Part 5 · Complaint; Process

Rule 5:20-2. Summons

Amended July 13, 1994 (current)

(a) Issuance If it appears from the complaint that there is probable cause to believe that a juvenile is delinquent and after review of the complaint by the court intake service it recommends court action, a summons shall issue to the juvenile and the juvenile's parents, guardians or custodian.

(b) Form The summons shall be signed by the judge, or by the clerk of the court if authorized by the judge and shall have affixed thereto a copy of the complaint. It shall set forth the name of the juvenile and the names of the parents, guardian, or custodian of the juvenile; shall command the juvenile and the juvenile's parents, guardian, or custodian to appear before the court at a stated time and place; shall advise that the juvenile and the juvenile's parents, guardian, or custodian have the right to be represented by counsel at every stage of the proceeding and that if unable to afford counsel, upon application to the court counsel will be assigned if in the opinion of the court the proceedings may result in the institutional commitment of the juvenile or other consequences of magnitude; and shall advise the juvenile and the juvenile's parents that all witnesses reasonably necessary for the defense of the juvenile will be subpoenaed by the court on request. In lieu of summons the judge may issue a warrant if the nature of the case requires the immediate custody of the juvenile. The warrant shall be substantially in the same form as the summons except that it shall command that the person or persons named therein be taken into custody and placed in detention or shelter care, or brought before the court.

(c) Service The summons shall be served in the manner provided by R. 4:4-4 upon the juvenile and the juvenile's parents or either of them, or the juvenile's guardian or custodian, or by mailing it to their last known address.