(a) Nature and Contents Generally. The indictment or accusation shall be a
written statement of the essential facts constituting the crime charged, need not contain
a formal commencement and shall be signed by the prosecuting attorney. The
indictment shall be endorsed as a true bill by the foreperson and conclude: "against the
peace of this State, the government and dignity of the same." Allegations made in one
count of the indictment or accusation may be incorporated by reference in another
count. It may be alleged in a single count either that the means by which the defendant
committed the offense are unknown or that the defendant committed it by one or more
specific means. An indictment or accusation or any count thereof charging the violation
of a statute or statutes shall state the official or customary citation thereof, but error in
the citation or its omission shall not be ground for dismissal of the indictment or
accusation or for reversal of a conviction if the error or omission did not prejudicially
mislead the defendant. Surplusage in the indictment or accusation may be stricken by
the court on defendant's motion.
(b) Indictment for Murder. Every indictment for murder shall specify whether the act is murder as defined by N.J.S.A. 2C:11-3(a)(1), (2) or (3) and whether the defendant is alleged: (1) to have committed the act by his or her own conduct or (2) to have procured the commission of the offense by payment or promise of payment, of anything of pecuniary value or (3) to be the leader of a drug trafficking network, as defined in N.J.S.A. 2C:35-3, and who, in furtherance of a conspiracy enumerated in N.J.S.A. 2C:35-3, commanded or by threat or promise solicited the commission of the offense.
Note: Source -- R.R. 3:4-3(a) (b) (c), 3:4-4. Paragraphs (a) and (b) amended August 28, 1979 to be effective September 1, 1979; paragraph (b) amended September 28, 1982 to be effective immediately; paragraph (b) amended July 13, 1993 to be effective immediately; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994; caption amended and new paragraphs (c) and (d) adopted March 14, 2005 to be effective immediately; paragraph (b) text and caption amended June 15, 2007 to be effective September 1, 2007; caption amended and paragraphs (c) and (d) deleted July 28, 2017 to be effective September 1, 2017.
(b) Indictment for Murder. Every indictment for murder shall specify whether the act is murder as defined by N.J.S.A. 2C:11-3(a)(1), (2) or (3) and whether the defendant is alleged: (1) to have committed the act by his or her own conduct or (2) to have procured the commission of the offense by payment or promise of payment, of anything of pecuniary value or (3) to be the leader of a drug trafficking network, as defined in N.J.S.A. 2C:35-3, and who, in furtherance of a conspiracy enumerated in N.J.S.A. 2C:35-3, commanded or by threat or promise solicited the commission of the offense.
Note: Source -- R.R. 3:4-3(a) (b) (c), 3:4-4. Paragraphs (a) and (b) amended August 28, 1979 to be effective September 1, 1979; paragraph (b) amended September 28, 1982 to be effective immediately; paragraph (b) amended July 13, 1993 to be effective immediately; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994; caption amended and new paragraphs (c) and (d) adopted March 14, 2005 to be effective immediately; paragraph (b) text and caption amended June 15, 2007 to be effective September 1, 2007; caption amended and paragraphs (c) and (d) deleted July 28, 2017 to be effective September 1, 2017.
