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D.N.J. L. Cr. R. 101.1

Extrajudicial Statements in Criminal Proceedings

activein force · 2026-07-22 – presentact-effective-date

(a) A lawyer representing a party with respect to a criminal matter, or any other proceeding that

could result in incarceration, shall not make any extrajudicial statement that a reasonable person would

expect to be disseminated by means of public communication if the lawyer or other person knows or

reasonably should know that it will have a substantial likelihood of causing material prejudice to an

adjudicative proceeding.

(b) A statement referred to in L.Cr.R. 101.1(a) ordinarily is likely to have such an effect when it

relates

to:

(1) the character, credibility, reputation or criminal record of a defendant, suspect in a criminal

investigation or witness, the identity of a witness, or the expected testimony of a party or witness;

(2) the possibility of a plea of guilty to the offense or the existence or contents of any confession,

admission or statement given by a defendant or suspect, or that person's refusal or failure to make a statement;

(3) the performance or results of any examination or test, the refusal or failure of a person to submit

to an examination or test, or the identity or nature of physical evidence expected to be presented;

(4) any opinion as to the guilt or innocence of a defendant or suspect; or

(5) information the lawyer knows or reasonably should know is likely to be inadmissible as evidence

in a trial and would if disclosed create a substantial risk of prejudice to an impartial trial.

(c) Notwithstanding L.Cr.R. 101.1(a) and (b), a lawyer involved in the investigation or prosecution of a

matter may state without elaboration:

(1) the general nature of a charge or defense;

(2) the information contained in a public record;

(3) that an investigation of the matter is in progress, including the general scope of the

investigation, the offense, claim or defense involved and, except when prohibited by law, the identity of

the persons involved;

(4) the scheduling or result of any step in litigation;

(5) a request for assistance in obtaining evidence and the information necessary thereto;

(6) a warning of danger concerning the behavior of a person involved, when there is reason

to believe that there exists the likelihood of substantial harm to an individual or to the public interest;

(7) the identity, residence, occupation and family status of the accused;

(8) if the accused has not been apprehended, information necessary to aid in apprehension of

that person;

(9) the fact, time and place of arrest; and

(10) the identity of investigating and arresting officers or agencies and the length of the

investigation.

(d) The prohibitions set forth in L.Cr.R. 101.1(a), (b) and (c) pertain to all stages of criminal

proceedings, including investigation before a grand jury, the post-arrest pretrial period, jury selection, and jury

trial through verdict.

(e) Nothing in this Rule is intended to preclude either the formulation or application of more

restrictive rules relating to the release of any information about juvenile or other offenders.

(f) Nothing in this Rule is intended to apply to the holding of hearings or the lawful issuance of

reports by legislative, administrative or investigative bodies, nor to a reply by any attorney to charges of

misconduct publicly made against that attorney.

(g) The Court's supporting personnel including, among others, the Marshal, Deputy Marshals, the

Clerk, Deputy Clerks, bailiffs, court reporters and employees or subcontractors retained by the Court-appointed

official reporters, probation officers and their staffs, and members of the Judges' staffs, are prohibited from

disclosing to any person, without authorization by the Court, information relating to a pending grand jury

proceeding or a criminal case that is not part of the public record of the Court. The disclosure of information

concerning grand jury proceedings, in camera arguments and hearings held in chambers or otherwise outside

the presence of the public is also forbidden.

(h) The Court, on motion of any party or on its own motion, may issue a special order governing

such matters as extrajudicial statements by parties and witnesses likely to interfere with the rights of a party to a

fair trial by an impartial jury, the seating and conduct in the courtroom of spectators and news media

representatives, the management and sequestration of jurors and witnesses, and any other matters which the

Court may deem appropriate for inclusion in such an order.

Provenance

Source
www.njd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-18
Content hash
17ff243daa50f78868a8f43b688702539a75de62412914f03641ede5d059bead
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