NOTICE TO THE BAR

2010-2012 SUPREME COURT RULES COMMITTEE REPORTS -
PUBLICATION FOR COMMENT

The Supreme Court invites written comments on the 2010-2012 reports of the Supreme Court rules committees published with this notice. In those reports, the committees (as listed below) make numerous recommendations to the Supreme Court for rule amendments and other non-rule administrative actions. As noted previously, the Court has staggered the reporting cycles of its rules committees, such that approximately half submit their respective reports each year.

The committees whose 2010-2012 reports are here published for comment are as follows: (1) Civil Practice Committee, (2) Professional Responsibility Rules Committee, (3) Special Civil Part Practice Committee, and (4) Committee on the Tax Court. Any supplemental reports submitted by these committees will be separately published at a later date.

Some of the appendices referenced in the reports may not be included in this publication; copies of any omitted appendices are available on request.

Please send any comments on the Committees' proposed rule amendments or other recommendations in writing by Monday, April 2, 2012 to:

Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Rules Comments
Hughes Justice Complex; P.O. Box 037
Trenton, New Jersey 08625-0037

Comments may also be submitted via Internet e-mail to the following address: Comments.Mailbox@judiciary.state.nj.us.

The Supreme Court will not consider comments submitted anonymously. Thus, those submitting comments by mail should include their name and address (and those submitting comments by e-mail should include their name and e-mail address). However, comments submitted in response to this notice will be maintained in confidence if the author specifically requests confidentiality. In the absence of such a request, the author's identity and his or her comments may be subject to public disclosure after the Court has acted on the Committee reports and supplemental reports.

The Supreme Court will be acting on these reports and recommendations in June-July 2012, with any rule amendments likely to become effective September 1, 2012.

Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts

Dated: February 1, 2012


Supreme Court Special Committee on Discovery in Criminal and Quasi-Criminal Matters
Publication for Comment

This notice publishes for written comment the Report of the Supreme Court Special Committee on Discovery in Criminal and Quasi-Criminal Matters

The Special Committee, chaired by Associate Justice Virginia A. Long, was appointed by the Court to examine the policy and financial implications of more uniform and compatible means of providing discovery, including whether the types of software used to record and distribute electronic discovery should be limited in some fashion, and whether the amount charged to transmit that discovery also should be limited.  The Special Committee also was asked to explore whether its recommendations would require amendments to the Rules of Court or whether they could instead be accomplished through other formal or informal means.  In addition to addressing those issues, the Special Committee’s report also contains a series of recommendations intended to facilitate the transmission of all discovery in criminal and quasi-criminal cases.

Included with the report are two minority reports dissenting from specific provisions in the report: (1) from the representative of the Association of Criminal Defense Lawyers of New Jersey (which minority report was joined by the Office of the Public Defender), and (2) from the representative of the Municipal Court Practice Section of the New Jersey State Bar Association.

This Report also will be available for downloading on the Judiciary’s Internet web site at http://www.judiciary.state.nj.us/reports2012/index.htm.

Please send any comments on the Report on the Special Committee on Discovery in Criminal and Quasi-Criminal Matters in writing by Monday, June 4, 2012 to:

Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Rules Comments
Hughes Justice Complex; P.O. Box 037
Trenton, New Jersey 08625-0037

Comments may also be submitted via Internet e-mail to the following address:  Comments.Mailbox@judiciary.state.nj.us.

The Supreme Court will not consider comments submitted anonymously.  Thus, those submitting comments by mail should include their name and address (and those submitting comments by e-mail should include their name and e-mail address).  Comments submitted are subject to public disclosure.

The Special Committee’s report will not be considered by the Court as part of the current rule amendment cycle but rather will be on a separate review and consideration track.

Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts

Dated: April 4, 2012


Criminal Practice Committee - Report on Distribution of Written Instructions to the Jury
Publication for Comment

This notice publishes for written comment the March 28, 2012 off-cycle report from the Supreme Court Criminal Practice Committee regarding the distribution of written instructions to the jury.  The Criminal Practice Committee reviewed this subject as requested by the Court in State v. O’Brien, 200 N.J. 520, 541 (2009).  The Committee in this report recommends amendments to Rules 1:8-7 and 1:8-8.

The Court in O’Brien asked both the Civil Practice Committee and the Criminal Practice Committee to examine this subject.   The Civil Practice Committee’s recommendations are set forth in its 2010-2012 Report, which is currently pending comment as published by Notice to the Bar dated February 1, 2012, with the comment period having been extended by Notice to the Bar dated March 29, 2012.

This Report also will be available for downloading on the Judiciary’s Internet web site at http://www.judiciary.state.nj.us/reports2012/index.htm.

Please send any comments on the Criminal Practice Committee’s Report on Distribution of Written Instructions to the Jury in writing by Wednesday, April 25, 2012 to:

Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Rules Comments
Hughes Justice Complex; P.O. Box 037
Trenton, New Jersey 08625-0037

Comments may also be submitted via Internet e-mail to the following address:  Comments.Mailbox@judiciary.state.nj.us.

The Supreme Court will not consider comments submitted anonymously.  Thus, those submitting comments by mail should include their name and address (and those submitting comments by e-mail should include their name and e-mail address).  Comments submitted are subject to public disclosure.

As indicated in the other Notices issued in the current rules cycle, the Supreme Court will be acting on the reports and recommendations in June/July 2012, with any rule amendments likely to become effective in September 2012.

Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts

Dated: April 2, 2012


Special Civil Part Practice Committee Supplemental Report
Publication for Comment

This notice publishes for written comment the March 2012 Supplemental Report of the Supreme Court Special Civil Part Practice Committee. This report supplements the Practice Committee's 2010-2012 Report, which was published for comment – along with three other committee reports – by notice dated February 1, 2012. This Supplemental Report also will be available for downloading on the Judiciary's Internet web site at http://www.judiciary.state.nj.us/reports2012/index.htm.

Please send any comments on the Special Civil Part Practice Committee's Supplemental Report and recommendations in writing by Friday, April 20, 2012 to:

Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Rules Comments
Hughes Justice Complex; P.O. Box 037
Trenton, New Jersey 08625-0037

Comments may also be submitted via Internet e-mail to the following address: Comments.Mailbox@judiciary.state.nj.us.

The Supreme Court will not consider comments submitted anonymously.  Thus, those submitting comments by mail should include their name and address (and those submitting comments by e-mail should include their name and e-mail address).  Comments submitted are subject to public disclosure.

The Supreme Court will be acting on these reports and recommendations in June/July 2012, with any rule amendments likely to become effective in September 2012.

Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts

Dated: March 19, 2012


Reports of the Criminal Practice Committee and
The Committee on Model Criminal Jury Charges On Eyewitness Identification
Publication for Comment

The Supreme Court invites written comments on the reports of its Criminal Practice Committee and Committee on Model Criminal Jury Charges on eyewitness identification. The two Supreme Court committees prepared and submitted these reports as directed by the Court in State v. Henderson, 208 N.J. 208, 298-299 (2011).

The two reports – (1) the "Report of the Supreme Court Criminal Practice Committee on Revisions to the Court Rules Addressing Recording Requirements for Out-of-Court Identification Procedures and Addressing the Identification Model Charges," and (2) the "Report of the Supreme Court Committee on Model Criminal Jury Charges on the Revisions to the Identification Model Charges" – are posted on the Judiciary's internet web site at http://www.judiciary.state.nj.us/criminal/.

Please send any comments on the reports in writing by Thursday, April 5, 2012 to:

Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Comments re Eyewitness Identification Reports
Hughes Justice Complex
P.O. Box 037
Trenton, New Jersey 08625-0037

Comments on the Committee reports may also be submitted via Internet e-mail to the following address: Comments.Mailbox@judiciary.state.nj.us.

The Supreme Court will not consider comments submitted anonymously. Thus, those submitting comments by mail should include their name and address (and those submitting comments by e-mail should include their name and e-mail address). However, comments submitted in response to this notice will be maintained in confidence if the author specifically requests confidentiality. In the absence of such a request, the author's identity and his or her comments may be subject to public disclosure.

/s/ Glenn A. Grant
__________________________________
Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts

Dated: March 9, 2012

 

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