Rule 5:20-5.Juvenile Delinquency Matters; Discovery and Inspection

Last amended September 1, 2019 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:20-5 governs discovery in delinquency matters — three business days if the juvenile is detained, thirty otherwise — and lists what each side must hand over, including exculpatory material.

Full Text of Rule 5:20-5

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(a) Timing of Discovery. All discovery that is available and within the possession, custody and control of the prosecutor shall be provided to the defense, which may include the juvenile, the juvenile's attorney, and the juvenile's parent or guardian:

(1) If the juvenile is detained, the prosecutor or law enforcement agency shall provide discovery no later than three business days after the filing of the complaint.

(2) If the juvenile is not detained and is not diverted or sent to a referee, the prosecutor or law enforcement agency shall provide discovery within 30 days after the filing of the complaint, or upon written request of the defense, but no later than five business days before the initial court appearance.

(3) If the juvenile is diverted to a juvenile conference committee or intake service conference or referred to a juvenile referee, the prosecutor or law enforcement agency shall provide discovery upon written request by the defense. The prosecutor shall provide defense counsel with all available relevant material that would be discoverable pursuant to paragraph (b)(1) of this rule.

(b) Discovery to be Provided.

(1) Discovery by the Juvenile. Except for good cause shown, the prosecutor's discovery for each juvenile named in the complaint shall be provided to the attorney of record for the juvenile, or shall be available through the prosecutor's office, pursuant to paragraph (a) of this rule. Good cause shall include, but is not limited to, circumstances in which the nature, format, manner of collation or volume of discoverable materials would involve an extraordinary expenditure of time and effort to copy. In such circumstances, the prosecutor may make discovery available by permitting defense counsel to inspect and copy or photograph discoverable materials at the prosecutor's office, rather than by copying and delivering such materials. The prosecutor shall also provide defense counsel with a listing of the materials that have been supplied in discovery. If any discoverable materials known to the prosecutor have not been supplied, the prosecutor shall also provide defense counsel with a listing of the materials that are missing and explain why they have not been supplied. Discovery shall include exculpatory information or material. It shall also include, but is not limited to, the following relevant material:

(A) books, tangible objects, papers or documents obtained from or belonging to the juvenile, including, but not limited to, writings, drawings, graphs, charts, photographs, video and sound recordings, images, electronically stored information, and any other data or data compilations stored in any medium from which information can be obtained and translated, if necessary, into reasonably usable form;

(B) records of statements or confessions, signed or unsigned, by the juvenile or copies thereof, and a summary of any admissions or declarations against penal interest made by the juvenile that are known to the prosecution but not recorded. The prosecutor also shall provide the juvenile with transcripts of all electronically recorded statements or confessions by a date to be determined by the trial judge, except in no event later than 14 days before the trial date or waiver hearing.

(C) results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the matter or copies thereof, which are within the possession, custody or control of the prosecutor;

(D) reports or records of prior adjudications of the juvenile;

(E) books, papers, documents, or copies thereof, or tangible objects, buildings or places which are within the possession, custody or control of the prosecutor, including, but not limited to, writings, drawings, graphs, charts, photographs, video and sound recordings, images, electronically stored information, and any other data or data compilations stored in any medium from which information can be obtained and translated, if necessary, into reasonably usable form;

(F) names, addresses, and birthdates of any persons whom the prosecutor knows to have relevant evidence or information, including a designation by the prosecutor as to which of those persons may be called as witnesses;

(G) record of statements, signed or unsigned, by such persons or by co-defendants which are within the possession, custody or control of the prosecutor and any relevant record of prior adjudication of such persons. The prosecutor also shall provide the juvenile with transcripts of all electronically recorded co-defendant and witness statements by a date to be determined by the trial judge, except in no event later than 14 days before the trial date or waiver hearing, but only if the prosecutor intends to call that co-defendant or witness as a witness at trial.

(H) police reports that are within the possession, custody, or control of the prosecutor;

(I) names and addresses of each person whom the prosecutor expects to call at trial as an expert witness, the expert's qualifications, the subject matter on which the expert is expected to testify, a copy of the report, if any, of such expert witness, or if no report is prepared, a statement of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

(J) all records, including notes, reports and electronic recordings relating to an identification procedure, as well as identifications made or attempted to be made.

(2) Discovery by the State. Defense counsel shall provide a copy of the discovery materials to the prosecuting attorney by a date to be determined by the trial judge, except in no event later than 20 days before the trial or waiver hearing. Defense counsel shall also provide the prosecuting attorney with a listing of the materials that have been supplied in discovery. If any discoverable materials known to defense counsel have not been supplied, defense counsel also shall provide the prosecuting attorney with a listing of the materials that are missing and explain why they have not been supplied. A juvenile shall provide the State with all relevant material, including, but not limited to, the following:

(A) results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the matter or copies thereof, which are within the possession, custody or control of defense counsel;

(B) any relevant books, papers, documents or tangible objects, buildings or places or copies thereof, which are within the possession, custody or control of defense counsel, including, but not limited to, writings, drawings, graphs, charts, photographs, video and sound recordings, images, electronically stored information, and any other data or data compilations stored in any medium from which information can be obtained and translated, if necessary, into reasonably usable form;

(C) the names, addresses, and birthdates of those persons known to the juvenile who may be called as witnesses at trial and their written statements, if any, including memoranda reporting or summarizing their oral statements;

(D) written statements, if any, including any memoranda reporting or summarizing the oral statements, made by any witnesses whom the State may call as a witness at trial. The juvenile also shall provide the State with transcripts of all electronically recorded witness statements by a date to be determined by the trial judge, except in no event later than 14 days before the trial date or waiver hearing.

(E) names and address of each person whom the defense expects to call at trial as an expert witness, the expert's qualifications, the subject matter on which the expert is expected to testify, and a copy of the report, if any, of such expert witness, or if no report is prepared, a statement of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

(3) Discovery Provided Through Electronic Means. Unless otherwise ordered by the court, the parties may provide discovery pursuant to paragraphs (a) and (b) of this rule through the use of CD, DVD, e-mail, internet or other electronic means. Documents provided through electronic means shall be in PDF format. All other discovery shall be provided in an open, publicly available (non-proprietary) format that is compatible with any standard operating computer. If discovery is not provided in a PDF or open, publicly available format, the transmitting party shall include a self-extracting computer program that will enable the recipient to access and view the files that have been provided. Upon motion by the recipient, and for good cause shown, the court shall order that discovery be provided in the format in which the transmitting party originally received it. In all cases in which an Alcotest device is used, any Alcotest data shall, upon request, be provided for any Alcotest 7110 relevant to a particular juvenile's case in a readable digital database format generally available to consumers in the open market. In all cases in which discovery is provided through electronic means, the transmitting party shall also include a list of the materials that were provided and, in the case of multiple disks, the specific disk on which they can be located.

(c) Motions for Discovery. No motion for discovery shall be filed unless the moving party certifies that the prosecutor and defense counsel have conferred and been unable to resolve the issue(s).

(d) Documents Not Subject to Discovery. This rule does not require discovery of a party's work product consisting of internal reports, memoranda or documents made by that party or the party's attorney or agents, in connection with the investigation, prosecution or defense of the matter, nor does it require discovery by the State of records or statements, signed or unsigned, of the juvenile made to the juvenile's attorney or agents.

(e) Protective Orders.

(1) Grounds. On motion and for good cause shown, the court may at any time order that the discovery sought pursuant to this rule be denied, restricted, or deferred or may make such other order as is appropriate. In determining the motion, the court may consider the following: protection of witnesses and others from physical harm, threats of harm, bribes, economic reprisals and other intimidation; maintenance of such secrecy regarding informants as is required for effective investigation of criminal activity; confidential information recognized by law, including protection of confidential relationships and privileges; or any other relevant considerations.

(2) Procedure. The court may permit the showing of good cause to be made, in whole or in part, in the form of a written statement to be inspected by the court alone, and if the court thereafter enters a protective order, the entire text of the statement shall be sealed and preserved in the records of the court, to be made available only to the appellate court in the event of an appeal.

(f) Continuing Duty to Disclose; Failure to Comply. There shall be a continuing duty to provide discovery pursuant to this rule. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule or with an order issued pursuant to this rule, the court may order such party to permit the discovery of materials not previously disclosed, grant a continuance or delay during trial, or prohibit the party from introducing in evidence the material not disclosed, or the court may enter such other order as it deems appropriate.

(g) Privacy and Non-Disclosure. The privacy and non-disclosure provisions of Part V of the Rules of Court continue to apply in all circumstances.

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: Adopted July 29, 2019 to be effective September 1, 2019.

Plain-English Summary

The timetable turns on liberty. If the juvenile is detained, the prosecutor or law enforcement agency provides discovery no later than three business days after the complaint is filed. If the juvenile is not detained and the case is neither diverted nor sent to a referee, discovery comes within 30 days of filing, or on the defense's written request — but no later than five business days before the initial court appearance. Where the case is diverted to a conference committee or intake conference, or referred to a referee, discovery follows a written request.

What the prosecutor owes is extensive and expressly includes exculpatory information. It runs to material obtained from or belonging to the juvenile; records of statements or confessions and summaries of unrecorded admissions; results of physical, mental and scientific examinations; records of prior adjudications of the juvenile; documents, objects, buildings and places in the prosecutor's control; the names, addresses and birthdates of anyone known to have relevant evidence with a designation of likely witnesses; statements by those people and by co-defendants; police reports; expert witness details and reports; and all records relating to an identification procedure. Transcripts of electronically recorded statements are due on a date the trial judge sets, and in no event later than 14 days before the trial date or waiver hearing.

Discovery runs both ways. Defense counsel provides a copy of its discovery to the prosecutor by a date the judge sets and in no event later than 20 days before trial or the waiver hearing, covering examinations and tests, documents and objects, the names and birthdates of intended witnesses with their statements, and expert details. Both sides must list what they supplied — and list what is missing and explain why.

Three protections close the rule. Work product is outside discovery, as are the juvenile's own statements to their attorney. Protective orders are available on good cause, with the showing permitted in a written statement inspected by the court alone and then sealed for any appeal. And the duty to disclose is continuing, with remedies for non-compliance ranging from compelled discovery to exclusion of the undisclosed material.

Frequently Asked Questions

When is discovery due in a juvenile case?

No later than three business days after the complaint is filed if the juvenile is detained. If not detained and not diverted or referred to a referee, within 30 days of filing, or on written request but no later than five business days before the initial court appearance.

Does the prosecutor have to turn over favourable evidence?

Yes. Discovery shall include exculpatory information or material.

What does the defense have to provide?

Examinations and test results, relevant documents and objects, the names, addresses and birthdates of witnesses the juvenile may call together with their statements, and expert witness details — by a date the trial judge sets and no later than 20 days before the trial or waiver hearing.

What happens if a party does not comply?

The court may order the discovery of materials not previously disclosed, grant a continuance or delay during trial, prohibit the party from introducing the undisclosed material in evidence, or enter such other order as it deems appropriate.

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. 5:20-5). 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: juvenile discoveryexculpatory evidenceBrady material juvenileprotective order discoveryexpert witness juvenile