N.J. Stat. tit. 2C, ch. 104

in effect

N.J. Stat. § 2C:104-1 Definitions

2C:104-1 Definitions. a. A material witness is a person who has information material to the prosecution or defense of a crime. b. A material witness order is a court order fixing conditions necessary to secure the appearance of a person who is unlikely to respond to a subpoena and who has information material to the prosecution or defense of a pending indictment, accusation or complaint for a crime or a criminal investigation before a grand jury. Source: New. L.1994,c.126,s.1.

N.J. Stat. § 2C:104-2 Application for material witness order

2C:104-2 Application for material witness order. a. The Attorney General, county prosecutor or defendant in a criminal action may apply to a judge of the Superior Court for an order compelling a person to appear at a material witness hearing, if there is probable cause to believe that: (1) the person has information material to the prosecution or defense of a pending indictment, accusation or complaint for a crime or a criminal investigation before a grand jury and (2) the person is unlikely to respond to a subpoena. The application may be accompanied by an application for an arrest warrant when there is probable cause to believe that the person will not appear at the material witness hearing unless arrested. b. The application shall include a copy of any pending indictment, complaint or accusation and an affidavit containing: (1) the name and address of the person alleged to be a material witness, (2) a summary of the facts believed to be known by the alleged material witness and the relevance to the criminal action or investigation, (3) a summary of the facts supporting the belief that the person possesses information material to the pending criminal action or investigation, and (4) a summary of the facts supporting the claim that the alleged material witness is unlikely to respond to a subpoena. c. If the application requests an arrest warrant, the affidavit shall set forth why immediate arrest is necessary. Source: 2A:162-2. L.1994,c.126,s.2.

N.J. Stat. § 2C:104-3 Order to appear

2C:104-3 Order to appear. a. If there is probable cause to believe that a material witness order may issue against the person named in the application, the judge may order the person to appear at a hearing to determine whether the person should be adjudged a material witness. b. The order and a copy of the application shall be served personally upon the alleged material witness at least 48 hours before the hearing, unless the judge adjusts the time period for good cause, and shall advise the person of: (1) the time and place of the hearing; and (2) the right to be represented by an attorney and to have an attorney appointed if the person cannot afford one. Source: New. L.1994,c.126,s.3.

N.J. Stat. § 2C:104-4 Arrest with warrant

2C:104-4 Arrest With Warrant. a. If there is clear and convincing evidence that the person named in the application will not be available as a witness unless immediately arrested, the judge may issue an arrest warrant. The arrest warrant shall require that the person be brought before the court immediately after arrest. If the arrest does not take place during regular court hours, the person shall be brought to the emergency-duty Superior Court judge. b. The judge shall inform the person of: (1) the reason for arrest; (2) the time and place of the hearing to determine whether the person is a material witness; and (3) the right to an attorney and to have an attorney appointed if the person cannot afford one. c. The judge shall set conditions for release, or if there is clear and convincing evidence that the person will not be available as a witness unless confined, the judge may order the person confined until the material witness hearing which shall take place within 48 hours of the arrest. Source: 2A:162-2. L.1994,c.126,s.4.

N.J. Stat. § 2C:104-5 Arrest without warrant

2C:104-5 Arrest Without Warrant. a. A law enforcement officer may arrest an alleged material witness without a warrant only if the arrest occurs prior to the filing of an indictment, accusation or complaint for a crime or the initiation of a criminal investigation before a grand jury, and if the officer has probable cause to believe that: (1) a crime has been committed; (2) the alleged material witness has information material to the prosecution of that crime; (3) the alleged material witness will refuse to cooperate with the officer in the investigation of that crime; and (4) the delay necessary to obtain an arrest warrant or order to appear would result in the unavailability of the alleged material witness. b. Following the warrantless arrest of an alleged material witness, the law enforcement officer shall bring the person immediately before a judge. If court is not in session, the officer shall immediately bring the person before the emergency-duty Superior Court judge. The judge shall determine whether there is probable cause to believe that the person is a material witness of a crime and, if an indictment, accusation or complaint for that crime has not issued or if a grand jury has not commenced a criminal investigation of that crime, the judge shall determine whether there is probable cause to believe that, within 48 hours of the arrest, an indictment, accusation or complaint will issue or a grand jury investigation will commence. The judge then shall proceed as if an application for a warrant has been made under N.J.S.2C:104-4. Source: New. L.1994,c.126,s.5.

N.J. Stat. § 2C:104-6 Material witness hearing

2C:104-6 Material witness hearing. a. At the material witness hearing, the following rights shall be afforded to the person: (1) the right to be represented by an attorney and to have an attorney appointed if the person cannot afford one; (2) the right to be heard and to present witnesses and evidence; (3) the right to have all of the evidence considered by the court in support of the application; and (4) the right to confront and cross-examine witnesses. b. If the judge finds that there is probable cause to believe that the person is unlikely to respond to a subpoena and has information material to the prosecution or defense of a pending indictment, accusation or complaint for a crime, or a criminal investigation before a grand jury, the judge shall determine that the person is a material witness and may set the conditions of release of the material witness. c. If the judge finds by clear and convincing evidence that confinement is the only method that will secure the appearance of the material witness, the judge may order the confinement of the material witness. d. The judge shall set forth the facts and reasons in support of the material witness order on the record. Source: 2A:162-2. L.1994,c.126,s.6.

N.J. Stat. § 2C:104-7 Conditions of release; confinement

2C:104-7 Conditions of release; confinement. a. A confined person shall not be held in jail or prison, but shall be lodged in comfortable quarters and served ordinary food. b. The conditions of release for a material witness or for a person held on an application for a material witness order shall be the least restrictive to effectuate the appearance of the material witness. A judge may: (1) place the witness in the custody of a designated person or organization agreeing to supervise the person; (2) restrict the travel of the person; (3) require the person to report; (4) set bail; or (5) impose other reasonable restrictions on the material witness. c. A person confined shall be paid $40.00 per day, and when the interests of justice require, the judge may order additional payment not exceeding the actual financial loss resulting from the confinement. The party obtaining the material witness order bears the cost of confinement and payment unless the party is indigent. Source: 2A:162-3, 2A:162-4. L.1994,c.126,s.7.

N.J. Stat. § 2C:104-8 Deposition

2C:104-8 Deposition. A material witness may apply to the Superior Court for an order directing that a deposition be taken to preserve the witness's testimony. After the deposition is taken, the judge shall vacate the terms of confinement contained in the material witness order and impose the least restrictive conditions to secure the appearance of the material witness. Source: New. L.1994,c.126,s.8.

N.J. Stat. § 2C:104-9 Orders appealable

Orders appealable. A material witness order shall constitute a final order for purposes of appeal, but, on motion of the material witness, may be reconsidered at any time by the court which entered the order. Source: New. L.1994,c.126,s.9.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026