(a) Complaint; Verification. The complaint, which shall be in writing and verified, shall specify (1) the person alleged to have violated the provision of statute for whose violation is imposed a penalty to be enforced in a summary manner; (2) the statute and provision thereof violated; and (3) the time, place and nature of such violation. If the proceeding is instituted by a governmental body or officer, the verification of the complaint may be made on information and belief by any person duly authorized to act on plaintiff’s behalf.
Rule 4:70-2.Complaint; verification; process
Last amended September 1, 2004 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:70-2 requires a civil-penalty complaint to be a written, verified statement identifying the violator, the statute violated, and the violation's time, place, and nature, with a summons issuing on filing or, where the statute allows, a warrant instead.
Full Text of Rule 4:70-2
(b) Process. The summons, which shall issue on the filing of the complaint, shall be signed and served by any person so authorized by statute or rule, including a law enforcement officer. A warrant may issue in lieu of a summons if authorized by the statute imposing the penalty, in which case the procedures prescribed by R. 3:2-3 and R. 3:3-3 shall apply. If the statute imposing the penalty authorizes arrest without a warrant for a violation committed within the view of a law enforcement officer, the officer making the arrest shall follow the procedures prescribed by R. 3:4-1(a). The Administrative Director of the Courts may prescribe forms of complaint, summons, and warrant for proceedings pursuant to this rule.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 7:13-2; amended July 13, 1994 to be effective September 1, 1994; caption; amended, former text redesignated as paragraph (a), caption added to paragraph (a), and new paragraph (b) caption and text adopted July 28, 2004 to be effective September 1, 2004.
Plain-English Summary
A civil-penalty complaint has a specific job: name the alleged violator, cite the exact statute and provision violated, and describe when, where, and how the violation happened. When a government body or officer brings the case, the verification can rest on information and belief rather than personal knowledge.
Once filed, the complaint triggers a summons, signed and served by whoever's authorized to do so, including a law enforcement officer. If the penalty statute allows it, a warrant can issue instead of a summons, or an officer can make a warrantless arrest for a violation committed in view, each following its own established criminal-procedure steps.
Frequently Asked Questions
What must a civil-penalty complaint specify?
The person alleged to have violated the statute, the specific statute and provision violated, and the time, place, and nature of the violation.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:70-2). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: civil penalty complaint