LAW OFFICE OF PAUL DEPETRIS
paul@newjerseylemon.com
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New Jersey Court Appeals FAQs

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 Trial 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or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.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 New Jersey Trial Court in advance of mailing documents 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 COURT APPEAL FAQS

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 – The New Jersey Appeals Court. 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 Court 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 Court Appeal respondent. The New Jersey Court Appeal respondents may file their own New Jersey Court Appeal, called a Cross Appeal. The New Jersey Appeals Court review the decisions of New Jersey Trial Courts and decide if those decisions were legally correct. By doing so, the New Jersey Court 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 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 the New Jersey Court Appeals Court that hears a variety of The New Jersey 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 The New Jersey Court Appeals Court judges that hear The New Jersey Court 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 The New Jersey Court Appeals and approximately 7,000 The New Jersey Court 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 HAPPENS DURING THE NEW JERSEY COURT APPEAL?
During the New Jersey Court Appeal, the New Jersey Appeals Court 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, the New Jersey Court Appeals do not involved the New Jersey Court Appeals Court considering any evidence other than what was already presented to the New Jersey Trial Court.

WHY FILE THE NEW JERSEY COURT APPEAL?
Many people ask why file the New Jersey Court Appeal? When deciding whether to file the New Jersey Court Appeal of a New Jersey trial court judgment, New Jersey trial court decision, New Jersey trial court order or New Jersey administrative law decision or to defend against the New Jersey Court Appeal of a New Jersey trial, there are many important considerations. When deciding the question of why file the New Jersey Court Appeal of a New Jersey trial court judgment, New Jersey trial court decision, New Jersey trial court order or New Jersey administrative law decision or to defend against the New Jersey Court Appeal of a New Jersey trial, consider the following:
• Many New Jersey trial judges and New Jersey administrative law judges are overturned on appeal.
• New Jersey trial courts and New Jersey administrative judges often commit reversible error when interpreting New Jersey statutes, New Jersey administrative regulations, New Jersey common law and New Jersey court rules.
• New Jersey trial courts and New Jersey administrative judges often commit reversible error by failing to properly apply the facts of a dispute to the law that applies to the case.
• The procedural history and/or substantive legal issues of many cases provide multiple grounds for appeal.
• A pending The New Jersey Court Appeal may bring your opponent to the table to negotiate a settlement of the case before the New Jersey Court Appeal is heard. For example, the Appellate Division has a settlement panel program that may resolve your dispute prior to the adjudication of your The New Jersey Court Appeal.
• Allowing a trial court, appellate court or administrative judge’s bad legal decision to stand could affect future cases, causing you difficulty on other cases you handle in the future.
• If you performed many hours of work on the case and lost before a New Jersey trial court or before a New Jersey administrative judge, you may owe it to yourself to try to reverse an erroneous decision.
• If you win on the New Jersey Court Appeal, you may gain new respect from adversaries or peers who you frequently see in court.
• If you prevail on the New Jersey Court Appeal and your The New Jersey Court Appeals case becomes published, you could establish a reputation on the subject of the appeal superior to that held by many other attorneys in your area of practice. Few things strengthen a lawyer’s reputation like a published opinion in which they represented the prevailing party.
• If you prevail on the New Jersey Court Appeal, you may be forever grateful and you may thereby vindicate yourself.
• Unless you file an appeal of a New Jersey decision that you believe is incorrect, you shall never know if you could have turned the tables on your The New Jersey Court Appeals case.

WHY ANSWER A NEW JERESEY APPEAL?
Many people ask why answer the New Jersey Court Appeal? When deciding why answer the New Jersey Court Appeal of a New Jersey trial court decision or New Jersey administrative law decision in which you represented or were the prevailing party, consider the following:
• Many New Jersey trial judges and New Jersey administrative law judges are overturned on appeal.
• Even if you won at the trial level, New Jersey trial courts and New Jersey administrative judges often commit reversible error when interpreting New Jersey statutes, New Jersey administrative regulations, New Jersey common law and New Jersey court rules.
• New Jersey trial courts and New Jersey administrative judges often commit reversible error by failing to properly apply the facts of a dispute to the law that applies to the case.
• The procedural history and/or substantive legal issues of many cases provide multiple grounds for appeal.
• If you lose the appeal, the resulting bad legal decision could affect future cases, causing you difficulty on other cases you handle in the future.
• If you performed many hours of work on the case and won at the trial lever, you can’t afford to make a serious effort t to preserve your victory.
• If you win on the New Jersey Court Appeal, you may gain new respect from adversaries or peers who you frequently see in court.
• If you prevail on the New Jersey Court Appeal and your The New Jersey Court Appeals case becomes published, you could establish a reputation on the subject of the appeal superior to that held by many other attorneys in your area of practice. Few things strengthen a lawyer’s reputation like a published opinion in which they represented the prevailing party.
• If you prevail on the New Jersey Court Appeal, you may be forever grateful.

To answer the New Jersey Court Appeal a person must often do more than merely respond to an adversary’s brief. For example, what if your adversary distorts the facts of the case in his or her brief, fails to include key documents in the appendix or fails to order a crucial trial court or administrative hearing transcript? Unless you deal with such issues, the defense of the appeal may be seriously compromised. The skills necessary to try a case or to argue a motion are not the same as those necessary to skillfully handle an appeal. When facing the New Jersey Court Appeal, thinking on one’s feet often gives way to careful legal analysis, research and writing. Hire a New Jersey appellate attorney to assist you in preparing your opposition papers.

HOW DO I TAKE THE NEW JERSEY COURT APPEAL (GENERAL INFORMATION)?
If you disagree with the decision of a New Jersey Trial Court such as a New Jersey Trial Court judgment entered against you or your business at a New Jersey Trial Court trial or the denial of a New Jersey motion to vacate a New Jersey Trial Court default judgment, you may appeal the New Jersey case to a higher New Jersey Trial Court -- the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division of the Superior Court. There are very strict deadlines for filing The New Jersey Court Appeals. The New Jersey Court Appeals from orders or judgments that are not final are called “interlocutory appeals” and the procedure for such The New Jersey Court Appeals is somewhat different than those for The New Jersey Court Appeals from New Jersey Trial Court final judgments or orders. To appeal a New Jersey Trial Court final judgment in New Jersey that resolves all issues in the New Jersey case, you must act in a specific time frame by filing a New Jersey Notice of Appeal and other required The New Jersey Court Appeal documents with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division within 45 days from the date of the New Jersey Trial Court final judgment, Court final order or Court final decision and pay a nonrefundable fee to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division – The New Jersey Court Appeals and are not filed with the New Jersey Trial Court or decided by the New Jersey Trial Court and you should not try to file appellate The New Jersey Court Appeal papers with the New Jersey Trial Court or at your New Jersey county Courthouse! As part of your The New Jersey Court Appeal, you usually must also prepare a written New Jersey Trial Court transcript request and order a Court transcript from the appropriate Court that decided the matter against you or your business and pay a nonrefundable fee for it. A New Jersey Trial Court transcript is a written record of hearings held in New Jersey Trial Court in a particular New Jersey Trial Court case. After a New Jersey Notice of Appeal is filed, you must prepare and file other The New Jersey Court Appeal documents, such as a transcript, brief and a document that provides proof that you mailed these items to your adversary. If you want the opportunity to argue your The New Jersey Court Appeal, you may have to file a New Jersey request for argument by a specific deadline.

ARE THE NEW JERSEY COURT APPEALS DIFFICULT?
The New Jersey Court Appeals are highly complex proceedings and no website can possibly advise a New Jersey party taking or defending against the New Jersey Court Appeal of all procedures or issues necessary to consider when handling the New Jersey Court Appeal! The New Jersey Court Appeals Court rules and New Jersey laws and regulations change very frequently, as does the New Jersey caselaw interpreting them, all of which could have a major impact on any The New Jersey Court Appeal. Many Courties that try to handle The New Jersey Court Appeals themselves write up The New Jersey Court Appeal The New Jersey Court Appeal papers that fail to comply with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division’s strict requirements and the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division rejects those The New Jersey Court Appeal papers, requiring the New Jersey Trial Courties to make corrections and resubmit the New Jersey Court Appeal The New Jersey Court Appeal papers in a specific time frame or face negative consequences. Before taking any action in a Court Appeal, confirm that the rules have not changed!!!! Reliance on a website is no substitute for advice by the New Jersey Court Appeals lawyer!

HOW DO I START THE NEW JERSEY COURT APPEAL?
Most often, the first step to taking the New Jersey Court Appeal is to order one or more New Jersey Trail Court transcripts, since you often have to provide proof that you ordered the New Jersey Trial Court transcripts with your appellate The New Jersey Court Appeal papers. In some cases, there is no transcript made of the New Jersey Trial Court trial Court’s consideration of the New Jersey Trial Court Judgment, Court order or Court decision because the New Jersey Trial Court prepared a written memorandum/decision, order or judgment. However, in many cases, the New Jersey Trial Court’s proceedings are transcribed or recorded and if this occurs, you must order a copy of the New Jersey Trial Court transcript. It may be possible to have the New Jersey Trial Court transcript abbreviated, such as in the New Jersey case of a long trial transcript. This may require the agreement of your opponent or you may have to make a New Jersey motion to the New Jersey Trial Court. To order a transcript, contact the county supervisor of Court reporters, the New Jersey Trial Court clerk or agency regarding the details of ordering the New Jersey Trial Court transcript, such as its estimated cost and the amount you must forward as a deposit for the New Jersey Trial Court transcript’s preparation. If the New Jersey Court Appealing party fails to timely order the New Jersey Trial Court transcript, they may face penalties. If the New Jersey Trial Court party filing the New Jersey Court Appeal already has a copy of the New Jersey Trial Court transcript that is the subject of the New Jersey Court Appeal, they do not have to order another copy. Instead, the New Jersey Court Appealing party must certify on their Notice of Appeal that they have a copy of the New Jersey Trial Court transcript. A form for ordering The New Jersey Court Appeal transcripts is normally available in the New Jersey Court Appeal appendix of the New Jersey Trial Court Rules and normally appears on the New Jersey Trial Courts’ website. The standard The New Jersey Court Appeal transcript request form seeks the following information about The New Jersey Court Appeals:

• the caption or title of the New Jersey case as it appears on the New Jersey Court Appeal papers from the New Jersey Trial Court from which you are Appealing.
• the New Jersey Trial Court docket number.
• if a municipal The New Jersey Court Appeal, enter the New Jersey Trial Court docket number.
• the county and the name of the New Jersey Trial Court from which you are Appealing.
• your name, address, including any email address and daytime phone number.
• if a Court reporter was present in Court transcribing the proceedings, the name and address of the New Jersey Trial Court reporter.
• if the proceedings were sound recorded, the name and address of the New Jersey Trial Court clerk of the New Jersey trial judge.
• if you do not know the name of the New Jersey Trial Court reporter, call the county Courthouse and ask to be connected to the office of the supervisor of Court reporters for that county and include that information on the New Jersey Trial Court transcript request.
• if you do not know the name of the New Jersey Trial Court clerk, call the New Jersey trial judge's chambers and ask for that and their mailing address and include that information on the New Jersey Trial Court transcript request.
• Since the New Jersey Trial Court transcript is being requested to file the New Jersey Court Appeal, indicate that use.
• the number of copies you are asking to be produced (the minimum number you can request is the original and 1 copy).
• the date(s) of the proceeding(s) you are ordering.
• the type of proceeding(s) (for example, trial, sentencing, motion, etc.).
• the New Jersey trial judge’s name who heard each proceeding.
• the amount of the deposit.

The original of the New Jersey Trial Court transcript request and a check for the deposit are sent to the New Jersey Trial Court reporter or, in the New Jersey case of a proceeding that was sound recorded, to the New Jersey Trial Court clerk of the New Jersey trial judge. Be sure to keep a complete copy of the New Jersey Trial Court transcript for your records.

The New Jersey Trial Court is the New Jersey Trial Court that initially decides a case and The New Jersey Court Appeals are normally taken from such decisions. For purposes of this article, the term “trial Court” shall refer to the New Jersey Trial Court trial Court that decides your case in whole or part by entering a New Jersey Trial Court judgment, order or decision that a New Jersey party seeks to appeal. Generally, the New Jersey Court Appeals can only be taken from New Jersey Trial Court final judgments or New Jersey Trial Court orders that resolve all issues in a New Jersey Trial Court case. To appeal a New Jersey Trial Court final judgment that resolves all issues in the New Jersey case, you must act within a specific time frame by filing The New Jersey Court Appeal papers with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division – in most cases within 45 days from the date of judgment or final order and pay a nonrefundable fee to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division – The New Jersey Court Appeals are not heard by the New Jersey Trial Court and you should not try to file an appeal from a New Jersey Trial Court decision, judgment or order with the New Jersey Trial Court or with the your county Courthouse! If you miss the 45 day deadline for a reason acceptable to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division, you may get the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division to allow you to file after the 45 day deadline expires by filing a New Jersey motion with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division.

HOW DO I FILE THE NEW JERSEY NOTICE OF APPEAL AND NEW JERSEY APPELLATE CIVIL CASE INFORMATION STATEMENT?
The New Jersey Court Appeal from a New Jersey Trial Court final judgment, order or decision is taken by serving a copy of a New Jersey Notice of Appeal and the request for transcript upon all other parties who appeared in the action and by filing the original notice of appeal (with a copy of any transcript request form) with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division and forwarding a copy of the New Jersey Notice of Appeal and the New Jersey Trial Court transcript request to the New Jersey Trial Court from which the New Jersey Court Appeal is taken. The New Jersey Notice of Appeal filed with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division must have a New Jersey Appellate Civil Case Information Statement in the form required by the New Jersey Appellate Court Rules attached to the New Jersey Notice of Appeal. If you are filing a New Jersey motion for leave to appeal an interlocutory order or to proceed as an indigent (for a waiver of filing fees) read the appropriate section below about notices of appeal in those situations. NOTE: BEFORE YOU ACTUALLY FILE YOUR APPEAL, YOU MAY HAVE TO ORDER A TRANSCRIPT – SEE THE INSTRUCTIONS ABOVE ABOUT ORDERING TRANSCRIPTS.

HOW DO I SERVE THE NEW JERSEY NOTICE OF APPEAL AND NEW JERSEY APPELLATE CIVIL CASE INFORMATION STATEMENT?
In addition to the filing of the New Jersey Notice of Appeal, the New Jersey Court Appeal appellant mails a copy of the notice with a copy of the New Jersey Appellate Civil Case Information Statement attached, by ordinary mail to the New Jersey trial judge who decided the New Jersey case in the New Jersey Trial Court. Within 15 days thereafter, the New Jersey trial judge may file and mail to the parties an amplification of a prior statement, opinion or memorandum made either in writing or orally and recorded pursuant to the New Jersey Trial Court Rules. If there is no such prior statement, opinion or memorandum, the New Jersey trial judge, agency or officer shall, within such time, file with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk’s Office and mail to the parties a written opinion stating findings of fact and conclusions of law.

WHAT INFORMATION DO I INCLUDE IN THE NEW JERSEY NOTICE OF APPEAL?
Since every New Jersey Court Appeal is unique, it is impossible to explain everything that has to be included in a particular New Jersey Notice of Appeal. However, there are some things to remember when composing New Jersey notices of The New Jersey Court Appeal to be filed with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division. The New Jersey Notice of Appeal to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division may be in the form prescribed by the New Jersey Trial Courts and forms are often made available on the New Jersey Trial Court website. In The New Jersey Court Appeals, the New Jersey Notice of Appeal to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division must:
• State the name and address of the New Jersey Trial Court party taking the New Jersey Court Appeal
• State the name and address of your appellate attorney, if any
• State the names of all other parties to the action and to the New Jersey Court Appeal
• State the New Jersey Trial Court judgment, decision, action or rule, or part thereof appealed from, the name of the New Jersey Trial Judge who sat below and the name of the New Jersey Trial Court, from which and to which the New Jersey Court Appeal is taken.
• certify service of a copy of the New Jersey Notice of Appeal on all parties, the Attorney General if necessary and the New Jersey trial judge, agency or officer.
• certify payment of filing fees required by New Jersey Statute Annotated 22A:2.
• certify compliance with New Jersey Trial Court Rule 2:5-1(f)(2)(filing of a New Jersey Appellate Civil Case Information Statement) and include a New Jersey Appellate Civil Case Information Statement in the form required by the New Jersey Appellate Court Rules attached to the notice.
• In all actions where a verbatim record of the proceedings was taken, certify compliance with New Jersey Trial Court Rule 2:5-3(a) (request for transcript) and New Jersey Trial Court Rule 2:5-3(d) (deposit for transcript) or include a certification stating the reasons for exemption from compliance. Certifications of compliance shall specify from whom the New Jersey Trial Court transcript was ordered, the date ordered, and the fact of deposit, affixing a copy of the actual request for the New Jersey Trial Court transcript to the New Jersey Notice of Appeal.

WHAT INFORMATION DO I INCLUDE IN THE NEW JERSEY APPELLATE CIVIL CASE INFORMATION STATEMENT?
Since every New Jersey Court Appeal is unique, it is impossible to explain everything that has to be included in a particular New Jersey Appellate Civil Case Information Statement. However, there are some things to remember when composing New Jersey Appellate Civil Case Information Statements to be filed with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division. The New Jersey Appellate Civil Case Information Statement must be in the form required by the New Jersey Appellate Court Rules. The New Jersey appellant's New Jersey Appellate Civil Case Information Statement shall have attached to it a copy of the New Jersey Trial Court final judgment, order or decision appealed from except New Jersey Trial Court final judgments entered by the clerk on a jury verdict. If there is any change with respect to any entry on the New Jersey Appellate Civil Case Information Statement, appellant must file an amended New Jersey Appellate Civil Case Information Statement on the prescribed form. Failure to comply with the requirement for filing a New Jersey Appellate Civil Case Information Statement or any deficiencies in the completion of this statement could result in penalties, including rejection of the New Jersey Notice of Appeal or on application of any party or on the New Jersey Trial Court's own motion, dismissal of the New Jersey Court Appeal.

WHAT IF MY THE NEW JERSEY COURT APPEAL CONCERNS WHETHER A FEDERAL, STATE, OR LOCAL ENACTMENT IS VALID?
The New Jersey Trial Court party raising the issue on the New Jersey Court Appeal serves notice of the New Jersey Court Appeal on the appropriate official as provided by New Jersey Trial Court Rule 4:28-4 unless he or she is a New Jersey party to the New Jersey Court Appeal or has received notice of the action in the New Jersey Trial Court below. The notice must specify the provision of the enactment being challenged and the notice must be mailed within five days after the filing of the New Jersey Notice of Appeal.

HOW MANY COPIES OF THE NEW JERSEY COURT APPEAL BRIEF, the NEW JERSEY COURT APPEAL APPENDIX AND TRANSCRIPT DO I FILE AND SERVE IN THE NEW JERSEY COURT APPEALS COURT, ALSO KNOWN AS THE NEW JERSEY APPELLATE DIVISION?
• 2 copies of the New Jersey Court Appeal brief and The New Jersey Court Appeal appendix shall be served on each party to the New Jersey Court Appeal
• 1 copy of the New Jersey Trial Court transcript shall be served on any one respondent for the use of all respondents.
• Proof of such service shall be filed simultaneously with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk’s Office as required by New Jersey Trial Court Rule 1:5-3.
• 5 copies of each brief and The New Jersey Court Appeal appendix are filed with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk’s Office.
• 3 copies of the New Jersey Trial Court transcript are filed with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk’s Office (in addition to the copy filed by the New Jersey Trial Court reporter supervisor, clerk or agency). If the original and copy of the New Jersey Trial Court transcript were filed with the clerk of the New Jersey Trial Court from which the New Jersey Court Appeal is taken prior to the filing of the New Jersey Notice of Appeal, the New Jersey Court Appeal appellant shall, within 10 days after all briefs of all parties have been filed, request the clerk of the New Jersey Trial Court from which the New Jersey Court Appeal is taken to immediately transmit the filed copy to the clerk of the New Jersey Trial Court to which the New Jersey Court Appeal is taken.

WHAT IF SOMEONE ELSE IS APPEALING A NEW JERSEY TRIAL COURT JUDGMENT, COURT ORDER OR COURT DECISION IN A NEW JERSEY TRIAL COURT CASE IN WHICH I AM INVOLVED AND I AM SERVED WITH A NEW JERSEY NOTICE OF APPEAL – DO I HAVE TO TAKE ACTION?
If you are a respondent in the New Jersey Court Appeal, within 15 days after service of the New Jersey Notice of Appeal upon you (or your attorney, if you are represented) you must file a Case Information Statement in the form required by the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Court Rules. You must also follow the deadlines for submitting the New Jersey Court Appeal appendix and the New Jersey Court Appeal brief and if you want the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Court to consider your position on the New Jersey Court Appeal, file briefs on time with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk’s Office. If a respondent is not satisfied with the contents of a New Jersey the New Jersey appellant’s The New Jersey Court Appeal appendix, the New Jersey Court Appeal respondent should seriously consider preparing and filing their own The New Jersey Court Appeal appendix, such as where they wish to present to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division The New Jersey Court Appeal documents from the record made in the New Jersey Trial Court trial Court but which the New Jersey Court Appeal appellant failed to include in its appendix.

WHAT IF I WANT TO APPEAL A NEW JERSEY TRIAL COURT DECISION THAT IS NOT FINAL AS TO ALL ISSUES AND PARTIES IN A CASE (INTERLOCUTORY THE NEW JERSEY COURT APPEALS)?
Many New Jersey Trial Court decisions fail to decide all issues in a case as to all parties and thus, are not generally considered New Jersey Trial Court “final” judgments or orders. If you do not have a New Jersey Trial Court final judgment or order, you do not likely have standing to take the New Jersey Court Appeal and you usually must take further steps, such as filing a New Jersey motion, to perfect your The New Jersey Court Appeal. The 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 Trial Court interlocutory appeals generally require the New Jersey Trial Court party taking the New Jersey Court Appeal to file a New Jersey motion with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division asking it to permit the New Jersey Trial Court party appealing to appeal the decision. Certain motions must be made within 20 days of the service of the New Jersey Trial Court Judgment, Court order or Court decision. Motion practice in the New Jersey Court Appeals Court, also known as 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 New Jersey Trial Court asking it to “certify” the New Jersey Trial 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, Court order or 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 the New Jersey Court Appeal in normal fashion without having to file a New Jersey motion with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division for it to consider whether to accept an interlocutory The New Jersey Court Appeal.

WHAT IF I WANT TO APPEAL A NEW JERSEY TRIAL COURT DECISION BUT I AM NOT SURE WHETHER IT IS FINAL AS TO ALL ISSUES AND PARTIES IN A NEW JERSEY TRIAL COURT CASE?
It is often quite difficult to determine whether a particular New Jersey Trial Court Judgment, Court order or Court decision is final or interlocutory. In fact, it is not unusual for attorneys and even judges to incorrectly decide that a particular New Jersey Trial Court Judgment, Court order or Court decision is final when in fact it is not! If you are taking the New Jersey Court Appeal and are unsure if the New Jersey Trial Court Judgment, Court order or Court decision is in fact final, you could file with the New Jersey Court Appeals Court, also known as 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 Court Appeals Court, also known as the New Jersey Appellate Division, which differ from the deadlines for filing The New Jersey Court Appeals from final judgments, orders or decisions.

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 the New Jersey Court 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.

DO I HAVE TO FILE A NEW JERSEY NOTICE OF APPEAL IF THE NEW JERSEY TRIAL COURT GRANTS MY MOTION TO TAKE AN INTERLOCUTORY THE NEW JERSEY COURT APPEAL OR TO PROCEED AS AN INDIGENT?
An order of the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division granting an interlocutory The New Jersey Court Appeal or on the New Jersey Court Appeal by an indigent, waiving the payment of filing fees and the deposit for costs shall serve as the New Jersey Notice of Appeal if no Notice of Appeal has been filed and except as otherwise provided by the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Court Rules (such as Rule 2:7-1), the date of the order is deemed to be the date of the filing of the New Jersey Notice of Appeal for purposes of The New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Court Rules. However, within 10 days of the entry of such order, the New Jersey Court Appeal appellant must file and serve the prescribed Appellate Division Case Information Statement in accordance with the New Jersey Appellate Court Rules. Upon the entry of such order, the New Jersey Court Appeal shall be deemed pending and the New Jersey Court Appeal appellant, or the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk’s Office ( if the New Jersey Court Appeal appellant appears pro se) shall immediately so notify all parties or their attorneys; the clerk of the New Jersey Trial Court or state administrative agency or officer from which the New Jersey Court Appeal is taken; the New Jersey trial judge if the New Jersey Court Appeal is from a judgment or order of a Court sitting without a jury or if in an action tried with a jury and the New Jersey Court Appeal is from an order granting or denying a new trial or a New Jersey motion for judgment notwithstanding the verdict. The New Jersey trial judge shall file an opinion or may supplement a filed opinion as provided by the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Court Rules.

IF SOMEONE FILES THE NEW JERSEY COURT APPEAL, DOES THAT FILING AUTOMATICALLY SUSPEND OR TEMPORARILY STOP THE NEW JERSEY TRIAL COURT TRIAL COURT’S JUDGMENT, ORDER OR DECISION (STAY PENDING THE NEW JERSEY COURT APPEAL)?
The filing of the New Jersey Court Appeal and the filing of a New Jersey motion for leave to appeal does not automatically suspend, or stop (stay) the New Jersey Trial Court Judgment, Court order or Court decision being The New Jersey Court Appealed. As a general rule, the New Jersey Court Appealing party’s obligation to perform under the New Jersey Trial Court order, judgment or decision appealed from is not automatically stayed by the filing of the New Jersey Court Appeal. If, however, the New Jersey Trial Court Judgment, Court order or Court decision is not stayed and is partially satisfied by execution pending The New Jersey Court Appeal, restitution may be necessary, such as if the New Jersey Trial Court judgment is thereafter reversed (even where the New Jersey Trial Court party filing the New Jersey Court Appeal never filed a supersedeas bond nor made a cash deposit). To secure a stay of the New Jersey Trial Court trial Court’s judgment, order or decision, the New Jersey Trial Court party taking the New Jersey Court Appeal may have to file a New Jersey motion with the New Jersey Trial Court asking it to stay the New Jersey Trial Court Judgment, Court order or Court decision. Even if the New Jersey Trial Court decides to enter a stay pending the New Jersey Court Appeal, before permitting a stay, the New Jersey Trial Court may decide to require security for the New Jersey Trial Court Judgment, Court order or Court decision, such as the New Jersey Court Appeal of a judgment or order for payment of a sum of money or which adjudicates rights and liabilities in respect of property, the stay must be supported by a bond or cash deposit unless the New Jersey Trial Court otherwise orders for good cause shown. A bond or deposit may also be required as a condition for staying other types of New Jersey Trial Court decisions, judgments or orders. If the motion for a stay is made before the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division schedules the New Jersey Court Appeal for oral argument, the applications for the stay is most often made to the New Jersey Trial Court trial Court instead of the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division.

WHAT IF I FACE AN EMERGENCY RELATED TO MY THE NEW JERSEY COURT APPEAL OR I MUST IMMEDIATELY SUSPEND OR TEMPORARILY STOP ENFORCEMENT OF A NEW JERSEY TRIAL COURT’S JUDGMENT, ORDER OR DECISION?
If you have an emergency concerning your The New Jersey Court Appeal or you must seek to immediately suspend or temporarily stop enforcement of a New Jersey Trial Court trial Court’s judgment, order or decision, you may want to make a New Jersey motion for emergency relief (“emergent relief”). Those seeking emergent relief should contact the Superior Court Clerk's Office where the New Jersey Trial Court trial Court sits to find out the particular judge handling emergent requests for that Court. If the New Jersey Trial Court denies the motion and the New Jersey Trial Court party seeking relief believes that the motion was improperly denied, the New Jersey Trial Court party should file a New Jersey motion for emergent relief with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk’s Office.

WHAT IF MY CORPORATION OR COMPANY WANTS TO TAKE THE NEW JERSEY COURT APPEAL?
If you are a shareholder in a corporation or company, the corporation or company is generally not permitted to file its own The New Jersey Court Appeal papers with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division unless they are represented by a New Jersey attorney. There may be exceptions to these rules but corporations or companies trying to file the New Jersey Court Appeal when unrepresented by an attorney should first consult with a licensed New Jersey attorney familiar with The New Jersey Court Appeals.

WHAT IF I DON’T HAVE ENOUGH MONEY TO PAY THE FILING FEES FOR THE NEW JERSEY COURT APPEAL?
If you had indigent status in the New Jersey Trial Court (meaning that you could not pay your filing fees) and if you submit a copy of the order providing you that status and an affidavit stating your status has not changed since the entry of the order, the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division may permit you to continue as an indigent for the New Jersey Court Appeal. If you are seeking indigent status for the first time during the filing of your The New Jersey Court Appeal, you shall have to file a New Jersey motion with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division asking for indigent status. Indigent status might only relieve you from paying filing fees – if you are taking the New Jersey Court Appeal, you may still have to pay for the New Jersey Trial Court transcript of the hearing or trial that is being The New Jersey Court Appealed.

WILL THE NEW JERSEY TRIAL COURT APPOINT AN ATTORNEY TO REPRESENT ME IN MY THE NEW JERSEY COURT APPEAL?
It is uncommon for the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division to appoint attorneys free of charge to represent parties involved in The New Jersey Court Appeals

WHAT IS THE DEPOSIT FOR THE COSTS OF THE NEW JERSEY COURT APPEAL?
In most The New Jersey Court Appeals, in addition to filing fees, the New Jersey Trial Court party taking the New Jersey Court Appeal must deposit a sum of money with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division for the “costs” of the New Jersey Court Appeal. The sum must be deposited within 30 days of the New Jersey Court Appeal’s filing. There are exceptions to this rule and you should consult with a licensed New Jersey attorney familiar with The New Jersey Court Appeals to learn more about such exceptions.

WHAT IF I NEED MORE TIME TO PREPARE AND FILE MY THE NEW JERSEY COURT APPEAL BRIEF?
If you get your opponent’s consent, the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk’s Office normally provides one 30 day extension. To get the extension, you must submit to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk’s Office a letter stating your reason for the request and explaining that your opponent does not object. The New Jersey Trial Court party seeking the adjournment must send a copy of that letter to their opponent. Additional extensions may be granted if a formal motion is made to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division.

WHAT IS THE “RECORD” IN THE NEW JERSEY COURT APPEAL”?
The record on The New Jersey Court Appeal consists of all The New Jersey Court Appeal papers on file in the New Jersey Trial Court or Courts or agencies below, with all entries as to matters made on the records of such Courts and agencies, the stenographic transcript or statement of the proceedings therein, and all The New Jersey Court Appeal papers filed with or entries made on the records of the appellate Court. Certain portions of the record must be included in the New Jersey Court Appeal appendix filed by the New Jersey Court Appeal appellant. The clerk of the New Jersey Trial Court or the clerk of the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division (if the original transcript is on file there) shall on request deliver the original transcript to the New Jersey Court Appeal appellant in exchange for a copy. The remainder of the record shall be retained by the clerk except that the attorney for any party may be permitted to make use of any portion of the record in the office of the clerk and remove the original from that office, provided a copy thereof remains on file. The failure to return such record may constitute contempt of Court. On the request of a New Jersey party or of a judge of the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division, the clerk of the New Jersey Trial Court or Courts below from which the New Jersey Court Appeal is taken shall deliver to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk’s Office for use by counsel at the argument or for the personal inspection by the New Jersey Appellate Court judges such portions of the records as they designate.

WHAT IS INCLUDED IN THE NEW JERSEY COURT APPEALS COURT, ALSO KNOWN AS THE NEW JERSEY APPELLATE DIVISION APPENDIX AND HOW IS IT PREPARED?
Since every New Jersey Court Appeal is unique, it is impossible to explain everything that has to be included in an appendix for a particular The New Jersey Court Appeal. Whenever possible counsel shall agree upon a joint appendix, which shall be bound separately and if the parties agree to a joint appendix, they shall share the cost between themselves. The following is a partial list of what to include and how to prepare an appendix:
• the complete pretrial order, if any, and the pleadings
• the New Jersey Trial Court judgment, order or determination The New Jersey Court Appealed from or sought to be reviewed or enforced, including the jury verdict sheet, if any
• the New Jersey trial judge's charge to the jury, if at issue, and any opinions or statement of findings and conclusions
• the statement of proceedings in lieu of record made pursuant to New Jersey Trial Court Rule 2:5-3(f)
• the notice or notices of The New Jersey Court Appeal
• the New Jersey Trial Court transcript delivery certification prescribed by New Jersey Trial Court Rule 2:5-3(e)
• any unpublished opinions cited pursuant to The New Jersey Court Appeals Court Rule 1:36-3
• such other parts of the record, excluding the stenographic transcript, as are essential to the proper consideration of the issues, including such parts as the New Jersey Court Appeal appellant should reasonably assume will be relied upon by the New Jersey Court Appeal respondent in meeting the issues raised.
• If the New Jersey Court Appeal is from a summary judgment, the New Jersey Court Appeal appendix shall also include a statement of all items submitted to the New Jersey Court Appeals Court on the summary judgment motion and all such items shall be included in the New Jersey Court Appeal appendix
• The New Jersey Court Appeal briefs in support of and opposition to motions shall be included only if the New Jersey Court Appeal brief is referred to in the decision of the New Jersey Trial Court or agency or the question of whether an issue was raised in the New Jersey Trial Court is germane to the New Jersey Court Appeal, in which event only the material pertinent to that issue shall be included.
• A document that is included in the New Jersey appellant’s The New Jersey Court Appeal appendix shall not also be included in respondent’s The New Jersey Court Appeal appendix unless the New Jersey appellant’s The New Jersey Court Appeal appendix includes only a portion of the document and the complete document is required for a full understanding of the issues presented.
• If the same document has been annexed to more than one pleading or motion filed in the New Jersey Trial Court, the document shall be reproduced in the New Jersey Court Appeal appendix only with the first such pleading or motion and shall be referred to thereafter only by notation to the New Jersey Court Appeal appendix page on which it appears.
• The New Jersey Court Appeal documents included in the New Jersey Court Appeal appendix shall be abridged by omitting all irrelevant or formal portions, with asterisks being used to indicate omissions.
• The filing date of each included paper shall be stated at the head of the copy as well as its subject matter (e.g., Pretrial Order, Notice of Appeal).
• Each page shall be numbered consecutively followed by the letter "a" to indicate the New Jersey Court Appeal appendix (e.g., 1a, 2a, etc.).
• The New Jersey Court Appeal appendix may be bound with the New Jersey Court Appeal brief or separately, into volumes containing no more than 200 sheets each. If bound with the New Jersey Court Appeal brief, it shall follow the New Jersey Court Appeal brief, but there shall be a single table of contents of the New Jersey Court Appeal brief and The New Jersey Court Appeal appendix. If bound separately it shall be prefaced with a table of contents. The table of contents shall indicate the initial page of
each document, exhibit or other paper included, and the pages of the stenographic record at which each exhibit was marked for identification and was offered into evidence.
• Attachments to a document by way of affidavits, exhibits or otherwise shall each be separately identified in the table of contents and the initial page of each such attachment noted therein.
• If there are multiple volumes of the New Jersey Court Appeal appendix, each volume shall contain a full table of contents and shall specify on its cover the New Jersey Court Appeal appendix pages included therein.

WHAT IF THERE ARE FACTS, the NEW JERSEY COURT APPEAL DOCUMENTS OR EVIDENCE THAT I NEED TO REFER TO IN MY THE NEW JERSEY COURT APPEAL BRIEF OR THAT I NEED TO INCLUDE IN MY APPENDIX BUT THAT WERE NEVER PRESENTED TO OR FILED WITH THE NEW JERSEY TRIAL COURT?
Parties involved in the New Jersey Court Appeal are generally required to only discuss facts, the New Jersey Court Appeal documents or evidence appearing in the New Jersey Trial Court’s record of the New Jersey case. Parties who attempt to present facts or evidence or The New Jersey Court Appeal documents to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division that were never submitted to the New Jersey Trial Court prior to the New Jersey Court Appeal could face severe penalties. If you want to discuss such facts, the New Jersey Court Appeal documents or evidence, you shall likely need to file a New Jersey motion either with the New Jersey Trial Court and/or with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division, such as a New Jersey motion to expand the record. In some cases, it may be necessary to make a New Jersey motion seeking to return the matter to the New Jersey Trial Court and to require it to make further evidentiary findings.

A New Jersey party to the New Jersey Court Appeal who questions whether the record fully and truly discloses what occurred in the New Jersey Trial Court or agency below shall, except as otherwise provided by the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Court Rules, make a New Jersey motion to the New Jersey Trial Court or agency to settle the record. Thereafter, if the New Jersey Court Appeal appellant is denied and makes a similar motion to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Court which may order a correction of the record or direct the New Jersey Trial Court or agency to do so. The making of such a New Jersey motion tolls the time for serving and filing the next brief due but the remaining time shall again begin to run from the date of entry of an order disposing of such a New Jersey motion. If the proceedings were sound or video recorded, a New Jersey party, prior to moving for an order settling the record, may, on notice to all other parties, request the clerk of the New Jersey Trial Court in which the New Jersey Court Appeal is pending to review the tape thereof to determine whether a particular portion of the New Jersey Trial Court transcript accurately transcribed what was said by a participant. The clerk shall notify all parties of the determination, requesting that any objection be submitted in writing within ten days of the notification. If no timely written objection is received, the New Jersey Trial Court transcript shall be deemed so corrected and a copy of the notification shall be filed. If a New Jersey party timely objects in writing, that party shall move for correction of the New Jersey Trial Court transcript in the New Jersey Trial Court or agency from which the New Jersey Court Appeal is taken; however, if the New Jersey Court Appeal has already been calendared, the motion shall be made to the New Jersey Trial Court in which the New Jersey Court Appeal is pending.

IF I AM RESPONDING TO THE NEW JERSEY COURT APPEAL IN THE NEW JERSEY COURT APPEALS COURT, ALSO KNOWN AS THE NEW JERSEY APPELLATE DIVISION, DO I HAVE TO PREPARE MY OWN APPENDIX?
If a respondent is not satisfied with the contents of a New Jersey the New Jersey appellant’s The New Jersey Court Appeal appendix, the New Jersey Court Appeal respondent should seriously consider preparing and filing their own appendix, such as where they wish to present to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division The New Jersey Court Appeal documents from the record made in the New Jersey Trial Court but which the New Jersey Court Appeal appellant failed to include in its appendix.

WHAT IF A NEW CASE OR LAW IS DECIDED AFTER I FILE MY APPELLATE BRIEF AND ANY REPLY BRIEF ALLOWED BY THE NEW JERSEY COURT APPEALS COURT, ALSO KNOWN AS THE NEW JERSEY APPELLATE DIVISION COURT RULES AND THE NEW CASE COULD AFFECT MY THE NEW JERSEY COURT APPEAL AND I NEED TO ADVISE THE NEW JERSEY COURT APPEALS COURT, ALSO KNOWN AS THE NEW JERSEY APPELLATE DIVISION ABOUT THAT NEW CASE OR LAW?
Normally, parties involved in the New Jersey Court Appeal are not allowed to submit more briefs beyond what is specifically allowed by the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Court Rules. However, if a new case or law is decided while the New Jersey Court Appeal is waiting to be heard and after a New Jersey party affected by the new case or law has filed all The New Jersey Court Appeal papers with the New Jersey Trial Court that the rules permit, the New Jersey Trial Court party may serve on all other parties and file with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk’s Office a letter advising the New Jersey Trial Court of the new case or law. Within 5 days of receiving that letter, any other party may serve on all opponents and file with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division’s Clerk’s Office a letter responding to the first letter.

WHAT IS THE CIVIL APPEALS SETTLEMENT PROGRAM?
The Civil Appeals Settlement Program (CASP) is a New Jersey Appellate Division program that tries to identify The New Jersey Court Appeals which might be settled before being decided by the New Jersey Appellate Division. Also, through the Civil Appeals Settlement Program, complex The New Jersey Court Appeals may undergo conferences before the New Jersey Appellate Division oral argument is performed and/or before the New Jersey Court 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 Court Appeal start to prepare their The New Jersey Court 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 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.

DOES THE NEW JERSEY COURT APPEALS COURT, ALSO KNOWN AS THE NEW JERSEY APPELLATE DIVISION AUTOMATICALLY SCHEDULE THE NEW JERSEY COURT APPEALS TO BE ARGUED ORALLY?
No. However, any party involved in the New Jersey Court Appeal may request oral argument by filing a New Jersey request for oral argument within a specific time frame. This is done by filing with the New Jersey Court Appeals Court, also known as 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 oral argument. Parties involved in The New Jersey Court Appeals that are to be orally argued need to advise the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk’s Office of any dates on which the parties are unavailable by sending the Clerk a letter and forwarding a copy of that letter to all of the New Jersey Trial Court party’s opponents.

DOES THE NEW JERSEY COURT APPEALS COURT, ALSO KNOWN AS THE NEW JERSEY APPELLATE DIVISION AUTOMATICALLY SCHEDULE MOTIONS TO BE ARGUED ORALLY?
No. Appellate Division motions are normally decided “on the New Jersey Court Appeal papers” which means based on the New Jersey Court Appeal papers submitted to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division by the parties and without any argument by the parties or their attorneys. Parties seeking oral argument on Appellate Division motions must include a New Jersey request for oral argument in their motion The New Jersey Court Appeal The New Jersey Court Appeal papers. However, merely making the request in the motion The New Jersey Court Appeal The New Jersey Court Appeal papers does not assure that the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division will grant the request, since the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division rarely allows oral argument on motions that it hears.

WHAT IF, AFTER FILING A NEW JERSEY NOTICE OF APPEAL, I DECIDE THAT I WANT TO ABANDON OR DROP MY THE NEW JERSEY COURT APPEAL?
A New Jersey party taking the New Jersey Court Appeal may withdraw or dismiss its The New Jersey Court Appeal, without the consent of the New Jersey Trial Court party’s opponents, at any time before the first brief is filed. This is done by forwarding a letter to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk’s Office advising the New Jersey Trial Court of this decision, by forwarding copies of the letter on the New Jersey Trial Court party’s adversaries and by filing a proof of service of the letter with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk’s Office. After the first brief is filed in the New Jersey Court Appeal, all parties involved in the New Jersey Court Appeal (or their attorneys) must sign a stipulation of dismissal and that signed stipulation must be filed with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk’s Office.

WHAT ARE SOME MISTAKES IN THE FORMAT OF THE NEW JERSEY COURT APPEAL PAPERS FILED IN THE NEW JERSEY COURT APPEALS COURT, ALSO KNOWN AS THE NEW JERSEY APPELLATE DIVISION?
• Submitting handwritten The New Jersey Court Appeal briefs.
• Submitting the New Jersey Court Appeal appendix and The New Jersey Court Appeal exhibits that are difficult to read.
• Failing to include The New Jersey Court Appeal covers on The New Jersey Court Appeal briefs and appendices of the proper material.
• Failing to fasten The New Jersey Court Appeal papers properly to prevent loss of pages.
• Failing to include the name, address and telephone numbers on The New Jersey Court Appeal The New Jersey Court Appeal papers submitted to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division
• Submitting The New Jersey Court Appeal briefs that exceed The New Jersey Court Appeal page limits.

CONTENTS & FORMAT CHECKLIST FOR THE NEW JERSEY COURT APPEAL BRIEFS & APPENDICIES FILED IN THE NEW JERSEY COURT APPEALS COURT, ALSO KNOWN AS THE NEW JERSEY APPELLATE DIVISION
• Type the New Jersey Court Appeal brief on 8 1/2" x 11" paper and use the proper typefont (12 point courier) and margins (1 inch) and each page may contain no more than 26 double
spaced lines of no more than 65 characters, including spaces.
• Make sure the New Jersey Court Appeal brief and all The New Jersey Court Appeal documents included in the New Jersey Court Appeal appendix are able to be read
• Use white The New Jersey Court Appeal covers for appellant's brief
• Use blue The New Jersey Court Appeal covers for party responding to the New Jersey Court Appeal's brief
• Use buff The New Jersey Court Appeal covers for The New Jersey Court Appeal reply brief.
• file five copies of your The New Jersey Court Appeal brief and The New Jersey Court Appeal appendix with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk's Office
• serve two copies of your The New Jersey Court Appeal brief and The New Jersey Court Appeal appendix with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk's Office
• file with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk's Office a proof of service of your service of the New Jersey Court Appeal brief
• If The New Jersey Court Appeal brief and The New Jersey Court Appeal appendix are bound together, the New Jersey Court Appeal brief and The New Jersey Court Appeal appendix share one table of contents
• If the New Jersey Court Appeal appendix is bound separately, the New Jersey Court Appeal brief and The New Jersey Court Appeal appendix have separate tables of contents.
• The New Jersey Court Appeal brief’s table of contents should include the point headings of and The New Jersey Court Appeal legal arguments contained in the New Jersey Court Appeal brief.
• The New Jersey Court Appeal appendix table of contents must indicate the first page of each document in the New Jersey Court Appeal appendix.
• the filing date of each document in the New Jersey Court Appeal appendix must be put at the head of the
• page where the document first appears.
• When putting The New Jersey Court Appeal documents into the New Jersey Court Appeal appendix, use The New Jersey Court Appeal documents that were actually filed or provided to the New Jersey Trial Court instead of drafts
• Include in the New Jersey Court Appeal appendix all the relevant The New Jersey Court Appeal documents necessary for the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division to decide the New Jersey Court Appeal, including the New Jersey Trial Court judgment, decision or order The New Jersey Court Appealed from and the New Jersey Trial Court’s opinion or statement of findings, if any, any pretrial order, the complaint, answers and a copy of the New Jersey Notice of Appeal. If the New Jersey Court Appeal concerns the denial or granting of a specific motion or motions, include the motion The New Jersey Court Appeal The New Jersey Court Appeal papers (but generally speaking, motion briefs submitted to the New Jersey Trial Courts are excluded from appendicies).
• If the New Jersey Trial Court delivered its opinion, findings or conclusions orally, submit the New Jersey Trial Court transcript of that hearing to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division. If that transcript is not being filed with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division separately from the New Jersey Court Appeal appendix, it should be included in the New Jersey Court Appeal appendix and clearly identified in the New Jersey Court Appeal appendix table of contents and the procedural history in the New Jersey Court Appeal brief.
• If the New Jersey Trial Court’s opinion was published as legal authority, provide the opinion’s citation to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division.
• If the exhibits are too large to include in the New Jersey Court Appeal appendix, the New Jersey Trial Court party preparing the New Jersey Court Appeal appendix may submit a letter to the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk's Office (and that party must also send a copy of the letter to their opponent), which identifies the exhibits and their approximate size and bulk. After receiving the letter, the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division will tell the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk’s Office to advise the New Jersey Trial Court party making the request if the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division needs to see these exhibits and if so, when and where to deliver them.
• Don’t include more than 200 in a single volume of the New Jersey Court Appeal appendix. If the New Jersey Court Appeal appendix and brief combined exceed this page limit, they must be bound separately.
• Appendix pages are numbered consecutively followed by the
letter "a" (e.g. 1a, 2a, etc.). If plaintiffs and defendants submit their own appendicies, it is advisable to number the pages of the different appendicies with “da” for defendants and “pa” for plaintiffs.
• Each party’s appellate briefs cannot exceed 65 pages
• Reply briefs cannot exceed 20 pages
• The New Jersey Court Appeal briefs of parties responding to the New Jersey Court Appeal/cross-appellant's brief filed pursuant to R. 2:6-2(d) cannot exceed 90 pages.
• The New Jersey Court Appeal brief of an appellant/crossparty responding to the New Jersey Court Appeal's brief pursuant to R. 2:6-4(e) cannot exceed 65 pages.
• The New Jersey Court Appeal brief must include a carefully drafted procedural history supported by citations to the appellate record and that does not include any legal arguments.
• The New Jersey Court Appeal brief must include a carefully drafted statement of facts supported by citations to the appellate record and that does not include any legal arguments. This statement should discuss the facts that the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division needs to decide the New Jersey Court Appeal.
• The New Jersey Court Appeal brief must include a legal argument section for each legal argument raised on the New Jersey Court Appeal. These sections should not overlap one another but instead, should be strictly limited to the point to which the section pertains. Normally, and The New Jersey Court Appeal legal argument sections of briefs include citations to cases, statutes, Court rules and other authorities that might support the New Jersey Trial Court party’s arguments. These citations should be in the format specifically required by the New Jersey Court Appeals Court rules.
• Avoid any references in the New Jersey Court Appeal brief to any fact or evidence never submitted as part of the New Jersey Trial Court’s record and that is not included in the New Jersey Court Appeal appendix.

CHECKLIST FOR NEW JERSEY APPELLATE MOTIONS FILED IN THE NEW JERSEY COURT APPEALS COURT, ALSO KNOWN AS THE NEW JERSEY APPELLATE DIVISION
• each document submitted to the New Jersey Court Appeals Court must contain the name, address and telephone numbers of the moving party
• each document submitted to the New Jersey Court Appeals Court must contain the New Jersey case caption
• The New Jersey Court Appeal documents submitted to the New Jersey Court Appeals Court should be dated and signed
• notice of motion specifically stating the relief being sought
• brief explaining the reasons for making the motion. The New Jersey Court Appeal brief shall not exceed 25 pages.
• white The New Jersey Court Appeal covers for movant's brief The New Jersey Court Appeal covers.
• blue The New Jersey Court Appeal covers for movant's brief The New Jersey Court Appeal covers.
• proof of service stating that two copies of the motion was served on the moving party’s opponent
• file the original and four copies of the entire motion package with the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division Clerk's Office.
• If the motion seeks additional time to file The New Jersey Court Appeal papers (such as a brief), state the date by which the moving party can file the New Jersey Court Appeal papers
• If the motion seeks additional time to file other The New Jersey Court Appeal papers (such as a brief), it is often best to begin preparing those The New Jersey Court Appeal papers so that if the motion is granted the moving party shall be able to meet the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division’s old deadline or if the motion is granted, the new deadline set by the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division
• If you want oral argument on your motion, include a New Jersey request for such argument in your motion The New Jersey Court Appeal The New Jersey Court Appeal papers

DEADLINES FOR FILING AND SERVING THE NEW JERSEY COURT APPEAL PAPERS IN THE NEW JERSEY COURT APPEALS COURT, ALSO KNOWN AS THE NEW JERSEY APPELLATE DIVISION
• within 10 days of the New Jersey Court Appealing party’s receiving the complete transcript, but no later than at the time of filing the New Jersey Court Appealing party's brief, the New Jersey Court Appealing party must provide one copy of the New Jersey Trial Court transcript to any one party responding to the New Jersey Court Appeal, to be shared by all the New Jersey Trial Court party responding to the New Jersey Court Appeals.
• the New Jersey Court Appealing party must serve and file a brief and The New Jersey Court Appeal appendix either: (1) within 45 days after the delivery of the New Jersey Trial Court transcript, if a verbatim record was made of the proceedings below; (2) if the New Jersey Trial Court transcript was delivered prior to the filing of the New Jersey Notice of Appeal or if no verbatim record was made of the proceedings below, within 45 days of the filing of the New Jersey Court Appeal; (3) on the New Jersey Court Appeal from a State administrative agency, within the above time frame or in 45 days after the Attorney General serves and files the statement of the items comprising the record on The New Jersey Court Appeal, whichever is later.
• A New Jersey party responding to the New Jersey Court Appeal shall serve and file a brief and The New Jersey Court Appeal appendix, if any, in 30 days after receiving the New Jersey Court Appealing party's brief and The New Jersey Court Appeal appendix.
• The New Jersey Court Appealing party may serve and file a reply brief within 10 days after receiving the
party responding to the New Jersey Court Appeal's brief.
• If there is a Cross Appeal before the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division in your case, the New Jersey Court Appeal briefing schedule is similar to that outlined above but the New Jersey Court Appealing party has 30 days to file a brief in response to the Cross Appeal and the New Jersey Trial Court party responding to the original The New Jersey Court Appeal has 10 days to file a reply.
• Regardless of the above deadlines, the New Jersey Court Appeals Court, also known as the New Jersey Appellate Division often sets different deadlines from those identified above. The New Jersey Court Appeals Court, also known as the New Jersey Appellate Division does this by entering a separate scheduling order. When it enters a scheduling order, the deadlines stated in that order control the parties’ deadlines. REMEMBER TO ALWAYS FIND OUT FROM THE NEW JERSEY COURT APPEALS COURT, ALSO KNOWN AS THE NEW JERSEY APPELLATE DIVISION CLERK’S OFFICE IF A SCHEDULING ORDER WAS ENTERED BY THAT CLERK AFTER THE NEW JERSEY COURT APPEAL WAS FILED!
New Jersey Court Appeal, New Jersey Appellate Division, New Jersey Appellate,
New Jersey Notice of Appeal, New Jersey Court Appeal appellant, New Jersey Trial Court, Civil Appeals Settlement Program

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