LAW OFFICE OF PAUL DEPETRIS
paul@newjerseylemon.com
Your Subtitle text

New Jersey Appeal Court Information

INTRODUCTION
Read below to learn more about this topic. Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email. Warning – this article does not necessarily include every New Jersey court rule, code or law that may apply to your New Jersey case! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws. Before taking any action, read all applicable federal and state source law and case law and consult with an attorney. Court addresses, hours of operation and directions may change so check with the court in advance of mailing New Jersey appeal papers to court or going there! Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!

NEW JERSEY APPEALS COURT INFORMATION

WHAT IS A NEW JERSEY COURT APPEAL?
When New Jersey plaintiffs or New Jersey defendants do not agree with a New Jersey Trial Court’s decision deciding the New Jersey plaintiff or New Jersey defendant’s case, they may file a New Jersey Court Appeal and thereby appeal their case to a higher New Jersey court – New Jersey Appeals Courts. A New Jersey Court Appeal is the process by which a New Jersey party to New Jersey Court case asks a higher authority, such as a higher court, to review and reverse or modify the decision of a New Jersey Court judge. In a New Jersey Court Appeal, the New Jersey appeal appellant is the Court party that brings or files the New Jersey Court Appeal. The Court party that defends the Court Trial Court’s decision is the New Jersey appeal respondent. New Jersey appeal respondents may file their own New Jersey Court Appeal, called a Cross Appeal. New Jersey Appeals Courts review the decisions of New Jersey Trial Courts and decide if those decisions were legally correct. By doing so, the New Jersey appeals process tries to make certain that New Jersey Trial Courts made the right decision. New Jersey has two appeals courts that decide New Jersey Court Appeals – the New Jersey Appellate Division and the New Jersey Supreme Court.

WHAT HAPPENS DURING A NEW JERSEY APPEAL?
During a New Jersey appeal, New Jersey Appeals Courts do not hold trials but instead, review New Jersey Trial Court decisions to make certain that the New Jersey Trial Courts made legally correct decisions. Accordingly, normally, New Jersey appeals do not involved the New Jersey Appeals Court considering any evidence other than what was already presented to the New Jersey Trial Court.

WHAT IS THE NEW JERSEY APPELLATE DIVISION?
New Jersey has two appeals courts that decide New Jersey Court Appeals – the New Jersey Appellate Division and the New Jersey Supreme Court. The New Jersey Appellate Division is a New Jersey Appeals Court that hears a variety of New Jersey Trial Court Appeals, including appeals from the New Jersey Administrative Law Courts, New Jersey Special Civil Part, New Jersey Law Division, New Jersey Chancery Division and New Jersey Criminal Division. The New Jersey Appellate Division has approximately 30 New Jersey Appeals Court judges that hear New Jersey appeals from all over New Jersey. New Jersey Appellate Division judges decide cases while sitting in panels of between 2-3 judges. Every year, the New Jersey Appellate Division decides approximately 7,000 New Jersey appeals and approximately 7,000 New Jersey appeals.

WHERE IS THE NEW JERSEY APPELLATE DIVISION?
Superior Court, Appellate Division
Appellate Division Clerk's Office
P.O. Box 006, Trenton, New Jersey, 08625
Phone: (609) 292-4822

New Jersey Appellate Division judges have their chambers in various New Jersey cities such as Atlantic City, Jersey City, Morristown, New Brunswick, Newark, Trenton, West Long Branch, and Westmont. New Jersey Appellate Division Oral Arguments are heard in courtrooms located in Atlantic City, Morristown, New Brunswick, Newark and Trenton.

WHAT IS NEW JERSEY APPELLATE DIVISION ORAL ARGUMENT?
Not all New Jersey Appellate Division appeals undergo New Jersey Appellate Division Oral Argument. New Jersey plaintiffs or New Jersey defendants taking New Jersey court appeals may request New Jersey Appellate Division Oral Argument. Any party involved in a New Jersey Court Appeal may request New Jersey Appellate Division Oral Argument by filing a written New Jersey Appellate Division Oral Argument request within a specific time frame. This is done by filing with the New Jersey Appellate Division Clerk's office, no later than 14 days after service of party responding to the New Jersey Court Appeal's brief, a separate paper containing the New Jersey case caption and requesting New Jersey Appellate Division Oral Argument. Parties involved in New Jersey Court Appeals that are to be orally argued need to advise the New Jersey Appellate Division Clerk’s Office of any dates on which the parties are unavailable by sending the New Jersey Appellate Division Clerk a letter and forwarding a copy of that letter to all of the party’s opponents.

WHAT IS A NEW JERSEY MOTION FOR LEAVE TO APPEAL?
Many New Jersey Court decisions fail to decide all issues in a case as to all parties and thus, are not generally considered New Jersey Court “final” judgments or orders. If you do not have a New Jersey Court final judgment or order, you do not likely have standing to take a New Jersey Court Appeal and you usually must take further steps, such as filing a New Jersey motion for leave to appeal, to perfect your New Jersey Court Appeal. New Jersey Court Appeals of decisions that do not resolve all issues in the New Jersey case as to all parties are called “interlocutory appeals”. New Jersey Court interlocutory appeals generally require the Court party taking the New Jersey Court Appeal to file a New Jersey motion for leave to appeal with the New Jersey Appellate Division asking it to permit the New Jersey plaintiff or New Jersey defendant seeking to take a New Jersey appeal permission to appeal the New Jersey Trial Court decision. Certain motions must be made within 20 days of the service of the New Jersey Court Judgment, Court order or Court decision. Motion practice in the New Jersey Appellate Division has its own set of rules that a New Jersey party must follow when filing such motions. Another approach that might be available to a New Jersey party seeking to appeal an order which is not considered final is to file a New Jersey motion with the Court asking it to “certify” the New Jersey Court Judgment, Court order or Court decision that you seek to appeal as “final.” The motion may have to be made within 20 days of the service of the New Jersey Trial Court Judgment, New Jersey Trial Court order or New Jersey Trial Court decision. If you make a New Jersey motion for certification of a judgment, order or decision and it is granted, then you may file a New Jersey Court Appeal in normal fashion without having to file a New Jersey motion with the New Jersey Appellate Division for it to consider whether to accept an interlocutory New Jersey Court Appeal. It is often quite difficult to determine whether a particular New Jersey Court Judgment, New Jersey Trial Court order or New Jersey Trial Court decision is final or interlocutory. In fact, it is not unusual for attorneys and even New Jersey Trial Court judges to incorrectly decide that a particular New Jersey Trial Court Judgment, New Jersey Trial Court order or New Jersey Trial Court decision is final when in fact it is not! If you are taking a New Jersey Court Appeal and are unsure if the New Jersey Trial Court Judgment, New Jersey Trial Court order or New Jersey Trial Court decision is in fact final, you could file with the New Jersey Appellate Division a New Jersey Notice of Appeal and a New Jersey motion for leave to appeal at the same time. If you decide to do this, keep in mind the deadline for filing motions with the New Jersey Appellate Division, which differ from the deadlines for filing New Jersey Court Appeals from final New Jersey Trial Court judgments, New Jersey Trial Court orders or New Jersey Trial Court decisions.

WHAT IS THE CIVIL APPEALS SETTLEMENT PROGRAM?
The Civil Appeals Settlement Program (CASP) is a New Jersey Appellate Division program that tries to identify New Jersey appeals which might be settled before being decided by the New Jersey Appellate Division. Also, through the Civil Appeals Settlement Program, complex New Jersey appeals may undergo conferences before the New Jersey Appellate Division oral argument is performed and/or before the New Jersey appeal is decided by the New Jersey Appellate Division so that the New Jersey Appellate Division might clarify issues prior to the New Jersey parties taking and defending the New Jersey appeal start to prepare their New Jersey appeal briefs. The Civil Appeals Settlement Program schedules conferences in New Jersey Appellate Division cases. In advance of a Civil Appeals Settlement Program conference, the Civil Appeals Settlement Program may require parties to prepare and submit a statement about their positions on the New Jersey Appellate Division appeal.

WHAT IS THE NEW JERSEY SUPREME COURT?
The New Jersey Supreme Court is New Jersey’s highest state court. A New Jersey plaintiff or New Jersey defendant who is not satisfied with a New Jersey Appellate Division decision may appeal that decision to the New Jersey Supreme Court. The New Jersey Supreme Court normally has a total of 7 New Jersey Supreme Court judges who decide cases being heard by the New Jersey Supreme Court – 1 Chief Justice and 6 Associate Justices. The New Jersey Supreme Court decides appeals from the lower courts and cases in which a panel of New Jersey appeal court judges disagreed on one or more issues on a New Jersey appeal. New Jersey plaintiffs and New Jersey defendants may also ask the New Jersey Supreme Court to hear one or more issues by filing a petition for certification with the New Jersey Supreme Court. The New Jersey Supreme Court may agree to hear an appeal if the New Jersey Supreme Court decides the legal issues that the New Jersey Supreme Court is asked to decide are of great importance to the public or because the issue is the subject of separate, conflicting New Jersey Appeals Court opinions.

WHERE IS THE NEW JERSEY SUPREME COURT?
Clerk of the Supreme Court
Hughes Justice Complex, 25 W. Market Street
P.O. Box 970
Trenton, NJ 08625-0970
(609) 292-4837

NEED HELP WITH YOUR NEW JERSEY CASE?
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help. To receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.
Website Builder