Rule 5:20-2.Summons

Last amended April 27, 2026 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:20-2 lets a law enforcement officer issue a complaint-summons on their own probable cause finding, requires personal service within five days, and prescribes what the summons must tell the family.

Full Text of Rule 5:20-2

Text sizeJump to: (a) (b)

(a) Issuance and Service. A summons may be issued on a complaint if the law enforcement officer who made the complaint issues the complaint-summons upon the law enforcement officer’s finding of probable cause. This shall be done without the necessity of a judicial officer making the probable cause finding to issue the complaint. Once the complaint-summons is filed with the court, a law enforcement officer shall within five days of filing of the complaint-summons personally serve the complaint-summons on the juvenile and the parent, guardian, or custodian without taking the juvenile into custody. After expeditious review of the complaint-summons by the court intake service, a notice of proceeding date and time shall issue to the juvenile and the juvenile's parent, guardian 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.

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--R. (1969) 5:8-4(a)(b)(c); 5:8-5(a)(b). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b) amended November 7, 1988 to be effective January 2, 1989; paragraphs (a), (b) and (c) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 30, 2021 to be effective September 1, 2021; paragraph (a) caption amended and paragraph (c) deleted April 27, 2026 to be effective immediately.

Plain-English Summary

A summons does not need a judge. Where the law enforcement officer who made the complaint finds probable cause, they may issue the complaint-summons themselves — expressly without a judicial officer making that finding. Once filed, an officer must personally serve it on the juvenile and the parent, guardian or custodian within five days, without taking the juvenile into custody. Court intake reviews it expeditiously and a notice of the proceeding date and time issues.

The summons itself carries the warnings that matter to a family who may never have been in court. It names the juvenile and the parents, guardian or custodian, and commands them to appear at a stated time and place. It must advise that they have the right to be represented by counsel at every stage — and that if they cannot afford counsel, one will be assigned on application if the court believes the proceedings may result in institutional commitment or other consequences of magnitude. It must also advise that all witnesses reasonably necessary for the juvenile's defense will be subpoenaed by the court on request.

A warrant is the alternative where the nature of the case requires immediate custody. It takes substantially the same form as the summons, except that it commands the person named be taken into custody and placed in detention or shelter care, or brought before the court.

Frequently Asked Questions

How quickly must a juvenile complaint-summons be served?

Within five days of the filing of the complaint-summons, personally, on the juvenile and the parent, guardian or custodian — without taking the juvenile into custody.

Does a judge have to approve a summons?

No. The law enforcement officer who made the complaint may issue the complaint-summons on their own finding of probable cause, without a judicial officer making that finding.

What does the summons tell us about a lawyer?

That the juvenile and the parents, guardian or custodian have the right to be represented by counsel at every stage, and that if unable to afford counsel one will be assigned on application if the court believes the proceedings may result in institutional commitment or other consequences of magnitude.

Will the court subpoena defense witnesses?

The summons must advise that all witnesses reasonably necessary for the defense of the juvenile will be subpoenaed by the court on request.

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. 5:20-2). 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: complaint-summonsjuvenile summonsservice on juvenileright to counsel juvenilewarrant in lieu of summons