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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38803
Experience:  Retired (mostly)
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If a juvenile court magistrate, sentences a person to 10 days

Customer Question

If a juvenile court magistrate, sentences a person to 10 days in jail for contempt of court (failure to pay child support) and the person files a motion to rehear (with a juvenile Judge) can the 10 day sentence be "stayed" until the 2nd hearing by the juvenile judge takes place? If so how, and what needs to be filed ?
Submitted: 3 years ago.
Category: Legal
Expert:  socrateaser replied 3 years ago.

Under NJ Court Rule 1:10-1, where there has been a judgment of contempt, "Execution of sentence shall be stayed for five days following imposition and, if an appeal is taken, during the pendency of the appeal, provided, however, that the judge may require bail if reasonably necessary to assure the contemnor's appearance."

NJ Court Rule 4:49-2, which is the applicable rule for reconsideration or rehearing on a judgment, does not provide any rule concerning staying a sentence. Ordinarily, a judgment is not stayed, except on appeal. Consequently, it would be necessary to request that the court stay the sentence pending the rehearing, pursuant to the court's inherent authority to make rules where no uniform rule currently exists.

So, the answer is to file a motion to amend judgment and to stay sentence pending the hearing to amend.

Please let me know if my answer is helpful or if I can provide further clarification or assistance.

And, thanks for using!
Customer: replied 3 years ago.

thank you

Expert:  socrateaser replied 3 years ago.
You're welcome and good luck!
Expert:  socrateaser replied 3 years ago.
Hello again,

I'm wondering if you have any further questions about this issue. Thanks again!