Rule 5:20-1. Complaint

Made, How>The complaint in juvenile delinquency actions shall be captioned "The State of New Jersey in the Interest of _______", shall be made on oath and in the form prescribed by the Administrative Director of Court and shall include:

(1) The name, address and date of birth of the juvenile;

(2) The names and addresses of the juvenile's parents or guardian or custodian;

(3) The date, time, place and nature of the conduct alleged as the basis of the complaint; a citation of the law or ordinance allegedly violated by the juvenile, but error in citation shall not be grounds for dismissal if the juvenile has not been misled thereby to the juvenile's prejudice;

(4) The signature of the complainant, who may be any person having knowledge of the facts alleged to constitute delinquency or who is informed of such facts and has reason to believe they are true; and

(5) Where practicable, a statement of the names and addresses of all other persons having knowledge of relevant facts concerning the acts alleged in the complaint, but failure to include this statement shall not be grounds for dismissal of the complaint.

(b) Filing and Service The complaint shall be filed with the clerk of the court who shall promptly refer it to court intake services and the county prosecutor. A copy of the complaint shall be served with the summons or, whenever practicable, at the time of the execution of the warrant.

(c) Court Intake Services Referral Every complaint alleging juvenile delinquency shall be reviewed by court intake services in the manner provided by law for recommendation as to whether the complaint should be dismissed, diverted or referred for further court action. Where the complaint alleges conduct which, if committed by an adult, would constitute a crime as defined by N.J.S. 2C:1-4a or a repetitive disorderly persons offense as defined by N.J.S. 2A:4A-22(h), the matter shall not be diverted by the court unless the prosecutor consents thereto.

(d) Amendment The court may amend the complaint to correct an error in form or the description of the offense intended to be charged or to charge a lesser included offense provided that the amendment does not charge another or different offense from that alleged and the defendant will not be prejudiced thereby in the defense on the merits.

(e) Consolidation If two or more complaints are filed alleging separate acts constituting delinquency, hearing of the several complaints may be consolidated and a single disposition made of the combined causes.