NEW JERSEY APPELLATE PRACTICE HANDBOOK
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1 NEW JERSEY APPELLATE PRACTICE HANDBOOK TENTH EDITION NEW JERSEY APPELLATE PRACTICE STUDY COMMITTEE OF THE NEW JERSEY STATE BAR ASSOCIATION NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION ONE CONSTITUTION SQUARE, NEW BRUNSWICK, NEW JERSEY (732)
2 NEW JERSEY APPELLATE PRACTICE HANDBOOK CHAPTER ONE OVERVIEW OF THE NEW JERSEY APPELLATE SYSTEM 1.1 INTRODUCTION HISTORICAL BACKGROUND... 1 (a) Overview... 1 (b) Constitution of (c) Constitution of STRUCTURE OF THE APPELLATE COURTS OF NEW JERSEY UNDER THE CONSTITUTION OF (a) Overview... 3 (b) The Supreme Court of New Jersey: Appellate Jurisdiction... 3 (c) The Supreme Court of New Jersey: Rulemaking and Disciplinary Matters... 5 (d) The Superior Court, Appellate Division: Structure... 6 (e) The Superior Court, Appellate Division: Decisionmaking Process SUPERIOR COURT, LAW DIVISION: APPELLATE JURISDICTION APPELLATE CASELOAD STATISTICS IN NEW JERSEY (a) Supreme Court Statistics (b) Superior Court, Appellate Division Statistics CHAPTER TWO APPEALABLE DETERMINATIONS 2.1 INTRODUCTION FINAL JUDGMENTS SPECIFIC INTERLOCUTORY ORDERS DEEMED "FINAL" (a) Custody Determinations (b) Adoption Proceedings (c) Appointments of Statutory or Liquidating Receivers (d) Pretrial Intervention Program (e) Material Witness Order (f) Order granting or denying a motion to extend the time to file a notice of claim Under N.J.S.A. 59: (g) Orders compelling or denying arbitration (h) Order certified as final i
3 2.4 REVIEW OF FINAL JUDGMENTS AS OF RIGHT REVIEW OF INTERLOCUTORY ORDERS STANDARDS GOVERNING MOTIONS FOR LEAVE TO APPEAL STAY PENDING INTERLOCUTORY REVIEW CHAPTER THREE HOW TO INITIATE AN APPEAL IN THE APPELLATE DIVISION 3.1 INTRODUCTION (a) Electronic Filing TIME TO APPEAL FROM FINAL JUDGMENTS (a) Time to Appeal (b) Entry of a Final Judgment (c) Time to Cross Appeal (d) Effect of Failure to Cross Appeal (e) Extension of Time to Appeal (f) Acceleration of Appeal or Abbreviation of Time in Civil Cases (g) Tolling of Time to Appeal (h) Computation of Time PARTIES TO APPEAL (a) Generally (b) Effect of Appeal on Non-Appealing Parties (c) Parties in Workers' Compensation Cases (d) Cross Appeals (e) Appeal by State in Criminal Cases (f) Appeal by Defendant and Others in Criminal Cases TRANSCRIPTS (a) Ordering, Serving and Filing Transcripts (b) Substitutes for Transcripts FORM AND CONTENT OF NOTICE OF APPEAL (a) Form of Notice of Appeal (b) Content in Civil Cases (c) Content in Criminal Cases (d) Content in Both Criminal and Civil Cases ii
4 APPELLATE PRACTICE HANDBOOK 3.6 SERVICE AND FILING OF NOTICE OF APPEAL (a) Who Must Be Served (b) Time for Service (c) Methods of Service (d) Filing by Mail or Delivery (e) Order in Lieu of Notice of Appeal CASE INFORMATION STATEMENT (a) Civil and Criminal Matters (b) Civil Case Information Statement (c) Criminal Case Information Statement (d) Respondent's Obligation FILING FEES DEPOSIT FOR COSTS (a) Civil Cases (b) Criminal Cases STAYS PENDING APPEAL (a) Civil Cases (1) Supersedeas Bonds (b) Criminal Cases (1) Bail Pending Appeal (c) Motions for Leave to Appeal (d) Contempt Cases (e) Appeals from Administrative Agencies (f) Temporary Stays INTERLOCUTORY APPEALS (a) Generally (b) Time to File Notice of Motion for Leave to Appeal or Cross Appeal (c) Stays (d) Extension of Time (e) Computation of Time (f) Procedure (g) Deposit for Costs and Fees (h) Procedure After Leave is Granted SENTENCE APPEALS iii
5 CHAPTER FOUR NEW JERSEY SUPREME COURT REVIEW 4.1 INTRODUCTION CONSTITUTIONAL PROVISIONS STATUTORY AND COURT RULE PROVISIONS RULES GOVERNING SUPREME COURT REVIEW (a) Cases Involving Substantial Constitutional Questions (b) Cases in Which There is a Dissent in the Appellate Division (c) Death Penalty Cases (d) As Provided by Law (e) Discretionary Review (1) Petition for Certification (2) Motion for Leave to Appeal PROCEDURES FOR INVOKING SUPREME COURT REVIEW (a) Notice of Appeal (b) Motion for Leave to Appeal (c) Petition for Certification (d) Matters Pending Unheard in the Appellate Division (Direct Certification) (e) By Cross-Appeal and Cross-Petition (f) Certified Questions of Law (g) Amicus Curiae Briefs SUPREME COURT PROCEDURES FOR GRANTING REVIEW SUPERVISORY MATTERS OPPOSING SUPREME COURT REVIEW (a) On Appeal (b) On Certification (c) On Motion for Leave to Appeal THE RECORD IN THE SUPREME COURT ORAL ARGUMENT iv
6 APPELLATE PRACTICE HANDBOOK CHAPTER FIVE THE RECORD ON APPEAL 5.1 INTRODUCTION TRANSCRIPTS (a) Ordering (b) Number of Copies in Appellate Division (c) Number of Copies in Supreme Court (d) Time for Service and Filing of Transcript (e) Abbreviation of Transcript SUBSTITUTES FOR TRANSCRIPTS (a) Stipulated Statement of Proceedings in Lieu of Transcript (b) Reconstructing the Record THE APPENDIX (a) Required Contents (b) Optional Content (c) Format (d) Time for Filing of Appendix SETTLING THE RECORD SUPPLEMENTING THE RECORD (a) Appeals from Administrative Agencies (b) Appeals from Judicial Proceedings (c) Exercise of Original Jurisdiction CHAPTER SIX THE BRIEF 6.1 INTRODUCTION KINDS OF BRIEFS BRIEFS PERMITTED (a) On Plenary Appeal (1) Appellate Division (2) Supreme Court v
7 (b) On Motion (c) Post-Brief Letters (d) Criminal Sentencing Appeals SERVICE AND FILING (a) Appellate Division (b) Supreme Court FORMAT RULES COVER LENGTH OF BRIEFS CASE CITATIONS REFERENCES TO BRIEFS, APPENDICES AND TRANSCRIPTS DEADLINES (a) Where No Cross-Appeal is Taken (b) Where A Cross-Appeal Is Taken (c) Multiple Parties When No Cross-Appeal Is Taken (d) Multiple Parties When A Cross-Appeal Is Taken (e) Scheduling Orders (f) Extensions and Accelerations (g) Tolling CONTENTS OF BRIEFS (a) The Plenary Briefs (1) Generally (2) Table of Contents (3) Table of Appendix (4) Table of Citations (5) The Preliminary Statement (6) A Concise Procedural History (7) A Concise Statement of Facts (8) Legal Argument (9) Conclusion (b) The Reply Brief (c) Motion Briefs (1) The Brief in Support of Leave to Appeal (2) The Brief in Support of Summary Disposition vi
8 APPELLATE PRACTICE HANDBOOK (3) The Brief in Support of Direct Certification (4) The Reconsideration Brief PETITION FOR CERTIFICATION (a) Deadlines (b) Contents of the Petition, Opposing Brief and Reply (1) The Petition (2) The Opposing Brief (3) The Reply Brief (c) Proceedings After Certification is Granted APPEALS AS OF RIGHT TO SUPREME COURT CHAPTER SEVEN NEW JERSEY STANDARDS FOR APPELLATE REVIEW 7.1 INTRODUCTION PLAIN ERROR AND HARMFUL ERROR SCOPE OF REVIEW (a) Discretionary Decisions (b) Fact Findings by A Trial Judge (c) Motions for Judgment (1) Motion to Dismiss Complaint For Failure to State A Claim (Civil) (2) Summary Judgment (Civil) (3) Motions for Involuntary Dismissal and Motions for Judgment at Trial (Civil) (4) Motion for a New Trial on the Basis that the Verdict was Against the The Weight of the Evidence (Civil and Criminal) (5) Motion for Judgment of Acquittal (Criminal) (d) Select Proceedings/Determinations In Superior Court Matters (1) Jury Charge (2) Grant or Denial of Preliminary and Permanent Injunctive Relief (3) Determination of Request for Declaratory Judgment (4) Determination of Request for Specific Performance of a Contract (5) Grant or Denial of Punitive Damages (6) Award of Attorneys Fees on Prejudgment Interest (e) Decision of Tribunals with Special Expertise (1) Family Court Matters (2) Tax Court Matters (3) Municipal Court Decisions vii
9 (4) Decision of Municipal Body (5) State Administrative Agency Decisions (6) Review of Administrative Regulations (7) Arbitration Awards (f) Select Matters in Criminal Proceedings (1) Guilty Plea (2) Sentencing (3) Prosecutorial Misconduct CHAPTER EIGHT ORAL ARGUMENT 8.1 INTRODUCTION (a) When Should Oral Arguments Be Requested (b) How to Prepare for Oral Argument PRESENTING THE ORAL ARGUMENT POST MORTEMS CHAPTER NINE JUDGMENTS AND RECONSIDERATION 9.1 INTRODUCTION APPELLATE JUDGMENTS (a) Generally (b) Operation and Effect (c) Stay of Judgment on Appeal upon Certification to the New Jersey Supreme Court (d) Stay of Judgment on Appeal upon Petition for Certiorari MOTION FOR RECONSIDERATION (a) Generally (b) Nature, Purpose, and Grounds for Reconsideration (c) The Record (d) Defects in the Record (e) Failure to Set Forth Analysis (f) Final Rulings, No Fault of Petitioner, Etc PROCEDURAL REQUIREMENTS (a) Time for Filing viii
10 APPELLATE PRACTICE HANDBOOK (b) Content, Length and Number of Copies (c) No Answer Unless Requested (d) No Oral Argument (e) Motion for Hearing En Banc (f) Decision on Motion for Reconsideration (g) Only One Motion Recommended PRACTICE POINTERS: MOTION FOR RECONSIDERATION CHAPTER TEN MOTIONS 10.1 INTRODUCTION JURISDICTION MOTIONS TO BE FILED WITH TRIAL COURT OR AGENCY REQUIREMENTS OF A MOTION (a) Who Should File (b) Formal Requirements MOTIONS FOR LEAVE TO APPEAL MOTION FOR SUMMARY DISPOSITION CLERK'S REVIEW AND ASSIGNMENT OF MOTIONS (a) Review (b) Assignment (c) No Oral Argument ANSWERS AND REPLIES ON MOTIONS WITHDRAWAL OF MOTIONS MOTION ORDERS EMERGENT APPLICATIONS (a) To Whom Made: Appellate Division (b) Formal Requirements: Appellate Division (c) Relief Available: Appellate Division ix
11 (d) Supreme Court Applications CHAPTER ELEVEN CIVIL APPEALS SETTLEMENT PROGRAM AND MISCELLANEOUS MATTERS 11.1 INTRODUCTION CIVIL APPEALS SETTLEMENT PROGRAM (a) Selection of Cases (b) Conference Notice (c) Conference and Orders COSTS (a) Taxed Costs in Civil Appeals (b) Time to Apply for Costs in Civil Appeals (c) Taxed Costs in Criminal Appeals (d) Additional Considerations WITHDRAWAL OF APPEAL CHAPTER TWELVE APPELLATE PRACTICE FORMS 12.1 CHECKLIST: NOTICE OF APPEAL TO APPELLATE DIVISION, CIVIL CHECKLIST: NOTICE OF APPEAL TO APPELLATE DIVISION, CRIMINAL CHECKLIST: MOTION FOR LEAVE TO APPEAL TO APPELLATE DIVISION a CHECKLIST: IF LEAVE TO APPEAL IS GRANTED PRESCRIBED COURT TRANSCRIPT REQUEST FORM NOTICE OF APPEAL NOTICE OF APPEAL, CRIMINAL NOTICE OF APPEAL, CIVIL NOTICE OF CROSS APPEAL NOTICE OF MOTION FOR LEAVE TO APPEAL CRIMINAL CASE INFORMATION STATEMENT CIVIL CASE INFORMATION STATEMENT x
12 APPELLATE PRACTICE HANDBOOK NOTICE OF MOTION APPLICATION FOR PERMISSION TO FILE EMERGENT MOTION AFFIDAVIT OF SERVICE ALTERNATIVE FORM: CERTIFICATION OF SERVICE FORM OF SUPERSEDEAS BOND APPELLATE DIVISION CHECKLIST FOR PREPARATION OF BRIEF APPELLATE DIVISION CHECKLIST FOR PREPARATION OF APPENDIX FORMAL BRIEF COVER LETTER BRIEF COVER REQUEST FOR ORAL ARGUMENT SUBSTITUTION OF ATTORNEY STIPULATION OF DISMISSAL NOTICE OF MOTION FOR RECONSIDERATION MOTION FOR RECONSIDERATION BRIEF ALTERNATIVE FORM: MOTION FOR RECONSIDERATION ALTERNATIVE FORM: MOTION FOR RECONSIDERATION BRIEF NOTICE OF PETITION FOR CERTIFICATION, NEARY LETTER NOTICE OF PETITION FOR CERTIFICATION, AFFIDAVIT OF SERVICE NOTICE FOR PETITION FOR CERTIFICATION, CIVIL NOTICE OF PETITION FOR CERTIFICATION, CRIMINAL PETITION FOR CERTIFICATION CERTIFICATION TO TAX COSTS PURSUANT TO R. 2: APPEAL BOND NOTICES May 1, 2013 Appellate Division Procedures *August 15, 2013 Attorney ID Number May 16, 2013 Electronic Filing in the Appellate Division ( edata ) August 26, 2015 Appellate Guidelines for Entertaining Emergent Applications February 10, 2015 Electronic Filing in the Appellate Division ( edata ) xi
13 *Please note that appellate forms do not include a designated space to add the attorney ID number. Please add your number near your name, as appropriate, to each document. Table of Authorities Index xii
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