Rule 5:8-4.Filing of Report
Last amended September 1, 2011 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:8-4
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.
e: Source-R. (1969) 4:79-8(d). Adopted December 20, 1983, to be effective December 31, 1983; amended July 13, 1994 to be effective September 1, 1994; amended July 21, 2011 to be effective September 1, 2011.
Plain-English Summary
Three things happen to the report: it is filed with the court, furnished to the parties, and then filed in the Family Division's office. Nobody is asked to litigate against a document they have not seen.
It is confidential except as a rule or court order provides otherwise — the ordinary rule for material of this kind in a family file.
The evidentiary provision is the one that matters at trial. The report is received as direct evidence of the facts in it that are within the personal knowledge of the Family Division personnel who made it, and it is subject to cross-examination. So the investigator's own observations come in without further proof, while the report cannot smuggle in what someone else told them, and the author can be questioned.
Frequently Asked Questions
Do I get to see the custody investigation report?
Yes. The written report is filed with the court and furnished to the parties.
Is the report evidence at trial?
It is received as direct evidence of the facts contained in it that are within the personal knowledge of the Family Division personnel who made the investigation and report, subject to cross-examination.
Is the report public?
No. It is regarded as confidential, except as otherwise provided by rule or by court order.