Rule 7:2-2 - Issuance of Complaint-Warrant (CDR-2) or Summons(a)Probable Cause.(1)Finding of Probable Cause.A finding of probable cause by a judicial officer that an offense was committed and that the defendant committed it must be made beforeissuance of a Complaint-Warrant (CDR-2) or a summons except as provided in paragraphs (a)(3) and (a)(4). The Complaint-Warrant (CDR-2) or summons may beissued only if it appears to the judicial officer from the complaint, affidavit, certification or testimony that there is probable cause to believe that an offense was committed and the defendant committed it. The judicial officer's finding of probable cause shall be noted on the face of the Complaint-Warrant (CDR-2) or summons and shall be confirmed by the judicial officer's signature issuing the Complaint-Warrant (CDR-2) orsummons.(2)Finding of No Probable Cause.If the municipal court administrator or deputy courtadministrator finds that no probable cause exists to issue a Complaint-Warrant (CDR-2) or summons, or that the applicable statutory time limitation to issue the Complaint-Warrant (CDR-2) or summons has expired, that finding shall be reviewed by the judge. Ajudge finding no probable cause to believe that an offense occurred or that the statutory time limitation to issue a Complaint-Warrant (CDR-2) or a summons has expired shall not issue the Complaint-Warrant (CDR-2) or summons.(3)Complaint by Law Enforcement Officer or Other Statutorily Authorized Person.Asummons on a complaint made by a law enforcement officer charging any offensemay be issued by a law enforcement officer or by any person authorized to do so by statute without a finding by a judicial officer of probable cause for issuance. A law enforcement officer may personally serve the summons on the defendant withoutmaking a custodial arrest.(4)Complaint by Code Enforcement Officer.A summons on a complaint made by aCode Enforcement Officer charging any offense within the scope of the CodeEnforcement Officer's authority and territorial jurisdiction may be issued without afinding by a judicial officer of probable cause for issuance. A Code Enforcement Officer may personally serve the summons on the defendant. Otherwise, service shall be inaccordance with these rules. For purposes of this rule, a "Code Enforcement Officer" is apublic employee who is responsible for enforcing the provisions of any state, county or municipal law, ordinance or regulation which the public employee is empowered to enforce.(b)Authorization for Process of Citizen Complaints.(1)Issuance of a Citizen Complaint Charging Disorderly Persons Offense, PettyDisorderly Persons Offense, or Any Other Matter Within the Jurisdiction of the Municipal Court.A Complaint-Warrant (CDR-2) or a summons charging a disorderly personsoffense, petty disorderly persons offense or any other matter within the jurisdiction ofthe municipal court, as set forth in N.J.S.A. 2B:12-17 and R. 7:1, made by a private citizenmay be issued only by a judge or, if authorized by the judge, by a municipal court administrator or deputy court administrator of a court with jurisdiction in themunicipality where the offense is alleged to have been committed within the statutory time limitation.(2)County Prosecutor Review of Citizen Complaints Charging Disorderly Persons Offenses.Prior to a finding of probable cause and issuance of a Complaint-Warrant(CDR-2) or a summons charging a disorderly persons offense made by a privatecitizen against a candidate or nominee for public office or a person holding public office as defined in N.J.S.A. 19:1-1, the Complaint-Warrant (CDR-2) or summons shall be reviewed by a county prosecutor for approval or denial. Prior to approval, the prosecutor has the authority to modify the charge. If the prosecutor approves thecitizen complaint charging a disorderly persons offense, the prosecutor shall indicatethis decision on the complaint and submit it to a judicial officer who will determine ifprobable cause exists and whether to issue a Complaint-Warrant (CDR-2) or summons in the Judiciary's computerized system used to generate complaints. If the prosecutor denies the citizen complaint charging a disorderly persons offense, theprosecutor shall report the denial and the basis therefor to the Assignment Judge onthe record or in writing and shall notify the citizen complainant and the defendant. Theabsence of approval or denial within the timeframe set forth in R. 7:2-2(b)(6) shall be deemed as not objecting to the citizen complaint. The citizen complaint charging a disorderly persons offense shall be reviewed by the judicial officer for a probable cause finding.(3)Issuance of a Citizen Complaint Charging Indictable Offenses.A Complaint-Warrant (CDR-2) or a Complaint-Summons (CDR-1) charging any indictable offense made by a private citizen may be issued only by a judge.(4)County Prosecutor Review of Citizen Complaints Charging Indictable Offenses.Prior to a finding of probable cause and issuance of a Complaint-Warrant (CDR-2) or aComplaint-Summons (CDR-1) charging any indictable offense made by a privatecitizen against any individual, the Complaint-Warrant (CDR-2) or Complaint-Summons (CDR-1) shall be reviewed by a county prosecutor for approval or denial. Prior to approval, the prosecutor has the authority to modify the charge. If the prosecutor approves the citizen complaint charging an indictable offense, the prosecutor shall indicate this decision on the complaint and submit it to a judge who will determine if probable cause exists and whether to issue a Complaint-Warrant (CDR-2) or a Complaint-Summons (CDR-1) in the Judiciary's computerized system used to generate complaints. If the prosecutor denies the citizen complaint charging an indictableoffense, the prosecutor shall report the denial and the basis therefor to the Assignment Judge on the record or in writing and shall notify the citizen complainant and the defendant. The absence of approval or denial within the timeframe set forth in R. 7:2-2(b)(6) shall be deemed as not objecting to the citizen complaint. The citizencomplaint charging an indictable offense shall be reviewed by the judge for a probablecause finding.(5)Probable Cause Findings - Citizen Complaints.The Complaint-Warrant (CDR-2) or summons charging: (i) a disorderly persons offense, petty disorderly persons offense or any other matter within the jurisdiction of the municipal court, as set forth in N.J.S.A. 2B:12-17 and R. 7:1, made by a private citizen may be issued by a judicial officer pursuant to (b)(1) of this rule, or(ii) any indictable offense made by a private citizen may be issued by a judge pursuant to (b)(3) of this rule, only if it appears from the complaint,affidavit, certification or testimony that there is probable cause to believe that anoffense was committed and the defendant committed it. The judicial officer's finding of probable cause shall be noted on the face of the Complaint-Warrant (CDR-2) or summons and shall be confirmed by the judicial officer's signature issuing theComplaint-Warrant (CDR-2) or summons.(6)Period of Time for County Prosecutor Review of Citizen Complaints ChargingDisorderly Persons and Indictable Offenses.The county prosecutor shall review citizen complaints pursuant to R. 7:2-2(b)(2), 7:2-2(b)(4), and R. 3:2-1(a)(2) within a period of no more than forty-five calendar days following receipt of the citizen complaint in the Judiciary's computerized system used to generate complaints. The prosecutor may apply to the court to extend the period of review upon a showing of good cause for additional periods of time no greater than ten calendar days each.(c)Issuance of a Complaint-Warrant (CDR-2) or Summons.(1)Issuance of a Summons.A summons may be issued on a complaint only if: (i) a judge, authorized municipal court administrator or authorized deputy municipal court administrator (judicial officer) finds from the complaint or an accompanying affidavit or deposition, that there is probable cause to believethat an offense was committed and that the defendant committed it and notesthat finding on the summons; or(ii) the law enforcement officer or code enforcement officer who made thecomplaint, issues the summons.(2)Issuance of a Complaint-Warrant (CDR-2).A Complaint-Warrant (CDR-2) may be issued only if: (i) a judicial officer finds from the complaint or an accompanying affidavit or deposition, that there is probable cause to believe that an offense wascommitted and that the defendant committed it and notes that finding on theComplaint-Warrant (CDR-2); and(ii) a judicial officer finds that subsection (f) of this rule allows a Complaint-Warrant (CDR-2) rather than a summons to be issued.(d)Indictable Offenses. Complaints involving indictable offenses are governed by the Part III Rules, which address mandatory and presumed warrants for certain indictable offenses in Rule 3:3-1(e), (f).(e)Offenses Where Issuance of a Summons is Presumed. A summons rather than a Complaint-Warrant (CDR-2) shall be issued unless issuance of a Complaint-Warrant (CDR-2) is authorized pursuant to paragraph (f) of this rule.(f)Grounds for Overcoming the Presumption of Issuance of Summons. Regarding a defendant charged on matters in which a summons is presumed, when a law enforcement officer does not issue a summons, but requests, in accordance with guidelines issued by the Attorney General pursuant to N.J.S.A. 2A:162-16, the issuance of a Complaint-Warrant (CDR-2), the judicial officer may issue a Complaint-Warrant (CDR-2) when the judicial officer finds that there is probable cause to believe that the defendant committed the offense, and the judicial officer has reason to believe, based on one or more of the following factors, that a Complaint-Warrant (CDR-2) is needed to reasonably assure a defendant's appearance in court when required, to protect the safety of any other person or the community, or to assure that the defendant will not obstruct or attempt to obstruct the criminal justice process:(1) the defendant has been served with a summons for any prior indictable offense andhas failed to appear;(2) there is reason to believe that the defendant is dangerous to self or will pose a danger to the safety of any other person or the community if released on a summons;(3) there is one or more outstanding warrants for the defendant;(4) the defendant's identity or address is not known and a warrant is necessary to subject the defendant to the jurisdiction of the court;(5) there is reason to believe that the defendant will obstruct or attempt to obstruct thecriminal justice process if released on a summons;(6) there is reason to believe that the defendant will not appear in response to a summons;(7) there is reason to believe that the monitoring of pretrial release conditions by the pretrial services program established pursuant to N.J.S.A. 2A:162-25 is necessary to protect any victim, witness, other specified person, or the community. The judicial officer shall consider the results of any available preliminary public safety assessment using a risk assessment instrument approved by the Administrative Directorof the Courts pursuant to N.J.S.A. 2A:162-25, and shall also consider, when such informationis available, whether within the preceding ten years the defendant as a juvenile was adjudicated delinquent for a crime involving a firearm, or a crime that if committed by anadult would be subject to the No Early Release Act (N.J.S.A. 2C:43- 7.2), or an attempt to commit any of the foregoing offenses. The judicial officer shall also consider any additional relevant information provided by the law enforcement officer or prosecutor applying for a Complaint-Warrant (CDR-2).
(g)Charges Against Corporations, Partnerships, Unincorporated Associations. A summons rather than a Complaint-Warrant (CDR-2) shall issue if the defendant is a corporation, partnership, or unincorporated association.(h)Failure to Appear After Summons. If a defendant who has been served with a summons fails to appear on the return date, a bench warrant may issue pursuant to law and Rule 7:8-9 (Procedures on Failure to Appear). If a corporation, partnership or unincorporated association has been served with a summons and has failed to appear on the return date, the court shall proceed as if the entity had appeared and entered a plea of not guilty.(i)Additional Complaint-Warrants (CDR-2) or Summonses. More than one Complaint-Warrant (CDR-2) or summons may issue on the same complaint.(j)Identification Procedures. If a summons has been issued or a Complaint-Warrant (CDR-2) executed on a complaint charging either the offense of shoplifting or prostitution or on a complaint charging any non-indictable offense where the identity of the person charged is in question, the defendant shall submit to the identification procedures prescribed by N.J.S.A. 53:1-15. Upon the defendant's refusal to submit to any required identification procedures, the court may issue a Complaint-Warrant (CDR-2).Source - R. (1969) 7:2, 7:3-1, 3:3-1. Adopted October 6, 1997 to be effective 2/1/1998; paragraphs (b) and (c) amended July 10, 1998 to be effective 9/1/1998; paragraph (a)(1) amended July 5, 2000 to be effective 9/5/2000; paragraph (a)(1) amended, new paragraph (b)(5) added, and former paragraph (b)(5) redesignated as paragraph (b)(6) July 12, 2002 to be effective 9/3/2002; paragraph (a)(1) amended, and paragraph (a)(2) caption and text amended July 28, 2004 to be effective 9/1/2004; paragraph (a)(1) amended and new paragraph (a)(3) adopted July 16, 2009 to be effective 9/1/2009; caption amended, paragraph (a)(1) amended, former paragraph (b) deleted, new paragraphs (b), (c), (d), (e), (f) adopted, former paragraph (c) amended and redesignated as paragraph (g), former paragraph (d) caption and text amended and redesignated as paragraph (h), and former paragraph (e) amended and redesignated as paragraph (i) August 30, 2016 to be effective 1/1/2017; new paragraph (a) caption adopted, new subparagraphs (a)(1) and (a)(2) adopted, former paragraph (a) redesignated as paragraph (b) and caption amended, former subparagraph (a)(1) redesignated as subparagraph (b)(1) and caption and text amended, former subparagraphs (a)(2) and (a)(3) redesignated as subparagraphs (a)(3) and (a)(4), new subparagraphs (b)(2), (b)(3), (b)(4), (b)(5), and (b)(6) adopted, former paragraph (b) redesignated as paragraph (c) and amended, former paragraph (c) redesignated as paragraph (d), former paragraphs (d) and (e) redesignated as paragraphs (e) and (f) and amended, former paragraphs (f) and (g) redesignated as paragraphs (g) and (h), former paragraph (h) redesignated as paragraph (i) and caption amended, former paragraph (i) redesignated as paragraph (j) August 2, 2019 to be effective 10/1/2019, effective date extended to January 1, 2020 pursuant to Court order dated September 25, 2019.