LAW OFFICE OF PAUL DEPETRIS
paul@newjerseylemon.com
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Filing New Jersey Court Appeal 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 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or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.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, deadlines and directions may change so check with the 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!

FILING A NEW JERSEY COURT APPEAL FAQs

WHAT IS A NEW JERSEY COURT APPEAL?
A New Jersey Court Appeal is the process by which a New Jersey party to a dispute 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 New Jersey plaintiff or New Jersey defendant that brings or files the New Jersey Court Appeal. The New Jersey plaintiff or New Jersey defendant that defends the New Jersey Court trial court’s decision is the New Jersey Court Appeal respondent. New Jersey Court Appeal respondents may file their own New Jersey Court Appeal, called a Cross Appeal.

HOW DO I TAKE A NEW JERSEY COURT APPEAL (GENERAL INFORMATION)?
To file a New Jersey Court Appeal, you must take a series of specific steps. If you disagree with the decision of a New Jersey Court such as a New Jersey Court judgment entered against you or your business at a New Jersey Court trial or the denial of a New Jersey motion to vacate a New Jersey Court default judgment, you may appeal the New Jersey case to a higher New Jersey court -- the New Jersey Appellate Division of the Superior Court. There are very strict New Jersey Court Appeal deadlines to file a New Jersey Court Appeal. New Jersey Court Appeals from orders or judgments that are not final are called “interlocutory appeals” and the procedure for such New Jersey Court Appeals is somewhat different than those for New Jersey Court Appeals from New Jersey Court final judgments or orders. To appeal a New Jersey 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 New Jersey Court Appeal documents with the New Jersey Appellate Division within 45 days from the date of the New Jersey Court final judgment, New Jersey Court final order or New Jersey Court final decision and pay a nonrefundable fee to the New Jersey Appellate Division – New Jersey Court Appeals and are not filed with the New Jersey Court or decided by the New Jersey Court and you should not try to file appellate papers with the New Jersey Court or at your New Jersey county courthouse! As part of your New Jersey Court Appeal, you usually must also prepare a written New Jersey 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 Court transcript is a written record of hearings held in New Jersey Court in a particular New Jersey Court case. After a New Jersey Notice of Appeal is filed, you must prepare and file other 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 New Jersey Court Appeal, you may have to file a New Jersey request for argument by a specific New Jersey Court Appeal deadline.

HOW DO I START A NEW JERSEY COURT APPEAL?
Most often, the first step to file a New Jersey Court appeal is to order one or more New Jersey Court transcripts, since you often have to provide proof that you ordered the New Jersey Court transcripts with your appellate papers. In some cases, there is no transcript made of the New Jersey Court trial court’s consideration of the New Jersey Court Judgment, New Jersey Court order or New Jersey Court decision because the New Jersey Court prepared a written memorandum/decision, order or judgment. However, in many cases, the New Jersey Court’s proceedings are transcribed or recorded and if this occurs, you must order a copy of the New Jersey Court transcript. It may be possible to have the New Jersey 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 Court. To order a transcript, contact the county supervisor of court reporters, the New Jersey court clerk or agency regarding the details of ordering the New Jersey Court transcript, such as its estimated cost and the amount you must forward as a deposit for the New Jersey Court transcript’s preparation. If a New Jersey Court Appealing party fails to timely order the New Jersey Court transcript, they may face penalties. If the New Jersey plaintiff or New Jersey defendant filing the New Jersey Court Appeal already has a copy of the New Jersey 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 Court transcript. A form for ordering New Jersey Court Appeal transcripts is normally available in the New Jersey Court Appeal appendix of the New Jersey Court Rules and normally appears on the New Jersey Courts’ website. The standard New Jersey Court Appeal transcript request form seeks the following information about New Jersey Court Appeals:

• the caption or title of the New Jersey case as it appears on the papers from the New Jersey Court from which you are Appealing.
• the New Jersey Court docket number.
• if a municipal New Jersey Court Appeal, enter the Law Division docket number.
• the county and the name of the New Jersey 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 court reporter.
• if the proceedings were sound recorded, the name and address of the New Jersey court clerk of the New Jersey Court trial judge.
• if you do not know the name of the New Jersey 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 court transcript request.
• if you do not know the name of the New Jersey court clerk, call the New Jersey Court trial judge's chambers and ask for that and their mailing address and include that information on the New Jersey court transcript request.
• Since the New Jersey Court transcript is being requested to file a 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 Court trial judge’s name who heard each proceeding.
• the amount of the deposit.

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

The New Jersey Trial Court is the New Jersey Court that initially decides a case and 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 Court trial court that decides your case in whole or part by entering a New Jersey Court judgment, order or decision that a New Jersey party seeks to appeal. Generally, New Jersey Court Appeals can only be taken from New Jersey Court final judgments or New Jersey Court orders that resolve all issues in a New Jersey Court case. To appeal a final judgment that resolves all issues in the New Jersey case, you must act within a specific time frame by filing papers with 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 Appellate Division – New Jersey Court Appeals are not heard by the New Jersey Court and you should not try to file an appeal from a New Jersey Court decision, judgment or order with the New Jersey Court or with the your county courthouse! If you miss the 45 day New Jersey Court Appeal deadline for a reason acceptable to the New Jersey Appellate Division, you may get the New Jersey Appellate Division to allow you to file after the 45 day New Jersey Court Appeal deadline expires by filing a New Jersey motion with the New Jersey Appellate Division.

HOW DO I FILE THE NEW JERSEY NOTICE OF APPEAL AND NEW JERSEY APPELLATE CIVIL CASE INFORMATION STATEMENT?
To file a New Jersey Court Appeal you must file a New Jersey Notice of Appeal. A New Jersey Court Appeal from a New Jersey 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 Appellate Division and forwarding a copy of the New Jersey Notice of Appeal and the New Jersey Court transcript request to the New Jersey court from which the New Jersey Court Appeal is taken. The New Jersey Notice of Appeal filed with the New Jersey Appellate Division must have a New Jersey Appellate 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 APPELLATE CIVIL CASE INFORMATION STATEMENT?
In addition to the filing of the New Jersey Notice of Appeal, to file a New Jersey Court Appeal the New Jersey Court Appeal appellant mails a copy of the notice with a copy of the Appellate Civil Case Information Statement attached, by ordinary mail to the New Jersey Court trial judge who decided the New Jersey case in the New Jersey Court. Within 15 days thereafter, the New Jersey Court trial judge may file and mail to the New Jersey plaintiffs or New Jersey defendants an amplification of a prior statement, opinion or memorandum made either in writing or orally and recorded pursuant to the New Jersey court Rules. If there is no such prior statement, opinion or memorandum, the New Jersey Court trial judge, agency or officer shall, within such time, file with the New Jersey Appellate Division Clerk’s Office and mail to the New Jersey plaintiffs or New Jersey defendants 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 New Jersey Court Appeal to be filed with the New Jersey Appellate Division. The New Jersey Notice of Appeal to the New Jersey Appellate Division may be in the form prescribed by the New Jersey Courts and forms are often made available on the New Jersey Court website. In New Jersey Court Appeals, the New Jersey Notice of Appeal to the New Jersey Appellate Division must:
• State the name and address of the New Jersey plaintiff or New Jersey defendant 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 Court judgment, decision, action or rule, or part thereof appealed from, the name of the New Jersey Court judge who sat below and the name of the New Jersey 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 Court trial judge, agency or officer.
• certify payment of filing fees required by New Jersey Statute Annotated 22A:2.
• certify compliance with New Jersey Court Rule 2:5-1(f)(2)(filing of a New Jersey Appellate Civil Case Information Statement) and include a New Jersey Appellate 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 Court Rule 2:5-3(a) (request for transcript) and New Jersey 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 Court transcript was ordered, the date ordered, and the fact of deposit, affixing a copy of the actual request for the New Jersey Court transcript to the New Jersey Notice of Appeal.

WHAT INFORMATION DO I INCLUDE IN THE NEW JERSEY APPELLATE 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 Division Case Information Statement. However, there are some things to remember when composing New Jersey Appellate Case Information Statements to be filed with the New Jersey Appellate Division. The New Jersey Appellate Division Case Information Statement must be in the form required by the New Jersey Appellate Court Rules. The New Jersey appellant's Case Information Statement shall have attached to it a copy of the New Jersey Court final judgment, order or decision appealed from except New Jersey 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 Case Information Statement on the prescribed form. Failure to comply with the requirement for filing a New Jersey Appellate 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 court's own motion, dismissal of the New Jersey Court Appeal.

WHAT IF MY NEW JERSEY COURT APPEAL CONCERNS WHETHER A FEDERAL, STATE, OR LOCAL ENACTMENT IS VALID?
The New Jersey plaintiff or New Jersey defendant raising the issue on a New Jersey Court Appeal serves notice of the New Jersey Court Appeal on the appropriate official as provided by New Jersey 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 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.

WHAT IS THE DEPOSIT FOR THE COSTS OF THE NEW JERSEY COURT APPEAL?
In most New Jersey Court Appeals, in addition to filing fees, the New Jersey plaintiff or New Jersey defendant taking the New Jersey Court Appeal must deposit a sum of money with 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 New Jersey Court Appeals to learn more about such exceptions.

WHAT IF I DON’T HAVE ENOUGH MONEY TO PAY THE FILING FEES FOR A NEW JERSEY COURT APPEAL?
If you had indigent status in the New Jersey 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 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 New Jersey Court Appeal, you shall have to file a New Jersey motion with 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 Court transcript of the hearing or trial that is being New Jersey Court Appealed.

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

WHAT IF I WANT TO APPEAL A NEW JERSEY COURT DECISION THAT IS NOT FINAL AS TO ALL ISSUES AND PARTIES IN A CASE (INTERLOCUTORY NEW JERSEY COURT APPEALS)?
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, 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 New Jersey plaintiff or New Jersey defendant taking the New Jersey Court Appeal to file a New Jersey motion with the New Jersey Appellate Division asking it to permit the New Jersey plaintiff or New Jersey defendant appealing to appeal the decision. Certain motions must be made within 20 days of the service of the New Jersey Court Judgment, New Jersey Court order or New Jersey 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 New Jersey Court asking it to “certify” the New Jersey Court Judgment, New Jersey Court order or New Jersey 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 Court Judgment, New Jersey Court order or New Jersey 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.

WHAT IF I WANT TO APPEAL A NEW JERSEY COURT DECISION BUT I AM NOT SURE WHETHER IT IS FINAL AS TO ALL ISSUES AND PARTIES IN A NEW JERSEY COURT CASE?
It is often quite difficult to determine whether a particular New Jersey Court Judgment, New Jersey Court order or New Jersey 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 Court Judgment, New Jersey Court order or New Jersey 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 Court Judgment, New Jersey Court order or New Jersey 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 New Jersey Court Appeal deadline for filing motions with the New Jersey Appellate Division, which differ from the New Jersey Court Appeal deadlines for filing New Jersey Court Appeals from final judgments, orders or decisions.

DO I HAVE TO FILE A NEW JERSEY NOTICE OF APPEAL IF THE NEW JERSEY COURT GRANTS MY MOTION TO TAKE AN INTERLOCUTORY NEW JERSEY COURT APPEAL OR TO PROCEED AS AN INDIGENT?
An order of the New Jersey Appellate Division granting an interlocutory New Jersey Court Appeal or on a 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 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 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 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 court or state administrative agency or officer from which the New Jersey Court Appeal is taken; the New Jersey Court trial judge if the New Jersey Court Appeal is from a judgment or order of a New Jersey 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 Court trial judge shall file an opinion or may supplement a filed opinion as provided by the New Jersey Appellate Division Court Rules.

NEW JERSEY COURT APPEAL DEADLINES FOR FILING AND SERVING NEW JERSEY APPELLATE PAPERS IN THE SUPERIOR COURT OF 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 Court transcript to any one party responding to the New Jersey Court Appeal, to be shared by all the New Jersey plaintiff or New Jersey defendant responding to the New Jersey Court Appeals.
• the New Jersey Court appealing party must serve and file a brief and New Jersey Court Appeal appendix either: (1) within 45 days after the delivery of the New Jersey Court transcript, if a verbatim record was made of the New Jersey trial court proceedings; (2) if the New Jersey Court transcript was delivered prior to the filing of the New Jersey Notice of Appeal or if no verbatim record was made of the New Jersey trial court proceedings, within 45 days of the filing of the New Jersey Court Appeal; (3) on a 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 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 New Jersey Court Appeal appendix, if any, in 30 days after receiving the New Jersey Court appealing party's brief and New Jersey Court Appeal appendix.
• The New Jersey Court appealing party may serve and file a New Jersey Court Appeals 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 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 plaintiff or New Jersey defendant responding to the original New Jersey Court Appeal has 10 days to file a New Jersey Court Appeals reply.
• Regardless of the above New Jersey Court Appeal deadlines, the New Jersey Appellate Division often sets different New Jersey Court Appeal deadlines from those identified above. The New Jersey Appellate Division does this by entering a separate scheduling order. When it enters a scheduling order, the New Jersey Court Appeal deadlines stated in that order control the New Jersey plaintiffs or New Jersey defendants’ New Jersey Court Appeal deadlines. REMEMBER TO ALWAYS FIND OUT FROM 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!
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