Rule 5:20-1.Complaint
Last amended September 1, 2019 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:20-1
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--R. (1969) 5:8-1(a), (b), (c), and (d); R. (1969) 5:9-3(a) and (b). Adopted December 20, 1983, to be effective December 31, 1983; paragraphs (a)(3) and (d) amended July 13, 1994 to be effective September 1, 1994; paragraph (c) amended July 29, 2019 to be effective September 1, 2019.
Plain-English Summary
The complaint is captioned “The State of New Jersey in the Interest of ___”, made on oath in the prescribed form, and must include five things: the juvenile's name, address and date of birth; the parents' or guardian's names and addresses; the date, time, place and nature of the conduct alleged with a citation of the law or ordinance violated; the signature of a complainant who has knowledge of the facts or is informed of them and has reason to believe them true; and, where practicable, the names and addresses of others with knowledge of relevant facts.
Two of those come with express forgiveness for error. A mistaken citation is not grounds for dismissal unless the juvenile has been misled to their prejudice, and failure to include the list of other witnesses is not grounds for dismissal at all.
Every complaint is reviewed by court intake services for a recommendation on whether it should be dismissed, diverted, or referred for further court action — the diversion decision comes before any adjudication. But for the more serious charges the prosecutor holds a veto: where the conduct would be a crime if committed by an adult, or a repetitive disorderly persons offense, or a drug offense under the designated chapters, the matter may not be diverted unless the prosecutor consents. Nothing stops the court from diverting under the statute after a hearing at which all parties are heard.
The court may amend a complaint to correct a form error or the description of the offense, or to charge a lesser included offense, provided it does not charge a different offense and the defense is not prejudiced. And where two or more complaints allege separate delinquent acts, they may be heard together and disposed of in a single disposition.
Frequently Asked Questions
What must a juvenile delinquency complaint contain?
Five things: the juvenile's name, address and date of birth; the parents' or guardian's names and addresses; the date, time, place and nature of the conduct alleged with a citation of the law violated; the complainant's signature; and where practicable the names and addresses of others with knowledge of relevant facts.
Can a case be diverted away from court?
Court intake services reviews every complaint and recommends dismissal, diversion, or referral for further court action. Where the conduct would be a crime if committed by an adult, or is a repetitive disorderly persons offense or a drug offense under the designated chapters, the matter may not be diverted unless the prosecutor consents.
Does a wrong statute citation kill the complaint?
No. Error in citation is not grounds for dismissal if the juvenile has not been misled by it to their prejudice.
Can complaints be heard together?
Yes. If two or more complaints allege separate acts constituting delinquency, the hearings may be consolidated and a single disposition made of the combined causes.