Rule 5:23-2.Proceedings After Transfer
Last amended December 31, 1983 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:23-2
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 (second sentence). Adopted December 20, 1983, to be effective December 31, 1983.
Plain-English Summary
A transferred case does not simply carry its old paperwork across. On transfer to the Family Part a new complaint is filed there.
That matters because the delinquency complaint has its own required contents under Rule 5:20-1, and its own intake and diversion review — none of which the original charging document would have gone through.
From that point the matter proceeds as if the action had been instituted in the Family Part in the first instance.
Frequently Asked Questions
Is a new complaint needed after transfer to the Family Part?
Yes. Upon transfer, a new complaint shall be filed in the Family Part.
How does the case proceed then?
As if the action had been instituted in that court in the first instance.