Rule 5:23-1.Transfer Generally

Last amended January 10, 1984 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:23-1 requires any other court that discovers a defendant was a juvenile when the conduct occurred to transfer the action to the Family Part immediately, except for enumerated motor vehicle violations.

Full Text of Rule 5:23-1

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Except as herein otherwise provided, if during the pendency of any matter in any other court in which a person is charged with a crime, offense or violation, it is discovered that such person was a juvenile at the time of the commission of the conduct charged, such court shall immediately transfer the action to the Family Part. The action shall not, however, be transferred if it involves any violation by a juvenile of Title 39 of the Revised Statutes (motor vehicles) enumerated by N.J.S. 2A:4A-23.

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) 5:9-6 (first sentence). Adopted December 20, 1983, to be effective December 31, 1983; amended January 10, 1984, to be effective immediately.

Plain-English Summary

The trigger is discovery, not the stage of the case. If during the pendency of any matter in any other court it emerges that the person charged was a juvenile at the time of the conduct charged, that court must immediately transfer the action to the Family Part.

Age at the time of the conduct governs, not age today. Someone charged as an adult for something done while still a juvenile belongs in the Family Part.

One category is excluded: the action is not transferred where it involves a violation by a juvenile of the motor vehicle title enumerated in the statute. Those stay where they are.

Frequently Asked Questions

What happens if an adult court finds out the defendant was a juvenile?

That court shall immediately transfer the action to the Family Part.

Does that apply to traffic offenses?

No. The action is not transferred if it involves a violation by a juvenile of Title 39 of the Revised Statutes (motor vehicles) as enumerated by N.J.S. 2A:4A-23.

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. 5:23-1). 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: transfer to family partjuvenile at time of offensemotor vehicle exception