7:2-1. Contents of Complaint, Arrest Warrant and Summons
(a) Complaint: General. The complaint shall be a written statement of the
essential facts constituting the offense charged made on a form approved by the
Administrative Director of the Courts. Except as otherwise provided by paragraphs (e)
(Traffic Offenses), (f) (Special Form of Complaint and Summons), and (g) (Use of
Special Form of Complaint and Summons in Penalty Enforcement Proceedings), the
complaining witness shall attest to the facts contained in the complaint by signing a
certification or signing an oath before a judge or other person so authorized by N.J.S.A.
2B:12-21. [, all complaints shall be by certification or by oath before a judge or other
person so authorized by N.J.S.A. 2B:12-21. The municipal court administrator or deputy
court administrator shall accept for filing every complaint made by any person.]
If the complaining witness is a law enforcement officer, the complaint may be
signed by an electronic entry secured by a Personal Identification Number (hereinafter
referred to as an electronic signature) on the certification, which shall be equivalent to
and have the same force and effect as an original signature.
(b) Acceptance of Complaint. The municipal court administrator or deputy court
administrator shall accept for filing every complaint made by any person.
(c) [ (b) ] Summons: General. The summons shall be on a Complaint-Summons
form (CDR-1) or other form prescribed by the Administrative Director of the Courts and
shall be signed by the officer issuing it. An electronic [entry of the] signature
[(hereinafter referred to as an electronic signature)] of any law enforcement officer or
any other person authorized by law to issue a Complaint-Summons shall be equivalent
to and have the same force and effect as an original signature. The summons shall be
directed to the defendant named in the complaint, shall require defendant's appearance
at a stated time and place before the court in which the complaint is made, and shall
inform defendant that an arrest warrant may be issued for a failure to appear.
(d) [ (c) ] Arrest Warrant: General. The arrest warrant shall be made on a
Complaint-Warrant form (CDR-2) or other form prescribed by the Administrative Director
of the Courts and shall be signed by the judge or, when authorized by the judge, by the
municipal court administrator or deputy court administrator after a determination of
probable cause. An electronic signature by the judge, authorized municipal court
administrator, or deputy court administrator shall be equivalent to and have the same
force and effect as an original signature. The warrant shall contain the defendant's
name or, if unknown, any name or description that identifies the defendant with
reasonable certainty. It shall be directed to any officer authorized to execute it and shall
order that the defendant be arrested and brought before the court issuing the warrant.
The judicial officer issuing a warrant may specify therein the amount and conditions of
bail, consistent with R. 7:4, required for defendant's release.
(e) [ (d) ] Arrest Warrant: By Telephone. A judge may issue an arrest warrant
upon sworn oral testimony of a law enforcement applicant who is not physically present.
Such sworn oral testimony may be communicated by the applicant to the judge by
telephone, radio or other means of electronic communication.
The judge shall administer the oath to the applicant. Subsequent to taking the
oath, the applicant must identify himself or herself and read verbatim the Complaint-
Warrant (CDR-2) and any supplemental affidavit that establishes probable cause for the
issuance of an arrest warrant. If the facts necessary to establish probable cause are
contained entirely on the Complaint-Warrant (CDR-2) and/or supplemental affidavit, the
judge need not make a contemporaneous written or electronic recordation of the facts in
support of probable cause. If the law enforcement applicant provides additional sworn
oral testimony in support of probable cause, the judge shall contemporaneously record
such sworn oral testimony by means of a tape-recording device or stenographic
machine, if such is available; otherwise, adequate longhand notes summarizing the
contents of the law enforcement applicant's testimony shall be made by the judge. This
sworn testimony shall be deemed to be an affidavit or a supplemental affidavit [, or a
supplemental affidavit,] for the purposes of issuance of an arrest warrant.
An arrest warrant may issue if the judge is satisfied that probable cause exists for
issuing the warrant. Upon approval, the judge shall memorialize the date, time,
defendant's name, complaint number, the basis for the probable cause determination,
and any other specific terms of the authorization. That memorialization shall be either by
means of a tape-recording device, stenographic machine or by adequate longhand
notes. Thereafter, the judge shall direct the applicant to print his or her name, the date
and time of the warrant, followed by the phrase "By Officer ----------------- , per telephonic
authorization by ----------------" on the Complaint-Warrant (CDR-2) form. Within 48 hours,
the applicant shall deliver to the judge, either in person or via facsimile transmission, the
signed Complaint-Warrant (CDR-2) and supporting affidavit. The judge shall verify the
accuracy of these documents by affixing his or her signature to the Complaint-Warrant
(CDR-2).
(f) [ (e) ] Traffic Offenses
(1) Form of Complaint and Process. The Administrative Director of the Courts
shall prescribe the form of Uniform Traffic Ticket to serve as the complaint, summons or
other process to be used for all parking and other traffic offenses. On a complaint and
summons for a parking or other non-moving traffic offense, the defendant need not be
named. It shall be sufficient to set forth the license plate number of the vehicle, and its
owner or operator shall be charged with the violation.
(2) Issuance. The complaint may be made and signed by any person, but the
summons shall be signed and issued only by a law enforcement officer or other person
authorized by law to issue a Complaint-Summons, the municipal court judge, municipal
court administrator or deputy court administrator of the court having territorial
jurisdiction. An electronic signature of any law enforcement officer or other person
authorized by law to issue a Complaint-Summons shall be equivalent to and have the
same force and effect as an original signature.
(3) Records and Reports. Each court shall be responsible for all Uniform Traffic
Tickets printed and distributed to law enforcement officers or others in its territorial
jurisdiction, for the proper disposition of Uniform Traffic Tickets and for the preparation
of such records and reports as the Administrative Director of the Courts prescribes. The
provisions of this subparagraph shall apply to the [Director of the Division of Motor
Vehicles] Chief Administrator of the Motor Vehicle Commission, the Superintendent of
State Police in the Department of Law and Public Safety, and to the responsible official
of any other agency authorized by the Administrative Director of the Courts to print and
distribute the Uniform Traffic Ticket to its law enforcement personnel.
(g) [ (f) ] Special Form of Complaint and Summons. A special form of complaint
and summons for any action, as prescribed by the Administrative Director of the Courts,
shall be used in the manner prescribed in place of any other form of complaint and
process.
(h) [ (g) ] Use of Special Form of Complaint and Summons in Penalty
Enforcement Proceedings. The Special Form of Complaint and Summons, as
prescribed by the Administrative Director of the Courts, shall be used for all penalty
enforcement proceedings in the municipal court, including those that may involve the
confiscation and/or forfeiture of chattels. If the Special Form of Complaint and
Summons is made by a governmental body or officer, it may be certified or verified on
information and belief by any person duly authorized to act on its or the State's behalf.
