How do I file a public records request in New Jersey?
1. Statute. New Jersey Open Public Records Act (OPRA), N.J.S.A. §§ 47:1A-1 to 47:1A-13. The common-law right of access also supplements OPRA.
2. Who Can Request. Any person—no residency requirement. Anonymous requests permitted in some circumstances.
3. Form of Request. Must be on the agency's official OPRA request form (paper or electronic) or in a substantially similar writing. Must identify records with reasonable specificity.
4. Agency Response Deadline. 7 business days from receipt (§ 47:1A-5(i)). Failure to respond is a deemed denial. Agency may seek an extension only with notice.
5. Fees. $0.05 per letter-size page; $0.07 per legal-size page (§ 47:1A-5(b)). For electronic records, actual cost. Special service charge allowed for extraordinary requests requiring significant time/expense, but must be reasonable.
6. Exemptions. § 47:1A-1.1: criminal investigatory records, victim records, advisory/consultative/deliberative material, attorney-client privilege, attorney work product, trade secrets, security info, personnel/pension records, biometric information.
7. Redaction. Agency must redact exempt portions and disclose the remainder (§ 47:1A-5(g)).
8. Denial & Appeal. Written denial citing specific exemption required. Requester may file a complaint with the Government Records Council (GRC) free of charge or file suit in Superior Court (§ 47:1A-6).
9. Court Action. Summary action in Superior Court—expedited process. Common-law right of access claim can be added to broaden the scope.
10. Penalties. Knowing/willful violation: civil penalty $1,000 first offense, $2,500 second, $5,000 third (§ 47:1A-11). Attorney fees mandatory for prevailing requester (§ 47:1A-6).
This is legal information, not legal advice.
- GRC complaint is denied and you want to file in Superior Court
- You want to add a common-law right of access claim
- Records involve police internal affairs or governor's office
- N.J.S.A. §§ 47:1A-1 to 47:1A-13 (OPRA)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.