal court administrator or deputy court administrator of the court in which the proceedings are instituted may sign, seal, and issue any process required to be issued under R. 7:11, except a warrant of commitment.]
Note: Source - R. (1969) 7:9, 4:70-3. Adopted October 6, 1997 to be effective February 1, 1998; paragraph (a) amended July 5, 2000 to be effective September 5, 2000; rule deleted July 28, 2004 to be effective September 1, 2004.
