RULE 5:3. General Provisions For Family Actions

5:3-1. Applicability

The provisions of R. 5:3 shall apply to all family actions except as is otherwise provided by these rules for juvenile delinquency actions and criminal and quasi-criminal actions tried in the Family Part.

Note: Source-new. Adopted December 20, 1983, to be effective December 31, 1983.

5:3-2. Closed Hearings; Record

Note: Source-R.R.. (1969) 5:5-1(b). Adopted December 20, 1983, to be effective December 31, 1983; paragraphs (a) and (b) amended July 14, 1992 to be effective September 1, 1992; paragraph (a) amended June 28, 1996 to be effective September 1, 1996.

5:3-3. Appointment of Experts

Note: Source -- R. (1969) 5:3-5, 5:3-6. Adopted December 20, 1983, to be effective December 31, 1983; caption amended, former rule redesignated paragraph (a) and paragraph (b)(1), (2), (3), (4) and (5) adopted November 7, 1988 to be effective January 2, 1989; former paragraphs (b)(1), (2), (3), (4), and (5) captioned and redesignated as (c), (d), (e), (f) and (g) respectively June 29, 1990 to be effective September 4, 1990; paragraph (a) amended January 21, 1999 to be effective April 5, 1999; paragraph (a) caption and text amended, new paragraph (b) adopted, former paragraph (b) amended and redesignated as paragraph (c), former paragraphs (c) and (d) redesignated as paragraphs (d) and (e), former paragraph (e) amended and redesignated as paragraph (f), former paragraph (f) redesignated as paragraph (g), former paragraph (g) amended and redesignated as paragraph (h), and new paragraph (i) adopted July 28, 2004 to be effective September 1, 2004.

5:3-4. Counsel: Appearance; Prosecutor

Note: Source-R.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.

Official Note Regarding 2007 Amendment

Pertaining to actions brought under Rule 1:10-3 for noncompliance with child support orders, the Supreme Court in Pasqua v. Council, 186 N.J. 127, 146, 149 (2006), established a due process right for the obligor to be advised of the right to counsel. Where counsel is requested, and the obligor is found to be indigent, counsel must be assigned before incarceration may be used to coerce compliance. The Court determined that pro bono attorneys would not be appointed in these cases, referring the issue to the Legislature. Currently, Administrative Office of the Courts Directive # 18-06 promulgates statewide standards and procedures relating to the use of warrants and incarceration in child support enforcement.

5:3-5. Attorney Fees and Retainer Agreements in Civil Family Actions; Withdrawal

Note: Adopted January 21, 1999 to be effective April 5, 1999; paragraph (b) amended July 5, 2000 to be effective September 5, 2000; new paragraph (a)(10) adopted, and paragraphs (d)(1) and (d)(2) amended July 28, 2004 to be effective September 1, 2004; paragraph (c) amended July 16, 2009 to be effective September 1, 2009; paragraph (c) amended and subparagraphs (d)(1) and (d)(2) amended July 21, 2011 to be effective September 1, 2011.

5:3-6. Continuous Trials

Insofar as practicable, civil family actions should be tried continuously to conclusion and, in the absence of exigent circumstances, shall be so tried in counties in which four or more judges are assigned to the Family Part on a full-time basis.

Note: Adopted January 21, 1999 to be effective April 5, 1999.

5:3-7. Additional Remedies on Violation of Orders Relating to Parenting Time, Alimony, or Support

Note: Adopted January 21, 1999 to be effective April 5, 1999; paragraph (a) amended July 5, 2000 to be effective September 5, 2000; caption amended, paragraph (a) amended, and new paragraph (c) adopted July 21, 2011 to be effective September 1, 2011.