Rule 3:11-2 First-Time In-Court Identifications
Rule 3:11 — Identifications –Out-of-Court; In-Court
Rule Text
The State may not conduct an in-court identification of a defendant by a witness who has not identified the defendant at a prior out-of-court identification procedure unless, on the State’s motion, the court determines at a hearing conducted pursuant to N.J. Evid. R. 104 before the commencement of trial that the identification is admissible. Prior to the hearing, the State shall disclose in writing all communications with the first-time in-court identification witness before or during trial preparation that relate to the proposed first-time in-court identification and, if applicable, produce all records relating to any prior attempted out-of-court identification procedure pursuant to R. 3:11-1 and R. 3:13-3(b)(1)(J).
Amendment history: Former Rule Source - R.R. 3:5-9(d); revised and redesignated R. 3:12-2(b) July 13, 1994 to be effective January 1, 1995. New Rule adopted July 31, 2025 to be effective September 1, 2025.