Rule 5:20-3.Warrant

Last amended September 1, 2023 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:20-3 separates the complaint-warrant, which may issue only under the custody rule, from the bench warrant a judge may issue where the case requires immediate custody or someone fails to appear.

Full Text of Rule 5:20-3

Text sizeJump to: (a) (b)

(a) When Issued.

(1) Complaint-Warrant. A complaint-warrant may only be issued pursuant to R. 5:21-1.

(2) Bench Warrant. The judge may issue a warrant if the nature of the case requires the immediate custody of the juvenile. A warrant may also issue if any person or persons fail to appear as required by summons.

(b) Execution. The warrant shall be executed in accordance with R. 3:3-3(c), and upon execution the procedures of R. 5:21, to the extent applicable, shall govern.

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) 5:8-5(a) and (c). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (a) amended and renumbered as subparagraph (a)(2) with caption added, and new subparagraph (a)(1) caption and text adopted August 4, 2023 to be effective September 1, 2023.

Plain-English Summary

Two warrants do different work and the rule keeps them apart.

A complaint-warrant — the instrument that starts a case with the juvenile in custody — may only be issued pursuant to the custody rule, which requires prosecutor review and a judicial finding of probable cause before a juvenile is taken in.

A bench warrant is different. The judge may issue one where the nature of the case requires the immediate custody of the juvenile, and may also issue one if any person fails to appear as required by a summons — which reaches parents and guardians as well, since they are necessary parties.

Execution follows the criminal rules, and once executed the custody and detention procedures of Rule 5:21 govern so far as applicable.

Frequently Asked Questions

When can a complaint-warrant issue against a juvenile?

Only pursuant to Rule 5:21-1, which requires prosecutor review and a judicial determination of probable cause before a juvenile is taken into custody.

Can a warrant issue if we do not show up?

Yes. A bench warrant may issue if any person fails to appear as required by summons, and parents or guardians are necessary parties to the proceeding.

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. 5:20-3). 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: complaint-warrantbench warrantjuvenile warrantfailure to appear juvenile