Title 2B, Title 2B: COURT ORGANIZATION AND CIVIL CODE

2B:23-12. Interest in action by or against county or municipality In an action in which a county or municipality is or may be a party or otherwise has an interest in the action, it shall not be a ground for challenge to the jury panel that the court officers, court employees or j…

2B:23-13 Peremptory challenges. 2B:23-13. Peremptory challenges. Upon the trial of any action in any court of this State, the parties shall be entitled to peremptory challenges as follows: a. In any civil action, each party, 6. b. Upon an indictment for kidnapping, murder, aggrav…

2B:23-14. Trial of challenges to jurors All challenges to panels of jurors or to individual jurors shall be decided by the court. Source: 2A:78-8 L.1995,c.44,s.1.

2B:23-15. Time for making challenges a. Challenges to jurors may be made at any time before the juror is sworn to try the case. b. No challenge to a juror may be made after the juror is sworn to try the case unless: (1) the basis for the challenge could not reasonably have been k…

2B:23-16. Jury of view a. At any time during trial the court may order that the jury view the lands, places or personal property in question to understand the evidence better. The court shall direct the viewing procedure. The order shall be directed to the proper officer, specify…

2B:23-17. Verdict by five-sixths of the jury In any civil trial by jury, at least five-sixths of the jurors shall render the verdict unless the parties stipulate that a smaller majority of jurors may render the verdict. Source: 2A:80-2 L.1995,c.44,s.1.

2B:23-18. Disagreement of jurors If the jury does not agree on a verdict, the court may order a new trial. Source: 2A:80-3 L.1995,c.44,s.1.

2B:23-2. Selection of trial jury from panel a. When a jury is required for trial, the names or identifying numbers of the jurors who constitute the panel or panels from which the jury is to be selected shall be placed on uniform pieces of paper or other uniform markers. The marke…

2B:23-3. Impaneling of additional jurors The court may direct the impaneling of a jury with additional members having the same qualifications and impaneled and sworn in the same manner as a jury of 12 or 6. All the jurors shall hear the case, but the court for good cause may excu…

2B:23-4. Names of selected trial jurors The names of the jurors selected and sworn to try a case shall be made a part of the record of the case. Source: 2A:74-4 L.1995,c.44,s.1.

2B:23-5. Names of jurors drawn for trial jury replace in pool After a jury has been selected and sworn, the names or identifying numbers of jurors not sworn to try the case shall be returned to the general pool of eligible jurors before the drawing of another jury. The names or i…

2B:23-6. Oath of jurors The following oath shall be administered to each juror: "Do you swear or affirm that you will try the matter in dispute and give a true verdict according to the evidence?" Source: 2A:74-6 L.1995,c.44,s.1.

2B:23-7. Oath of officer attending jury The following oath shall be administered to the officer appointed to attend the jury: "Do you swear or affirm that you will do your best to keep every person sworn on this jury together in a private place, and that you will not allow any pe…

2B:23-8. Jurors to serve beyond period for which drawn until completion of trial When a jury does not complete its trial service during the session for which its members are to serve as jurors, the court may order that the jury shall serve until the completion of the trial even t…

2B:23-9. Juries drawn from other counties a. When a court orders a trial by a jury drawn from outside the county in which the court is sitting, the order shall specify the number of jurors to be returned and shall be directed, and made returnable, to the sheriff of the county fro…

2B:24-1 Findings, declarations relative to municipal public defenders 1. The Legislature finds and declares: a. Municipal public defenders are a critical component of New Jersey's system for the administration of justice and the effective, fair and equal representation of the poo…

2B:24-10 Investigation of financial status of defendant 10. The municipal court shall make an investigation of the financial status of each defendant seeking representation pursuant to this act and shall have the authority to require a defendant to execute and deliver written req…

2B:24-11 Eligibility of defendant under 18 years of age 11. Whenever a person entitled to representation by a municipal public defender pursuant to this act, is under the age of 18 years, the eligibility for services shall be determined on the basis of the financial circumstances…

2B:24-12 Reimbursement to municipality 12. If the defendant has or reasonably expects to have means to meet some part, though not all, of the cost of the services rendered, the defendant shall be required to reimburse the municipality, either by a single payment or in installment…

2B:24-13 Lien on property of defendant 13. a. A municipality shall have a lien on any property to which the defendant shall have or acquire an interest for an amount equal to the reasonable value of the services rendered to a defendant pursuant to this act as calculated at the sa…

2B:24-14 Compromise, settlement of claims 14. The municipal attorney is authorized to compromise and settle any claim for services performed pursuant to this act whenever the financial circumstances of the person receiving the services are such that, in the judgment of the munici…

2B:24-15 Books for recording liens 15. The Clerk of the Superior Court shall provide separate books for the recording of liens established pursuant to section 13 of this act, which books shall be properly indexed in the name of the judgment debtor. The municipal attorney shall no…

2B:24-16 Collection of money due municipality 16. The municipal attorney in the name of the municipality may do all things necessary to collect any money due to the municipality by way of reimbursement for services rendered by a municipal public defender pursuant to this act. The…

2B:24-17 Application fee, waiver; deposit in dedicated fund 17. a. A municipality may require by ordinance a person applying for representation by a municipal public defender or court approved counsel to pay an application fee of not more than $200.00, but only in an amount neces…

2B:24-2 Definitions relative to municipal public defenders 2. As used in this act: "Indigent defendant" means a person who is entitled to be represented by a municipal public defender pursuant to this act, and does not have the present financial ability to secure competent legal …

2B:24-3 Appointment of municipal public defenders, chief municipal public defender 3. Each municipal court in this State shall have at least one municipal public defender appointed by the governing body of the municipality in accordance with applicable laws, ordinances and resolu…

2B:24-4 Requirements for municipal public defenders 4. a. A municipal public defender shall be an attorney-at-law of this State in good standing, and shall serve for a term of one year from the date of his appointment, and may continue to serve in office pending re-appointment or…

2B:24-5 Compensation of municipal public defender 5. A municipal public defender shall receive compensation, either on an hourly, per diem, annual or other basis as the municipality may provide. In the case of a joint municipal court, participating municipalities, by similar ordi…

2B:24-6 Duties of municipal public defender 6. a. It shall be the duty of the municipal public defender to represent, except in the case of temporary unavailability or conflict of interest, any defendant charged with an offense in municipal court who is an indigent municipal defe…

2B:24-7 Representation of indigent defendants 7. a. The municipal public defender shall represent an indigent defendant charged in municipal court with a crime as specified in N.J.S.2B:12-18 or, if in the opinion of the municipal court there is a likelihood that the defendant, if…

2B:24-8 Communications protected under attorney-client privilege 8. All communications between the indigent defendant and the municipal public defender or any other attorney appointed to act as a municipal public defender shall be fully protected by the attorney-client privilege …

2B:24-9 Eligibility for services of municipal public defender 9. Eligibility for services of the municipal public defender shall be determined by the municipal court on the basis of the need of the defendant, except as provided in section 11 of this act. Need shall be measured ac…

2B:25-1 Findings, declarations relative to municipal prosecutors. 1. The Legislature finds and declares that municipal prosecutors are a critical component of New Jersey's system for the administration of justice, that the role of municipal prosecutor is not statutorily defined, …

2B:25-10 Training programs, certification. 10. a. (1) The Attorney General, in consultation with the county and municipal prosecutors, shall develop curricula for training programs for all municipal prosecutors which shall include, but not be limited to, domestic violence trainin…

2B:25-11 Acceptance of plea to lesser offense. 2. a. In accordance with the Rules of Court adopted by the Supreme Court of New Jersey or procedures promulgated by the Administrative Office of the Courts, a municipal prosecutor may recommend to the court to accept a plea to a less…

2B:25-12 Motion to amend original charge. 3. In accordance with the Rules of Court adopted by the Supreme Court of New Jersey, a municipal prosecutor may move before the municipal court to amend the original charge. L.2000,c.75,s.3.

2B:25-2 Definitions relative to municipal prosecutors. 2. As used in this act: a. "Municipal prosecutor" means a person appointed to prosecute all offenses over which the municipal court has jurisdiction. b. "Governing body" of a county or municipality means the officer or body t…

2B:25-3 Exemptions for municipal prosecutor currently serving. 3. Any person serving as a municipal prosecutor on the effective date of this act shall be exempt from its requirements for a period of either one year or for the expiration of his or her current term of office, which…

2B:25-4 Appointment, qualifications for municipal prosecutor; compensation. 4. a. Each municipal court in this State shall have at least one municipal prosecutor appointed by the governing body of the municipality, municipalities or county in accordance with applicable laws, ordi…

2B:25-5 Duties of municipal prosecutor; use of special counsel, private attorneys. 5. a. A municipal prosecutor, except as provided by subsection b. of this section and sections 6 and 7 of this act, shall represent the State, the county or the municipality in the prosecution of a…

2B:25-5.1 Municipal prosecutors, review of motor vehicle abstracts of certain offenders for repeat offenses; transmission to judge. 1. Whenever a person is charged with a violation of R.S.39:3-40, R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or R.S.39:4-129, a municip…

2B:25-6 Vacancies, filling, alternative representation. 6. a. Appointments to fill vacancies in the position of municipal prosecutor shall be made in accordance with the provisions of section 4 of this act as soon as practicable. b. Unless the municipality has provided for altern…

2B:25-7 Supersedure by Attorney General, county prosecutor. 7. Whenever in the opinion of the Attorney General or a county prosecutor the public interest of the State will be promoted by so doing, the Attorney General or county prosecutor, with notice to the Attorney General, may…

2B:25-8 Reimbursement to Attorney General, county prosecutor. 8. Whenever the Attorney General or county prosecutor shall prosecute in a municipal court of this State pursuant to section 6 of this act, the Attorney General or county prosecutor shall, upon demand, be promptly reim…

2B:25-9 Removal from office, procedure. 9. In addition to any of the other means provided by law for the removal from office of a public official, a municipal prosecutor may be removed by the governing body of a county or municipality, or as provided by the agreement entered into…

2B:50-1. Action for replevin 2B:50-1. Action for Replevin. A person seeking recovery of goods wrongly held by another may bring an action for replevin in the Superior Court. If the person establishes the cause of action, the court shall enter an order granting possession.Source: …