Rule 3:4-7 Pre-Indictment Hearing
Rule 3:4 — Proceedings Before The Committing Judge; Pretrial Release
Rule Text
(a) Eligible Defendant. The court shall conduct a pre-indictment hearing for an eligible defendant, as defined in N.J.S.A. 2A:162-15, who has been charged with an indictable offense, has not been indicted, and is detained.
(b) Scheduling. The court shall schedule the hearing to occur before the expiration of the 90-day period for the return of the indictment pursuant to N.J.S.A. 2A:162-22, adjusted for excludable time, and not earlier than 15 calendar days before that expiration date.
(c) Discovery. Unless previously provided, the prosecutor shall provide to the defendant all available relevant material pursuant to R. 3:13-3(a) no later than three business days prior to the hearing date.
(d) Hearing and Finding. At the hearing, the State must establish probable cause to support the criminal charges. To meet that burden, the State must present oral testimony from at least one witness with personal knowledge of the case; that witness may be a law enforcement officer involved in the investigation. The defendant shall be afforded the right to cross-examine any witness who appears at the hearing, to testify, to present witnesses, and to present information by proffer or otherwise. Hearsay testimony is permissible. The hearing shall be held remotely unless the court finds good cause to conduct the hearing in-person.
(1) Probable Cause. If from the evidence presented by the prosecutor, the court finds probable cause to believe the offense has been committed and the defendant committed it, the court may allocate an additional period of time, not to exceed 20 days, in which the return of an indictment shall occur.
(2) No Probable Cause. If from the evidence presented by the prosecutor, the court does not find probable cause, the court shall dismiss the complaint and discharge the defendant. A discharge does not preclude the prosecutor from filing a new complaint and prosecuting the defendant for the same offense.
(e) Return of Indictment. The hearing shall not be held if an indictment has been returned against the defendant.
Amendment history: Adopted November 10, 2020 to be effective January 15, 2021.