This page, Rule 2: Issuance of Complaint; Police Statement, is part of
This page, Rule 2: Issuance of Complaint; Police Statement, is offered by
District/Municipal Courts Rules of Criminal Procedure

District/Municipal Courts Rules of Criminal Procedure Rule 2: Issuance of Complaint; Police Statement

Effective Date: 01/01/1996

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Table of Contents

(a) Cases Commenced by Warrantless Arrest

Prior to the issuance of a criminal complaint in a case commenced by warrantless arrest, the clerk-magistrate shall obtain from the police department responsible for the arrest a written statement describing the facts constituting the basis for the arrest. This requirement may be satisfied by providing to the clerk-magistrate a copy of the arresting officer's police report at the time the Application for Complaint is filed or by setting forth the statement in the space provided on the Application for Complaint, with an additional sheet or sheets attached to the Application as may be needed.

(b) Cases Commenced by Issuance of a Criminal Complaint on Application by Police or Civilian. 

Prior to the issuance of a criminal complaint in a case commenced by an application therefor filed by a police officer, rather than by a warrantless arrest, the clerk-magistrate shall obtain from the police officer the police report, if any, relating to the alleged crime. In all cases, each police and civilian complainant shall, on the Application for Criminal Complaint, provide the information to support the issuance of the complaint.

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