Sunday, May 18, 2014

Court rule 3:3-3. Execution or Service; Return

3:3-3. Execution or Service; Return

  • (a) By Whom. The warrant shall be executed and the summons served by any officer authorized by law.
  • (b) Territorial Limits. The warrant may be executed and the summons served at any place within this State. An officer arresting a defendant in a county other than the one in which the warrant was issued shall take the defendant, without unnecessary delay, before the nearest available committing judge authorized to admit to bail in accordance with R. 3:26-2, who may admit to bail conditioned on the defendant's appearance before the court issuing the warrant. Nothing in this rule shall affect the provisions of N.J.S. 2A:156-1 to 2A:156-4 (Uniform Act on Intrastate Fresh Pursuit).
  • (c) Execution of Warrant. The warrant shall be executed by the arrest of the defendant. The warrant need not be in the possession of the officer at the time of the arrest, but upon request, the officer shall show the warrant to the defendant as soon as possible. If the warrant is not in the possession of the officer at the time of the arrest, the officer shall inform the defendant of the offense charged and of the fact that a warrant has been issued.
  • (d) Service of Summons. The summons shall be served in accordance with R. 4:4-4.
  • (e) Return. The officer executing a warrant shall make prompt return thereof to the court which issued the warrant. The officer serving a summons shall make return thereof to the court before whom the summons is returnable on or before the return day.