Part 7 · Trial

Rule 7:8-2. Place of Trial; Disqualification

Amended October 6, 1997 (current)

(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.