2A:67-28 - Hearing; jury
2A:67-28. Hearing; jury
In all cases in which the sanity or insanity of the party is to be determined, the testimony shall be taken orally and the judge may hear the matter without a jury or may direct that the action be tried by a jury called from the general panel or, if such a jury is not available, by a jury specially summoned as in other actions.
In all other cases, the judge may hear the matter summarily on the complaint, return and answer to the return, if any, or may require that testimony be offered orally as in other actions and, on its own motion, may summon witnesses and require any person to produce any documents, records or other writings.
In any proceeding under subsection d. of section 2A:67-13 of this title, the judge may take testimony concerning the truth of the affidavit or affidavits and proofs upon which the order for process, under which the defendant therein is held, was made and said process issued.
L.1951 (1st SS), c.344