N.J. Ct. R.

3:10
As amended through December 28, 2023
Rule 3:10 - Pleading and Motions Before Trial; Defenses and Objections
Rule 3:10-1. Pleadings and Motions

Pleadings in criminal actions shall consist only of the complaint, the indictment or accusation, and the
plea. Any defense or objection capable of determination without trial of the general issue may be raised
before trial by motion to dismiss or for other appropriate relief.

Rule 3:10-2. Time and Manner of Making Motion; Hearing on Motion

(a) Time and Manner of Making Motion. Unless otherwise required by law, preindictment motions
shall be heard by the judge to whom the case is assigned. If the case has not been assigned to a judge
pre-indictment motions shall be made to the Criminal Presiding Judge or designee, except as otherwise
provided by law. Unless otherwise required by law, or ordered by the Criminal Presiding Judge, post-
indictment motions shall be made to the judge to whom the indictment has been assigned. Unless
otherwise instructed by the court, at the arraignment counsel shall advise the court of their intention to
make motions. Absent good cause, all motions shall be filed with the court and be accompanied by a
brief by the scheduled Initial Case Disposition Conference. If, however, the party opposing the motion
bears the burden of proof, the time for submitting the brief is at the discretion of the court. The dates
for briefing and for the hearing of such motions shall be set by the court either before or at the Initial
Case Disposition Conference. Unless otherwise ordered by the court, motions and conferences shall be
scheduled on the same day. The court may for good cause shown and in the interest of justice permit
additional motions to be made thereafter. A motion shall include all defenses and objections then
available to the defendant.
(b) Hearing on Motion. A motion made before trial shall be determined before the trial memorandum is
prepared and the trial date fixed, unless the court, for good cause, orders it deferred for determination at
or after trial.
(c) Defenses and Objections Which Must Be Raised Before Trial. The defense of double jeopardy and
all other defenses and objections based on defects in the institution of the prosecution or in the
indictment or accusation, except as otherwise provided by R. 3:10-2(d) (defenses which may be raised
only before or after trial) and R. 3:10-2(e) (lack of jurisdiction), must be raised by motion before trial.
Failure to so present any such defense constitutes a waiver thereof, but the court for good cause shown
may grant relief from the waiver.
(d) Defenses and Objections Which May Only Be Raised Before or After Trial. The defense that the
indictment or accusation fails to charge an offense and the defense that the charge is based on a statute
or regulation promulgated pursuant to statute which is unconstitutional or invalid in whole or in part
may only be raised by motion either before trial or within 10 days after a verdict of guilty or within
such further time as the court may fix during such 10-day period, or on appeal. Such defenses shall not
be considered during trial.
(e) Lack of Jurisdiction. The court shall notice the defense of lack of jurisdiction in the court at any
time during the pendency of the proceeding except during trial.
(f)Motions Subject to R. 3:25-4(i)(3). In cases where an eligible defendant has been ordered to be
detained pending trial, all briefing, arguments, and evidentiary hearings required to complete the record
on a pretrial motion shall be completed promptly but in no event later than 60 days after the filing of
the notice of motion, unless the court finds that good cause exists to extend the time within which to
complete the record, and the court sets forth on the record, whether orally or in writing, those facts that
support its finding of good cause. Note: Source-R.R. 3:5-5(b)(2) (second and fourth sentences); caption
amended, Rule amended and redesignated as paragraph (c), Rules 3:10-3 3:10-4, 3:10-5, and 3:10-6
amended, redesignated and incorporated into R. 3:10-2 as paragraphs (d), (e), (a), and (b) respectively
July 13, 1994 to be effective January 1, 1995; paragraph (a) amended April 12, 2016 to be effective
May 20, 2016; paragraph (a) amended August 1, 2016 to be effective September 1, 2016; new
paragraph (f) adopted August 30, 2016 to be effective January 1, 2017.
Note: Source-R.R. 3:5-5(b)(2) (second and fourth sentences); caption amended, Rule amended and
redesignated as paragraph (c), Rules 3:10-3 3:10-4, 3:10-5, and 3:10-6 amended, redesignated and
incorporated into R. 3:10-2 as paragraphs (d), (e), (a), and (b) respectively July 13, 1994 to be effective
January 1, 1995; paragraph (a) amended April 12, 2016 to be effective May 20, 2016; paragraph (a)
amended August 1, 2016 to be effective September 1, 2016; new paragraph (f) adopted August 30,
2016 to be effective January 1, 2017.

Rule 3:10-3. Notice by the State-Expert Witness Testimony When Testifying Expert Did Not
Participate in Underlying Tests

(a) Notice by the State. Whenever the State intends to call an expert witness to testify at trial and that
expert witness did not conduct, supervise, or participate in a scientific or other such test about which he
or she will testify, the State shall serve written notice upon the defendant and counsel of intent to call
that witness, along with a proffer of such testimony, all reports pertaining to such testimony, and any
underlying tests, at least 20 days before the pretrial proceeding begins, or at least 20 days before the
pretrial conference. If extenuating circumstances exist, the state may file the notice after this deadline.
For purposes of this rule the term "test" shall include any test, demonstration, forensic analysis or other
type of expert examination.
(b) Objection by the Defendant. If the defendant intends to object to the expert testimony, the defendant
shall serve written notice upon the State of any objection within 10 days of receiving the State's notice
of intent. In the defendant's notice of objection, he or she must specify the grounds for such objection,
including any Confrontation Clause grounds under either the United States or New Jersey State
Constitution.
(c) Determination. Whenever a defendant files a notice of objection specifying the grounds for
objection, the court shall decide admissibility of the testimony on the grounds alleged no later than
seven days before the beginning of trial.
(d) Failure to Comply With Time Limitations. The defendant's failure to file a notice of objection
within the timeframe required by this rule shall constitute a waiver of any objection to the admission of
the expert testimony. The defendant's failure to specify a particular ground for such objection shall
constitute a waiver of any ground not specified. The State's failure to file a notice of intent within the
timeframe required by this rule shall for good cause shown extend the time for defendant to object
pursuant to paragraph (b) and for the court to decide admissibility of the testimony pursuant to
paragraph (c). In any event, the court may take such action as the interest of justice requires.
(e) Time Limitations. The time limitations set forth in this rule shall not be relaxed except upon a
showing of good cause.
Note: Source-R.R. 3:5-5(b)(2) (first sentence); former R. 3:10-3 redesignated 3:10-2(d) July 13, 1994
to be effective January 1, 1995. New Rule adopted July 27, 2015 to be effective September 1, 2015.

Rule 3:10-4. [Reserved]

Rule 3:10-5. [Reserved]

Rule 3:10-6. [Reserved]

Rule 3:10-7. Effect of Determination of Motion

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.

N.J. Ct. R. 3:10

Last amended effective 1/1/2017