Tuesday, February 10, 2009

7:11-5. Judgment; Commitment

7:11-5. Judgment; Commitment
(a) Form of Judgment. The judgment of conviction in proceedings under R. 7:11 shall be signed by the judge rendering it and shall be in the form prescribed by the Administrative Director of the Courts.
(b) Commitment of Defendant Failing to Pay Judgment. If the statute imposing the penalty provides for commitment of the defendant on the failure immediately to pay the amount of any money judgment rendered against the defendant, the court shall direct defendant's commitment to any institution and, for such time as the statute authorizes, unless the judgment is sooner paid. The form of commitment shall be added beneath the signature to the judgment, signed in duplicate by the judge and in the form prescribed by the Administrative Director of the Courts. One of the duplicates shall serve as the warrant of commitment.
(c) Money Judgment, Execution, Property and Persons Subject To. If a money judgment is rendered against a defendant, execution may issue, in the form prescribed by the Administrative Director of the Courts, against the goods and chattels of the defendant; against defendant's real estate if the judgment is entered on the Civil Judgment and Order Docket in accordance with R. 4:10; and against the body of an individual defendant, provided the court in which the judgment is rendered shall by special order so direct and shall designate in said order the maximum number of days during which the defendant may be detained in custody under that body execution.
(d) Costs. The costs prescribed by the statute imposing the penalty in any proceeding under R. 7:11 shall be recovered by the plaintiff if the judgment is rendered against the defendant.