Court rule 3:7-3. Nature and Contents of Indictment or Accusation; Timing of Supplemental Indictment

3:7-3. Nature and Contents of Indictment or Accusation; Timing of Supplemental Indictment

• (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 specified 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.
• (c) Specification of Aggravating Factors. In addition to the requirements in paragraph (b) of this rule, every indictment or supplemental indictment for a crime punishable by death shall specify any aggravating factors as set forth in N.J.S.A. 2C:11-3(c)(4) that the State intends to prove at the penalty phase.
• (d) Timing of Supplemental Indictments. Any supplemental indictment specifying aggravating factors set forth in N.J.S.A. 2C:11-3(c)(4) shall be returned no later than 90 days after the return or unsealing of the original indictment, which period shall be enlarged only for good cause shown.