Rule 3:10-7 Effect of Determination of Motion
Rule 3:10 — Pleading and Motions Before Trial; Defenses and Objections
Rule Text
Except as provided in R. 3:9-3(f), if a motion is determined adversely to the defendant, the defendant shall be permitted to plead if the defendant has not previously pleaded but a plea previously entered shall stand. If an objection or defense specified in R. 3:10-2 is sustained and is not otherwise remediable the court shall order the indictment or accusation dismissed. If the court grants a motion to dismiss an indictment or accusation, it may also order that the defendant be held in custody or that bail be continued for a specified time pending the filing of a new indictment or accusation.
Amendment history: Source--R.R. 3:5-5(b) (2) (sixth sentence), 3:5-5(b) (5). Amended July 21, 1980 to be effective September 8, 1980; amended July 13, 1994 to be effective September 1, 1994; amended July 13, 1994 to be effective January 1, 1995.