Rule 5:17-1.Appearances

Last amended September 1, 1994 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:17-1 requires the juvenile, the parents or guardian and any family member named as contributing to the crisis to appear, and allows a narrowly limited warrant to compel someone who does not.

Full Text of Rule 5:17-1

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The juvenile, the juvenile's parents or guardian, and each family member alleged in the petition as contributing to the family crisis, shall appear at the initial hearing. A warrant may issue to compel the appearance of any such person who fails to appear. However, no warrant shall be issued for failure to appear pursuant to telephonic notification. Any warrant issued pursuant to this rule shall be limited to arrest during hours that the court is in session and shall state that the non-appearing party be brought directly to court and not incarcerated prior to court appearance. Each of said persons may present evidence regarding the existence of a juvenile-family crisis.

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; caption amended and former rule redesignated paragraph (a) and paragraph (b) adopted November 5, 1986 to be effective January 1, 1987; paragraph (a) amended and paragraph (b) deleted July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

Everyone named appears: the juvenile, the juvenile's parents or guardian, and each family member the petition alleges is contributing to the crisis. Each of them may present evidence about whether a juvenile-family crisis exists — this is not a hearing where only the State is heard.

A warrant may issue to compel the appearance of anyone who fails to appear, and the limits on it are the point of the rule. No warrant may issue for a failure to appear after telephonic notification, which is why Rule 5:15-3 requires formal service as well as a phone call.

Two further restrictions keep the warrant proportionate to a civil family proceeding. Any warrant is limited to arrest during hours when the court is in session, and it must state that the non-appearing party is to be brought directly to court and not incarcerated before their court appearance.

Frequently Asked Questions

Who has to attend the crisis hearing?

The juvenile, the juvenile's parents or guardian, and each family member alleged in the petition to be contributing to the family crisis.

Can a warrant issue if someone does not appear?

Yes, but not for a failure to appear pursuant to telephonic notification. Any warrant is limited to arrest during hours the court is in session and must state that the person be brought directly to court and not incarcerated beforehand.

Can family members present their own evidence?

Yes. Each of those required to appear may present evidence regarding the existence of a juvenile-family crisis.

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. 5:17-1). 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: crisis hearing appearancewarrant to compel appearancefailure to appear