Open Public Records Act Request Form - Morris County Prosecutor'S Office Page 4
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4Yes, I am also requesting the documents under common law.
If the information requested is a "public record" under common law and the requestor has a legally recognized interest in the subject matter
contained in the material, then the material must be disclosed if the individual's right of access outweighs the State's interest in preventing
disclosure.
Please set forth your interest in the subject matter contained in the requested material:
_________________________________________________________________________________________________________________
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______________________________________________________________________________________________________________
Note that any challenge to a denial of a request for records under the common law cannot be made to the Government Records
Council, as the Government Records Council only has jurisdiction to adjudicate challenges to denials of OPRA requests. A challenge
to the denial of access under the common law can be made by filing an action in Superior Court.
1. All government records are subject to public access under the Open Public Records Act (“OPRA”), unless specifically
exempt.
2. A request for access to a government record under OPRA must be in writing, hand-delivered, mailed, transmitted
electronically, or otherwise conveyed to the appropriate custodian. N.J.S.A. 47:1A-5.g. The seven (7) business day
response time does not commence until the records custodian receives the request form. If you submit the request form
to any other officer or employee of the Morris County Prosecutor’s Office, that officer or employee must either forward
the request to the appropriate custodian, or direct you to the appropriate custodian. N.J.S.A. 47:1A-5.h.
3. Requestors may submit requests anonymously. If you elect not to provide a name, address, or telephone number, or
other means of contact, the custodian is not required to respond until you reappear before the custodian seeking a
response to the original request.
4. The fees for duplication of a government record in printed form are listed on the front of this form. We will notify you of
any special service charges or other additional charges authorized by State law or regulation before processing your
request. Payment shall be made by cash, check or money order payable to the Morris County Prosecutor’s Office.
5. You may be charged a 50% or other deposit when a request for copies exceeds $25. The Morris County
Prosecutor’s Office custodian will contact you and advise you of any deposit requirements. You agree to pay the balance
due upon delivery of the records. Anonymous requests in excess of $5.00 require a deposit of 100% of estimated fees.
6. Under OPRA, a custodian must deny access to a person who has been convicted of an indictable offense in New Jersey,
any other state, or the United States, and who is seeking government records containing personal information pertaining
to the person’s victim or the victim’s family. This includes anonymous requests for said information.
7. By law, the Morris County Prosecutor’s Office must notify you that it grants or denies a request for access to
government records within seven (7) business days after the agency custodian of records receives the request. If the
record requested is not currently available or is in storage, the custodian will advise you within seven (7) business days
after receipt of the request when the record can be made available and the estimated cost for reproduction.
8. You may be denied access to a government record if your request would substantially disrupt agency operations and the
custodian is unable to reach a reasonable solution with you.
9. If the Morris County Prosecutor’s Office is unable to comply with your request for access to a government record, the
custodian will indicate the reasons for denial on the request form or other written correspondence and send you a signed
and dated copy.
10. Except as otherwise provided by law or by agreement with the requester, if the agency custodian of records fails to
respond to you within seven (7) business days of receiving a request, the failure to respond is a deemed denial of your
request.
11. If your request for access to a government record has been denied or unfilled within the seven (7) business days required
by law, you have a right to challenge the decision by the Morris County Prosecutor’s Office to deny access. At your
option, you may either institute a proceeding in the Superior Court of New Jersey or file a complaint with the Government
Records Council (“GRC”) by completing the Denial of Access Complaint Form. You may contact the GRC by toll-free
telephone at 866-850-0511, by mail at PO Box 819, Trenton, NJ, 08625, by e-mail at grc@dca.state.nj.us, or at their web
site at The Council can also answer other questions about the law. All questions regarding
complaints filed in Superior Court should be directed to the Court Clerk in your County.
12. Information provided on this form may be subject to disclosure under the Open Public Records Act.
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