Motions
A motion is an application or a request in which a party in a case asks
the court to issue an order granting some form of relief. Unless the
motion is made during a trial or hearing it shall be made in writing by
a notice of motion. All motions including supporting briefs, affidavits
and any other documents shall be served upon all attorneys of record
and all pro se parties including codefendants. Defense counsel files
most motions, but some, such as a motion for depositions, may be
filed by the State. Often motions filed in the criminal division are
pro se submissions from defendants who are in custody.
All motions should be filed with the Motions Clerk in the Criminal
Records Office. If a motion is sent directly to the court, it should be
sent to the Criminal Records Office for filing. The court clerk should
indicate the results of the motion hearing on the motion calendar.
The calendar is returned to the Motions clerk who enters the results
into Promis Gavel. See, special procedures for handling Post
Conviction Relief Motions.
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The name is derived from the New Jersey Supreme Court's decision in State v. Sands , 76 NJ 127(1978)
Motions are assigned according to the type of motion that is filed.
The Criminal Presiding Judge hears motions for Pre-Indictment
Homicide Bails, State Grand Jury and Homicide Arraignments, Pre-
Indictment Juvenile and Special Interest Arraignments. Trial judges
handle the remainder of the motions including motions for Dismissal
of Complaint for Lack of Prosecution and Reduction of Bail on
homicides (post-indictment) for their team. (See Schedule of
Miscellaneous Assignments).
