Criminal - Pretrial Memorandum and Written Acknowledgment (Notice of Trial) August 21, 2017 Directive #23-17

Criminal - Pretrial Memorandum and

Written Acknowledgment (Notice of Trial)

August 21, 2017

Directive #23-17

[Supersedes Directive# 5-02]

This Directive promulgates a revised Criminal Pretrial Memorandum form and

reissues the Written Acknowledgment (Notice of Trial) form. Both forms were originally

promulgated in 2002 by Directive #5-02 ("Pretrial Memorandum (R. 3:9-1); Written

Acknowledgment (R. 3: 16)"). The attached forms supersede these earlier versions, and

should be used effective immediately.

The forms were initially promulgated in 2002 following the Supreme Court's

adoption of amendments to R. 3:9-1 and R. 3:16. The 2002 amendment to R. 3:9-1

required use of a standard pretrial memorandum form during the pretrial conference to

ensure the defendant's knowledge of the trial date and the consequences of a nonappearance.

The 2002 amendment to R. 3: 16 required the defendant's signed

acknowledgment of the trial date.

The revisions to the Pretrial Memorandum promulgated here, as recommended by

the Conference of Criminal Presiding Judges, are as follows: (1) The acronym for the No

Early Release Act (NERA) was added in question 4 on the mandatory period of parole

ineligibility; and (2) The defendant's acknowledgment of the consequences for a nonappearance

was revised to include the loss of any posted "monetary" bail and a review

of "any conditions of pretrial release." (# 2 on page 3).

No changes are being made to the Written Acknowledgment (Notice of Trial) form,

which requires the defendant to acknowledge that he or she has been advised of the trial

date and that the trial will proceed in the event of his or her absence. This form thus

simply is being reissued with a new promulgation date and reference.

Both English and Spanish versions of the revised Pretrial Memorandum form

(Attachment A) and the Written Acknowledgment (Notice of Trial) form (Attachment B)

are appended to this Directive. Any questions or comments regarding these forms may

Richard J. Hughes Justice Complex O PO Box 037 • Trenton, New Jersey 08625-0037

Directive# 23-17

Criminal - Pretrial Memorandum and

Written Acknowledgment (Notice of Trial)

Page 2

be directed to Sue Callaghan, Assistant Director for Criminal Practice at 609-815-2900

extension 55300 or sue.callaghan@njcourts.gov.

Attachments

cc: Chief Justice Stuart Rabner

Steven D. Bonville, Chief of Staff

AOC Directors and Assistant Directors

Melaney S. Payne, Special Assistant

Ann Marie Fleury, Special Assistant

G.AG.

Trial Court Administrators

Criminal Division Managers and Assistants

Vance D. Hagins, Chief

Maria Pogue, Assistant Chief

Richard J. Hughes Justice Complex 0 PO Box 037 "Trenton, New Jersey 08625-0037

ATTACHMENT A

PRETRIAL  Source https://www.judiciary.state.nj.us/notices/2017/n170823b.pdf