Rule 5:22-2.Waiver of Jurisdiction and Referral Without Juvenile's Consent

Last amended September 1, 2018 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:22-2 governs the prosecutor's motion to waive Family Part jurisdiction without the juvenile's consent — filed within 60 days, supported by written reasons, and refusable only if the court is clearly convinced the prosecutor abused their discretion.

Full Text of Rule 5:22-2

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Motion for Waiver of Jurisdiction and Referral. A motion seeking waiver of jurisdiction by the Family Part shall be filed by the prosecutor within 60 days after the receipt of the complaint, which time may be extended for good cause shown. The motion shall be accompanied by a written statement of reasons clearly setting forth the facts used in assessing all factors contained in N.J.S.A. 2A:4A-26.1 et seq., together with an explanation as to how evaluation of those facts support waiver for the particular juvenile.

(b) Waiver Hearing. At the waiver hearing, the court shall receive the evidence offered by the State and by the juvenile. No testimony of a juvenile at a hearing to determine referral by this rule shall be admissible for any purpose in any subsequent hearing to determine delinquency or guilt of any offense. The court also shall permit cross-examination of any witnesses. The State shall provide proof to satisfy the requirements of N.J.S.A. 2A:4A-26.1(c)(1) with respect to the age of the juvenile and N.J.S.A. 2A:4A-26.1(c)(2) with respect to probable cause to believe that the juvenile committed one of the enumerated delinquent acts. The court also shall review whether the State considered the factors set forth in N.J.S.A. 2A:4A-26.1(c)(3).

(c) Factors to be Considered. The court may deny a motion by the prosecutor to waive jurisdiction of a juvenile delinquency case if it is clearly convinced that the prosecutor abused his or her discretion in considering the factors set forth within N.J.S.A. 2A:4A-26.1(c)(3).

(d) Standards for Referral. The court shall waive jurisdiction of a juvenile delinquency action without the juvenile's consent and shall refer the action to the appropriate court and prosecuting authority having jurisdiction pursuant to N.J.S.A. 2A:4A-26.1(c).

(e) Order to Waive Jurisdiction and for Referral. An order waiving jurisdiction of the case and referring the case to the appropriate court and prosecuting authority shall specify therein the alleged act or acts upon which the referral is based, and all other delinquent acts charged against the juvenile arising out of or related to the same transaction.

(f) Filing Complaint Upon Granting of Waiver. Upon the issuance of an order granting waiver and a detention decision pursuant to N.J.S.A. 2A:4A-36, the waived juvenile shall, if necessary, be released to law enforcement for the sole purpose of any post-arrest identification procedures required by N.J.S.A. 53:1-15 or otherwise required by law, and the prosecutor shall file a complaint with the appropriate court within 12 hours.

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) 5:9-5(b), (c). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (b)(2)(E) amended July 14, 1992 to be effective September 1, 1992; paragraphs (a), (b)(2)(F) and (b)(4) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a) and (b)(2)(D), (E) and (F) amended, paragraph (b)(2)(G) adopted June 28, 1996 to be effective September 1, 1996; paragraphs (b) and (b)(1) amended, former paragraphs (b)(2), (b)(3), and (b)(4) deleted, new paragraphs (b)(2), (b)(3), and (b)(4) added July 10, 2002 to be effective September 3, 2002; paragraphs (b)(2)(B) and (b)(2)(C) amended, new paragraph (b)(2)(D) adopted, paragraph (b)(3) caption amended, paragraphs (b)(3)(B) and (b)(3)(C) amended, new paragraph (b)(3)(D) adopted July 28, 2004 to be effective September 1, 2004; new paragraph (b) added, and former paragraphs (b), (c), (d) redesignated as paragraphs (c), (d), (e) June 15, 2007 to be effective September 1, 2007; caption amended, paragraphs (a) and (b) caption and text amended, new paragraph (c) adopted, former paragraph (c) redesignated as paragraph (d) and text amended, former paragraph (d) redesignated as paragraph (e) and caption and text amended, former paragraph (e) deleted with text relocated to paragraph (b) August 1, 2016 to be effective September 1, 2016; new paragraph (f) adopted July 27, 2018 to be effective September 1, 2018.

Plain-English Summary

The motion has a deadline and a paperwork burden. The prosecutor files within 60 days after receiving the complaint, extendable for good cause, and must attach a written statement of reasons setting out the facts used in assessing the statutory factors and explaining how those facts support waiver for this particular juvenile.

At the hearing the court receives evidence from both sides and permits cross-examination. One protection is absolute and worth knowing before the juvenile testifies: no testimony a juvenile gives at a waiver hearing is admissible for any purpose in any subsequent hearing to determine delinquency or guilt. The State must prove the juvenile's age and probable cause to believe they committed one of the enumerated acts, and the court reviews whether the State considered the statutory factors.

The standard of review is the striking part. The court may deny the motion only if it is clearly convinced that the prosecutor abused his or her discretion in considering the statutory factors. Otherwise the court shall waive jurisdiction. The decision belongs largely to the prosecutor, and the judge's role is to check for abuse rather than to substitute their own judgment.

The order must specify the act or acts the referral is based on and all other delinquent acts charged that arise out of or relate to the same transaction. Once waiver is granted and detention decided, the juvenile may be released to law enforcement solely for required post-arrest identification procedures, and the prosecutor files a complaint with the appropriate court within 12 hours.

Frequently Asked Questions

How long does the prosecutor have to seek waiver?

The motion must be filed within 60 days after receipt of the complaint, which time may be extended for good cause shown.

Can the court refuse to waive jurisdiction?

Only on a narrow ground. The court may deny the motion if it is clearly convinced that the prosecutor abused his or her discretion in considering the statutory factors.

Can what my child says at the waiver hearing be used against them?

No. No testimony of a juvenile at a hearing to determine referral is admissible for any purpose in any subsequent hearing to determine delinquency or guilt of any offense.

What happens immediately after waiver is granted?

On issuance of the order and a detention decision, the juvenile may be released to law enforcement solely for any required post-arrest identification procedures, and the prosecutor files a complaint with the appropriate court within 12 hours.

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. 5:22-2). 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: waiver of jurisdictioninvoluntary waiverwaiver hearingprosecutor motion to waiveadult court referral