Sunday, May 18, 2014

Court rule 7:8-2. Place of Trial; Disqualification

7:8-2. Place of Trial; Disqualification

  • (a) Generally. Except as otherwise provided by law, the prosecution for an offense shall take place in the jurisdiction in which the offense was committed.
  • (b) Disqualification of Judge. In the event of the judge's disqualification or inability for any reason to hear a pending matter, the judge, in addition to the provisions of R. 1:12-3(a), may either refer the matter to the Assignment Judge for designation of an acting judge pursuant to N.J.S.A. 2B:12-6 or transfer the matter to a judge sitting in another municipality within the vicinage. The transferee judge may, however, accept the transfer only if:
    • (1) the transferee judge has been designated as an acting judge of the court of origin by the Assignment Judge of the vicinage, pursuant to N.J.S.A. 2B:12-6 and R. 1:12-3(a); and
    • (2) the transferring judge has found that transfer of the matter will not substantially inconvenience any party.
Upon completion of the trial, the transferee court shall immediately advise the court of origin of the disposition made and shall remit to it the complaint, judgment, all records, and any fines and costs collected. The court of origin shall retain jurisdiction and shall maintain all necessary records as though the matter had been tried in the court of origin, which shall be responsible for effecting final disposition of the matter. The municipality of the court of origin shall bear the costs of prosecution of the matter.

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