Rule 5:9-3.Hearing
Last amended December 31, 1983 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:9-3
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) 4:93-2(b). Adopted December 20, 1983, to be effective December 31, 1983.
Plain-English Summary
Termination of parental rights is permanent, and this rule reflects that by refusing to leave the record entirely in the parties' hands. At any time during or after the hearing, the court may require the production of additional testimony or subpoena additional witnesses.
It may also direct that notice of the proceedings be given to any person whose interests may be prejudiced or affected by entry of a judgment — a grandparent, a relative caregiver, an unnamed putative father — and it directs the manner in which that notice is given.
The hearing can be continued as the situation requires, so the court is not forced to choose between deciding on a thin record and dismissing.
Frequently Asked Questions
Can the court call its own witnesses in a termination case?
Yes. At any time during or after the hearing the court may require the production of additional testimony or subpoena additional witnesses.
Can someone else be brought into the case?
The court may direct that notice of the proceedings be given to any person whose interests may be prejudiced or affected by the entry of a judgment, and shall direct the manner in which that notice is given.