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Home/State Laws/New Jersey

New Jersey Mock Trial Rules

Northeast

NJ · Capital: Trenton

Evidence Rules

New Jersey Rules of Evidence

Citation: N.J.R.E. [rule number]

Key Differences from Federal Rules of Evidence

  • N.J.R.E. 803(c)(25) provides a broader residual hearsay exception than FRE 807 with fewer prerequisite conditions
  • New Jersey follows its own net opinion rule for expert testimony, barring opinions without factual support
  • N.J.R.E. 404(b) requires a Cofield/Rose four-part test before admitting other crimes evidence
  • New Jersey recognizes a broader news reporter privilege under the Shield Law (N.J.S.A. 2A:84A-21)

Notable Rules

RuleDescription
N.J.R.E. 702Expert testimony standard based on the net opinion rule, requiring experts to provide factual foundation for all opinions
N.J.R.E. 803(c)(25)Residual hearsay exception with relaxed requirements allowing admission when statement has equivalent guarantees of reliability
N.J.R.E. 508Newsperson privilege (Shield Law) providing broad protection for journalists against compelled disclosure of sources

Trial Procedure

Civil Procedure

New Jersey Rules of Court, Part IV (Civil)

Criminal Procedure

New Jersey Rules of Court, Part III (Criminal)

Key Features

  • New Jersey uses an Entire Controversy Doctrine requiring all claims arising from a transaction to be litigated in one action
  • The state employs a mandatory arbitration program for civil cases under $15,000
  • New Jersey uses a Model Jury Charge system with standardized jury instructions for all case types

Jury Rules

6

Civil Jury Size

12

Criminal Jury Size

No

Unanimity Required

  • Civil juries of 6 require a 5/6 majority verdict in most cases
  • Criminal juries of 12 must reach unanimous verdicts for all indictable offenses
  • New Jersey eliminated the grand jury presentment power, using only indictments for serious crimes

Special Features

Entire Controversy Doctrine

New Jersey requires all related claims between parties to be raised in a single action, more expansive than federal compulsory counterclaim rules

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Other Northeast States

CT — ConnecticutME — MaineMA — MassachusettsNH — New HampshireNY — New YorkPA — PennsylvaniaRI — Rhode IslandVT — Vermont
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