N.J. Ct. R. 2:3-1

As amended through October 28, 2024
Rule 2:3-1 - Appeal by the State in Criminal Actions

In any criminal action the State may appeal or, where appropriate, seek leave to appeal pursuant to R. 2:5-6(a):

(a) to the Supreme Court from a final judgment or from an order of the Appellate Division, pursuant to R. 2:2-2(a) or R. 2:2-3;
(b) to the appropriate appellate court from:
(1) a judgment of the trial court dismissing an indictment, accusation or complaint, where not precluded by the constitution of the United States or of New Jersey;
(2) an order of the trial court entered before trial in accordance with R. 3:5 (search warrants);
(3) a judgment of acquittal entered in accordance with R. 3:18-2 (judgment n.o.v.) following a jury verdict of guilty;
(4) a judgment in a post-conviction proceeding collaterally attacking a conviction or sentence;
(5) an interlocutory order entered before, during or after trial, or,
(6) as otherwise provided by law.

N.J. Ct. R. 2:3-1

Source-R.R. 1:2-4(a) (c) (1) (2), 3:2A-10, 3:5-5(b)(7). Paragraph (b)(3) amended July 29, 1977 to be effective 9/6/1977; paragraph (b)(1) amended July 16, 1979 to be effective 9/10/1979; paragraph (b)(5) amended and (6) adopted August 28, 1979 to be effective 9/1/1979; paragraph (a) amended July 27, 2018 to be effective 9/1/2018.