NJ · rules
N.J. Ct. R. 4:51-2
Execution; Bond
(a) Release on Bond or Cash Deposit. A defendant who is arrested either on a writ of capias ad respondendum or ne exeat and who fails or refuses to furnish a bond or cash deposit as is hereinafter described shall be brought immediately before the judge who issued the writ or the judge named therein, who shall forthwith advise defendant of the right to be released on bond with such sureties, if any, as the court shall by order direct, hear the defendant as to the amount of bail and fix the same by order, and advise defendant of the right to challenge the basis for the issuance of the writ pursuant to R. 4:51-3.
(b) Condition of Bond; Cash Deposit. The sheriff shall release the defendant upon the furnishing of a bond conditioned upon obeying the orders and process of the court pending the action and to such process as shall be issued to compel the performance of the judgment therein and that defendant shall appear before the court, or any officer thereof, when so required by court order. The sheriff may in lieu of bond accept a deposit in cash in the amount of the bail. The making of such deposit shall not prevent defendant from moving to set aside the order for bail. If the order for bail is later set aside or the defendant recovers judgment in the action, the money deposited shall be returned to the person who made the deposit; but if the plaintiff recovers judgment and the money is the defendant's, it shall be applied toward the satisfaction of the judgment.
(c) Exceptions or Objections to Bond or Bail. Exceptions or objections to bail or to the bond may be made by motion served upon the parties and the bail or the obligor on the bond within 20 days after bail or bond has been filed or posted. Upon such motion the court may approve the bail or bond or order new or additional bail or bond. If such new or additional bail or bond is not filed or posted and approved within the time specified in the order, the court shall order the bail to surrender the defendant at a specified time. The court may at any time, on notice of motion to the plaintiff and upon terms, reduce the bail or the bond to an amount deemed just under the circumstances.
History
Note: Source-R.R. 4:66-2, 4:66-4(a)(b)(c), 4:66-5(a)(b). Paragraph (c) amended by order of September 5, 1969, effective September 8, 1969; Caption amended and paragraphs (a) and (b) deleted and new paragraphs (a) and (b) adopted July 7, 1971 to be effective September 13, 1971; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994.
Provenance
- Source
- njcourts.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
67908407496b41b55d24d79b280bf28e71302fed92e74ffb3f72fd36265744fa
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