R. 5:1-2. — Actions Cognizable

The following actions shall be cognizable in the Family Part:

a. Family Actions Generally. All actions in which the principal claim is unique to and arises out of a family or family-type relationship, including palimony actions, shall be filed and heard in the Chancery Division, Family Part. Such actions shall include all actions and proceedings referenced in Chapters II and III of Part V, unless otherwise provided in Rule 4:3-1(a)(4); all actions and proceedings formerly designated as matrimonial actions; actions that arise under the Domestic Partnership Act, N.J.S.A. 26:8A-1 et seq.; actions arising under N.J.S.A. 37:1-28 et seq. relating to civil unions; and all actions and proceedings formerly cognizable in the Juvenile and Domestic Relations Court.

b. Juvenile Delinquency Actions.

c. Criminal and Quasi-Criminal Actions.

1. Criminal actions brought pursuant to N.J.S. 2C:24-5 (willful nonsupport) shall be prosecuted in the Family Part subject to transfer to the Law Division pursuant to R. 3:1-5(b) in the event the defendant is entitled to and demands trial by jury.

2. All other indictable offenses pending in the Law Division may be transferred to the Family Part for trial and disposition pursuant to R.3:1-5 provided that (A) the gravamen of the offense charged arises out of a family or a family-type relationship between the defendant and a victim, (B) the defendant has waived trial by jury pursuant to R. 1:8-1, (C) the defendant and the prosecutor have both consented to such transfer.

3. Any non-indictable offense or violation pending in the municipal court and any indictable offense within the trial jurisdiction of the municipal court may be transferred for trial and disposition to the Family Part pursuant to R. 5:1-3(b) provided that the gravamen of the offense or violation arises out of a family or family-type relationship between the defendant and a victim.