Rule 5:21-8.Custody and Detention of Material Witness

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

In one sentenceRule 5:21-8 requires the Family Part to be notified when a juvenile under 18 is held as a material witness, and puts the conditions of that detention under the court's control.

Full Text of Rule 5:21-8

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The judge of the Family Part shall be notified when any juvenile under 18 years of age has been taken into custody or detained as a material witness. The custody and conditions of detention of such juvenile material witness, pending the arraignment and the trial of the adult involved, shall be determined by the court upon notice to the prosecutor and other proper parties. If a juvenile is held in detention as a material witness, the trial for which the juvenile is held shall be brought on with all possible dispatch. The court may, in a proper case, dismiss a complaint for juvenile delinquency and designate the juvenile a material witness. Insofar as applicable, the provisions of R. 5:21 apply to the detention of a juvenile as a material witness.

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) 5:8-7. Adopted December 20, 1983, to be effective December 31, 1983; amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

A child can end up in custody without being accused of anything — held to secure their testimony in an adult's case. This rule makes sure a Family Part judge knows. The judge must be notified whenever any juvenile under 18 years of age has been taken into custody or detained as a material witness.

Custody and conditions are then determined by the court on notice to the prosecutor and other proper parties, pending the arraignment and trial of the adult involved. And where a juvenile is held as a material witness, the trial they are held for must be brought on with all possible dispatch — the child's detention is a reason to accelerate the adult case.

The court may in a proper case dismiss a delinquency complaint and designate the juvenile a material witness instead. The rest of Rule 5:21 applies to material witness detention so far as applicable, so the restrictions on where a juvenile may be held continue to govern.

Frequently Asked Questions

What happens if a juvenile is held as a material witness?

The judge of the Family Part must be notified when any juvenile under 18 years of age is taken into custody or detained as a material witness, and the court determines custody and conditions on notice to the prosecutor and other proper parties.

Does the adult trial get priority?

Yes. If a juvenile is held in detention as a material witness, the trial for which the juvenile is held shall be brought on with all possible dispatch.

Do the ordinary detention protections apply?

Yes. Insofar as applicable, the provisions of Rule 5:21 apply to the detention of a juvenile as a material witness.

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. 5:21-8). 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: material witnessjuvenile witness detentionheld as witness