Last amended September 1, 2007 · Current through September 1, 2026 · Last verified September 8, 2026
In one sentenceRule 5:3-4 secures the right to counsel in family matters, requires the court to advise juveniles and their families of that right and to refer or assign counsel where a consequence of magnitude looms, and says when a prosecutor appears.
(a)Right to Counsel; Public Defender; Assignment of Counsel. In all matters the parties shall have the right to be represented by counsel. In family matters the court shall advise the juvenile and the juvenile's parents, guardian, or custodian of their right to retain counsel and, if counsel is not otherwise provided for the family and if the matter may result in the institutional commitment or other consequence of magnitude to any family member, or if any family member is constitutionally or by law entitled to counsel, the court shall refer the family member to the Office of the Public Defender, if appropriate, or assign other counsel to represent the juvenile or family member. The court may, depending upon the financial circumstances of the parents, guardian or custodian, order them to pay the fee of assigned counsel in such amount as it fixes. The court shall also assign counsel to represent indigents in family actions where a party is by constitution, state or federal, or by law entitled to counsel and there is no publicly-funded source of representation available, except in child support enforcement hearings.
(b)Appearances. Where no answer is filed, attorneys representing any party to a proceeding shall enter their appearances promptly with the clerk of the court and, insofar as practicable, shall notify the clerk of the length of time it is anticipated the hearing or trial will take. In summary actions the attorneys, no later than 5 days prior to the date set for the hearing or trial, shall notify the clerk as to whether the matter is contested or uncontested. The parties and their counsel shall be afforded a reasonable time in which to prepare for the hearing or trial in all matters.
(c)Prosecuting Attorney. Whenever required by statute or rule the county prosecutor shall prosecute the complaint on behalf of the State. In any matter where the interest of justice so requires, the court may request the attorney general, the county prosecutor, the municipal attorney or the school board attorney, as appropriate, to appear and prosecute the complaint.
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) 5:3-3(a)(b)(c). Adopted December 20, 1983, to be effective December 31, 1983; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended June 15, 2007 to be effective September 1, 2007.
Plain-English Summary
Every party in a family matter has the right to be represented. The court's affirmative duties run to juveniles and their parents, guardians or custodians: it must advise them of the right to retain counsel and, where counsel is not otherwise provided, refer them to the Office of the Public Defender or assign other counsel — but only where the matter may result in institutional commitment or another consequence of magnitude, or where a family member is entitled to counsel by constitution or law.
Assignment is not always free. Depending on the financial circumstances of the parents, guardian or custodian, the court may order them to pay the assigned counsel's fee in an amount it fixes. The court must also assign counsel to indigent parties in family actions where the right to counsel exists and no publicly funded source is available — with one carve-out, for child support enforcement hearings.
Two housekeeping duties follow. Where no answer is filed, attorneys enter their appearances promptly and, so far as practicable, tell the clerk how long the hearing is expected to take; in summary actions they must say whether the matter is contested no later than five days before the hearing date.
Frequently Asked Questions
When must the court assign counsel in a family case?
Where a family member is entitled to counsel by constitution or law and no publicly funded source of representation is available, except in child support enforcement hearings. For juveniles and their families, the duty is triggered by possible institutional commitment or another consequence of magnitude.
Can parents be made to pay for assigned counsel?
Yes. Depending on the financial circumstances of the parents, guardian or custodian, the court may order them to pay the assigned counsel's fee in the amount it fixes.
When must an attorney tell the court a summary matter is contested?
No later than 5 days before the date set for the hearing or trial.
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. 5:3-4). 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:right to counselpublic defenderassigned counselappearanceprosecutor