Rule 5:1-3.Transfer of Actions to and From the Family Part

Last amended January 2, 1986 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:1-3 routes transfers into and out of the Family Part, pointing civil transfers to the civil rules, criminal transfers to the criminal rules, and juvenile transfers to Part V's own Chapter IV.

Full Text of Rule 5:1-3

Text sizeJump to: (a) (b) (c)

(a) Civil Actions. The transfer of civil family actions to or from the Family Part to or from any other trial division or part of a trial division of the Superior Court shall be governed by R. 4:3-1(b).

(b) Criminal and Quasi-Criminal Actions.

(1) The transfer of criminal actions between the Law Division and the Family Part shall be governed by R. 3:1-5.

(2) The transfer of proceedings pending in a municipal court shall be on motion made by the defendant, the complaining witness or the municipal prosecutor. If there is a pending Family Part matter the motion shall be made to the judge assigned to that case and if no judge has been assigned, then to the presiding judge of that vicinage. If there is no pending Family Part matter, then the motion should be made to the presiding judge of the Family Part where the municipal court is located.

(c) Juvenile Delinquency Actions. The transfer of juvenile delinquency actions between the Family Part and other courts shall be governed by R. 5:23. The referral of a juvenile delinquency action to the Law Division for prosecution as in the case of an adult shall be governed by R. 5:22.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Source--new. Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b)(2) amended November 1, 1985 to be effective January 2, 1986.

Plain-English Summary

This rule is mostly a set of signposts. Civil family actions move to or from the Family Part under the civil rules. Criminal actions move between the Law Division and the Family Part under the criminal rules.

Paragraph (b)(2) is the part that adds something of its own: transferring a municipal court proceeding requires a motion, and the rule says who may bring it — the defendant, the complaining witness, or the municipal prosecutor — and where it goes. If a Family Part matter is already pending, the motion goes to the judge assigned to it, or to the vicinage presiding judge if none is assigned. If nothing is pending, it goes to the presiding judge of the Family Part where the municipal court sits.

Juvenile delinquency transfers are handled elsewhere: Rule 5:23 for transfers between courts, and Rule 5:22 for referral to the Law Division for prosecution as an adult.

Frequently Asked Questions

Who can move to transfer a municipal court case to the Family Part?

The defendant, the complaining witness, or the municipal prosecutor. Rule 5:1-3(b)(2) names all three.

Which judge decides that motion?

If a Family Part matter is already pending, the judge assigned to it — or, if no judge has been assigned, the presiding judge of that vicinage. If there is no pending Family Part matter, the presiding judge of the Family Part where the municipal court is located.

Where are juvenile transfers covered?

Not here. Rule 5:1-3(c) sends transfers between the Family Part and other courts to Rule 5:23, and referral for prosecution as an adult to Rule 5:22.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:1-3). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: transfer to family parttransfer out of family partmunicipal court transferremoval between divisions