Law Office Of Paul DePetris
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New Jersey Appeal Frequently Asked Questions

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Warning – this article does not necessarily include each and every New Jersey court rule 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 of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law. The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated. Accordingly, this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Further, effective dates of the laws are not necessarily included in the database. Accordingly, you should not rely upon the statutes, rules, codes, files or forms on this website contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with an attorney for any changes in the laws. Be certain to cross reference all applicable rules before preparing, filing or serving any papers!!! For example, New Jersey Court Rules often cross reference other rules – rules that apply to New Jersey Court Cases as well as to other types of civil cases not being heard in New Jersey Court.

NEW JERSEY COURT APPEALS

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 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 appeal respondent. New Jersey 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)?
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 appeal deadlines for filing New Jersey Court Appeals. 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 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 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 appeal deadline.

ARE NEW JERSEY COURT APPEALS DIFFICULT?
New Jersey Court Appeals are highly complex proceedings and no website can possibly advise a New Jersey party taking or defending against a New Jersey Court Appeal of all procedures or issues necessary to consider when handling a New Jersey Court Appeal! New Jersey 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 New Jersey Court Appeal. Many New Jersey Courties that try to handle New Jersey appeals themselves write up New Jersey Court appeal papers that fail to comply with the New Jersey Appellate Division’s strict requirements and the New Jersey Appellate Division rejects those papers, requiring the New Jersey Courties to make corrections and resubmit the New Jersey Court appeal papers in a specific time frame or face negative consequences. Before taking any action in a New Jersey Court Appeal, confirm that the rules have not changed!!!! Reliance on a website is no substitute for advice by a competent New Jersey attorney!

HOW DO I START A NEW JERSEY COURT APPEAL?
Most often, the first step to taking 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 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 appeal transcripts is normally available in the New Jersey appeal appendix of the New Jersey Court Rules and normally appears on the New Jersey Courts’ website. The standard New Jersey 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 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 a New Jersey 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 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 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?
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, the New Jersey 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.

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

WHAT IF SOMEONE ELSE IS APPEALING A NEW JERSEY COURT JUDGMENT, NEW JERSEY COURT ORDER OR NEW JERSEY COURT DECISION IN A NEW JERSEY 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 New Jersey appeals respondent or New Jersey plaintiff answering a New Jersey appeal or New Jersey defendant answering a New Jersey appeal 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 Appellate Division Court Rules. You must also follow the New Jersey appeal deadlines for submitting New Jersey appeals appendix and New Jersey appeals briefs and if you want the New Jersey Appellate Division Court to consider your position on the New Jersey Court Appeal, file briefs on time with the New Jersey Appellate Division Clerk’s Office. If a New Jersey appeals respondent or New Jersey plaintiff answering a New Jersey appeal or New Jersey defendant answering a New Jersey appeal is not satisfied with the contents of a New Jersey appellant’s appendix, the New Jersey appeal respondent should seriously consider preparing and filing their own appendix, such as where they wish to present to the New Jersey Appellate Division New Jersey appeal documents from the record made in the New Jersey Court trial court but which the New Jersey appeal appellant failed to include in its New Jersey appeals appendix.

IF I AM RESPONDING TO A NEW JERSEY COURT APPEAL IN THE NEW JERSEY APPELLATE DIVISION, CAN I ALSO APPEAL THE NEW JERSEY COURT DECISION (NEW JERSEY CROSS APPEALS)?
If the New Jersey plaintiff answering the New Jersey appeal or New Jersey defendant answering the New Jersey appeal (the New Jersey appeal respondent) is not satisfied with the New Jersey trial court’s decision on a New Jersey motion or New Jersey order, the New Jersey plaintiff answering the New Jersey appeal or New Jersey defendant answering the New Jersey appeal (the New Jersey appeal respondent) may file a New Jersey appeal Notice of Cross Appeal and New Jersey Appellate Case Information Statement with the New Jersey Appellate Division and if required, deposit costs with the New Jersey Appellate Division and/or pay the New Jersey cross appeal filing fee if any to the New Jersey Appellate Division. A New Jersey appeals respondent or New Jersey plaintiff answering a New Jersey appeal or New Jersey defendant answering a New Jersey appeal may cross appeal as of right except that if a New Jersey appeal is taken from any order by leave of court, a cross appeal may not be taken from any other order in the matter without leave pursuant to R. 2:5-6(b). A New Jersey appeals respondent or New Jersey plaintiff answering a New Jersey appeal or New Jersey defendant answering a New Jersey appeal may cross appeal as of right only if such cross appeal meets the requirements of R. 2:2-1(a). Further, if a New Jersey appeal is taken from any order by leave of court, a cross appeal may not be taken in the matter without leave pursuant to R. 2:5-6(b). Cross appeals from final judgments, orders, administrative decisions or actions and cross appeals from orders as to which leave to appeal has been granted may be taken by serving and filing a New Jersey appeal Notice of cross appeal and, where required under R. 2:5-1(a), a Case Information Statement, within 15 days after the service of the notice of appeal or the entry of an order granting leave to appeal. A New Jersey appeals respondent or New Jersey plaintiff answering a New Jersey appeal or New Jersey defendant answering a New Jersey appeal on appeal may appeal against a non-appealing party by serving and filing a New Jersey appeal Notice of appeal and, where required under R. 2:5-1(a), a Case Information Statement, within the time fixed for cross appeals. New Jersey appeal motions for leave to file a New Jersey cross appeal from interlocutory orders and administrative decisions or actions as to which leave to appeal has not been granted shall be made within the time provided by R. 2:5-6(b).

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 appeal deadline for filing motions with the New Jersey Appellate Division, which differ from the New Jersey 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 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 appeal appellant, or the New Jersey Appellate Division Clerk’s Office ( if the New Jersey 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.

IF SOMEONE FILES A NEW JERSEY COURT APPEAL, DOES THAT FILING AUTOMATICALLY SUSPEND OR TEMPORARILY STOP THE NEW JERSEY COURT TRIAL COURT’S JUDGMENT, ORDER OR DECISION (STAY PENDING NEW JERSEY COURT APPEAL)?
The filing of a 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 Court Judgment, New Jersey Court order or New Jersey Court decision being New Jersey Court Appealed. As a general rule, the New Jersey Court appealing party’s obligation to perform under the New Jersey Court order, judgment or decision appealed from is not automatically stayed by the filing of a New Jersey Court Appeal. If, however, the New Jersey Court Judgment, New Jersey Court order or New Jersey Court decision is not stayed and is partially satisfied by execution pending New Jersey Court Appeal, restitution may be necessary, such as if the New Jersey Court judgment is thereafter reversed (even where the New Jersey plaintiff or New Jersey defendant filing the New Jersey Court Appeal never filed a supersedeas bond nor made a cash deposit). To secure a stay of the New Jersey Court trial court’s judgment, order or decision, the New Jersey plaintiff or New Jersey defendant taking a New Jersey Court Appeal may have to file a New Jersey motion with the New Jersey court asking it to stay the New Jersey Court Judgment, New Jersey Court order or New Jersey Court decision. Even if the New Jersey court decides to enter a stay pending the New Jersey Court Appeal, before permitting a stay, the New Jersey court may decide to require security for the New Jersey Court Judgment, New Jersey Court order or New Jersey 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 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 Court decisions, judgments or orders. If the motion for a stay is made before the New Jersey Appellate Division schedules a New Jersey Court Appeal for oral argument, the applications for the stay is most often made to the New Jersey Court trial court instead of the New Jersey Appellate Division.

WHAT IF I FACE AN EMERGENCY RELATED TO MY NEW JERSEY COURT APPEAL OR I MUST IMMEDIATELY SUSPEND OR TEMPORARILY STOP ENFORCEMENT OF A NEW JERSEY COURT’S JUDGMENT, ORDER OR DECISION?
If you have an emergency concerning your New Jersey Court Appeal or you must seek to immediately suspend or temporarily stop enforcement of a New Jersey 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 Court trial court sits to find out the particular judge handling emergent requests for that court. If the New Jersey Court denies the motion and the New Jersey plaintiff or New Jersey defendant seeking relief believes that the motion was improperly denied, the New Jersey plaintiff or New Jersey defendant should file a New Jersey motion for emergent relief with the New Jersey Appellate Division Clerk’s Office.

WHAT IF MY CORPORATION OR COMPANY WANTS TO TAKE A 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 papers with 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 a civil New Jersey Court Appeal when unrepresented by an attorney should first consult with a licensed New Jersey attorney familiar with New Jersey Court Appeals.

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 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 NEED MORE TIME TO PREPARE AND FILE MY NEW JERSEY APPELLATE BRIEF?
If you get your opponent’s consent, 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 Appellate Division Clerk’s Office a letter stating your reason for the request and explaining that your opponent does not object. The New Jersey plaintiff or New Jersey defendant 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 Appellate Division.

WHAT IS THE “RECORD” IN A NEW JERSEY COURT APPEAL”?
The record on New Jersey Court Appeal consists of all papers on file in the New Jersey 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 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 appeal appendix filed by the New Jersey appeal appellant. The clerk of the New Jersey Court or the clerk of the New Jersey Appellate Division (if the original transcript is on file there) shall on request deliver the original transcript to the New Jersey 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 Appellate Division, the clerk of the New Jersey court or courts below from which the New Jersey Court Appeal is taken shall deliver to 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 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 a New Jersey appeals appendix for a particular New Jersey Court Appeal. Whenever possible counsel shall agree upon a joint appendix, which shall be bound separately and if the New Jersey plaintiffs or New Jersey defendants 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 a New Jersey appeals appendix:
• the complete pretrial order, if any, and the pleadings
• the New Jersey Court judgment, order or determination New Jersey Court Appealed from or sought to be reviewed or enforced, including the jury verdict sheet, if any
• the New Jersey Court 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 Court Rule 2:5-3(f)
• the notice or notices of New Jersey Court Appeal
• the New Jersey Court transcript delivery certification prescribed by New Jersey Court Rule 2:5-3(e)
• any unpublished opinions cited pursuant to New Jersey 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 appeal appellant should reasonably assume will be relied upon by the New Jersey appeal respondent in meeting the issues raised.
• If the New Jersey Court Appeal is from a summary judgment, the New Jersey appeal appendix shall also include a statement of all items submitted to the New Jersey court on the summary judgment motion and all such items shall be included in the New Jersey appeal appendix
• briefs in support of and opposition to motions shall be included only if the New Jersey appeal brief is referred to in the decision of the New Jersey court or agency or the question of whether an issue was raised in the New Jersey 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 appellant's appendix shall not also be included in respondent's appendix unless appellant's 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 Court, the document shall be reproduced in the New Jersey appeal appendix only with the first such pleading or motion and shall be referred to thereafter only by notation to the New Jersey appeal appendix page on which it appears.
• New Jersey appeal documents included in the New Jersey 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 appeal appendix (e.g., 1a, 2a, etc.).
• The New Jersey appeal appendix may be bound with the New Jersey appeal brief or separately, into volumes containing no more than 200 sheets each. If bound with the New Jersey appeal brief, it shall follow the New Jersey appeal brief, but there shall be a single table of contents of the New Jersey appeal brief and New Jersey 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 appeal appendix, each volume shall contain a full table of contents and shall specify on its cover the New Jersey appeal appendix pages included therein.

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

A New Jersey party to a New Jersey Court Appeal who questions whether the record fully and truly discloses what occurred in the New Jersey court or agency below shall, except as otherwise provided by the New Jersey Appellate Division Court Rules, make a New Jersey motion to the New Jersey Court or agency to settle the record. Thereafter, if the New Jersey appeal appellant is denied and makes a similar motion to the New Jersey Appellate Division Court which may order a correction of the record or direct the New Jersey 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 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 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 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 Court transcript in the New Jersey 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 court in which the New Jersey Court Appeal is pending.

IF I AM RESPONDING TO A NEW JERSEY COURT APPEAL IN THE NEW JERSEY APPELLATE DIVISION, DO I HAVE TO PREPARE MY OWN APPENDIX?
If a New Jersey appeals respondent or New Jersey plaintiff answering a New Jersey appeal or New Jersey defendant answering a New Jersey appeal is not satisfied with the contents of a New Jersey appellant’s appendix, the New Jersey appeal respondent should seriously consider preparing and filing their own appendix, such as where they wish to present to the New Jersey Appellate Division New Jersey appeal documents from the record made in the New Jersey Court but which the New Jersey appeal appellant failed to include in its New Jersey appeals 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 APPELLATE DIVISION COURT RULES AND THE NEW CASE COULD AFFECT MY NEW JERSEY COURT APPEAL AND I NEED TO ADVISE THE NEW JERSEY APPELLATE DIVISION ABOUT THAT NEW CASE OR LAW?
Normally, parties involved in a New Jersey Court Appeal are not allowed to submit more briefs beyond what is specifically allowed by 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 papers with the New Jersey court that the rules permit, the New Jersey plaintiff or New Jersey defendant may serve on all other parties and file with the New Jersey Appellate Division Clerk’s Office a letter advising the New Jersey 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 Appellate Division’s Clerk’s Office a letter responding to the first letter.

DOES THE NEW JERSEY APPELLATE DIVISION AUTOMATICALLY SCHEDULE NEW JERSEY COURT APPEALS TO BE ARGUED ORALLY?
No. However, any party involved in a 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 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 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 New Jersey plaintiffs or New Jersey defendants are unavailable by sending the Clerk a letter and forwarding a copy of that letter to all of the New Jersey plaintiff or New Jersey defendant’s opponents.

DOES THE NEW JERSEY APPELLATE DIVISION AUTOMATICALLY SCHEDULE MOTIONS TO BE ARGUED ORALLY?
No. Appellate Division motions are normally decided “on the papers” which means based on the papers submitted to the New Jersey Appellate Division by the New Jersey plaintiffs or New Jersey defendants and without any argument by the New Jersey plaintiffs or New Jersey defendants or their attorneys. Parties seeking oral argument on Appellate Division motions must include a New Jersey request for oral argument in their motion New Jersey appeal papers. However, merely making the request in the motion New Jersey appeal papers does not assure that the New Jersey Appellate Division will grant the request, since 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 NEW JERSEY COURT APPEAL?
A New Jersey party taking a New Jersey Court Appeal may withdraw or dismiss its New Jersey Court Appeal, without the consent of the New Jersey plaintiff or New Jersey defendant’s opponents, at any time before the first brief is filed. This is done by forwarding a letter to the New Jersey Appellate Division Clerk’s Office advising the New Jersey court of this decision, by forwarding copies of the letter on the New Jersey plaintiff or New Jersey defendant’s adversaries and by filing a proof of service of the letter with 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 Appellate Division Clerk’s Office.

WHAT ARE SOME MISTAKES IN THE FORMAT OF NEW JERSEY APPELLATE PAPERS FILED IN THE NEW JERSEY APPELLATE DIVISION?
• Submitting handwritten New Jersey appeal briefs.
• Submitting a New Jersey appeal appendix and New Jersey appeal exhibits that are difficult to read.
• Failing to include New Jersey appeal covers on New Jersey appeal briefs and appendices of the proper material.
• Failing to fasten papers properly to prevent loss of pages.
• Failing to include the name, address and telephone numbers on New Jersey appeal papers submitted to the New Jersey Appellate Division
• Submitting New Jersey appeal briefs that exceed New Jersey appeal page limits.

CONTENTS & FORMAT CHECKLIST FOR NEW JERSEY APPELLATE BRIEFS & APPENDICIES FILED IN THE NEW JERSEY APPELLATE DIVISION
• Type the New Jersey appellate 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 appeal brief and all New Jersey appeal documents included in the New Jersey appeal appendix are able to be read
• Use white New Jersey appeal covers for appellant's brief
• Use blue New Jersey appeal covers for party responding to the New Jersey Court Appeal's brief
• Use buff New Jersey appeal covers for New Jersey appeal reply brief.
• file five copies of your New Jersey appeal brief and New Jersey appeal appendix with the New Jersey Appellate Division Clerk's Office
• serve two copies of your New Jersey appeal brief and New Jersey appeal appendix with the New Jersey Appellate Division Clerk's Office
• file with the New Jersey Appellate Division Clerk's Office a proof of service of your service of the New Jersey appeal brief
• If New Jersey appeal brief and New Jersey appeal appendix are bound together, the New Jersey appeal brief and New Jersey appeal appendix share one table of contents
• If the New Jersey appeal appendix is bound separately, the New Jersey appeal brief and New Jersey appeal appendix have separate tables of contents.
• The New Jersey appeal brief’s table of contents should include the point headings of and New Jersey appeal legal arguments contained in the New Jersey appeal brief.
• The New Jersey appeal appendix table of contents must indicate the first page of each document in the New Jersey appeal appendix.
• the filing date of each document in the New Jersey appeal appendix must be put at the head of the
• page where the document first appears.
• When putting New Jersey appeal documents into the New Jersey appeal appendix, use New Jersey appeal documents that were actually filed or provided to the New Jersey Court instead of drafts
• Include in the New Jersey appeal appendix all the relevant New Jersey appeal documents necessary for the New Jersey Appellate Division to decide the New Jersey Court Appeal, including the New Jersey Court judgment, decision or order New Jersey Court Appealed from and the New Jersey 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 New Jersey appeal papers (but generally speaking, motion briefs submitted to the New Jersey Courts are excluded from appendicies).
• If the New Jersey Court delivered its opinion, findings or conclusions orally, submit the New Jersey Court transcript of that hearing to the New Jersey Appellate Division. If that transcript is not being filed with the New Jersey Appellate Division separately from the New Jersey appeal appendix, it should be included in the New Jersey appeal appendix and clearly identified in the New Jersey appeal appendix table of contents and the procedural history in the New Jersey appeal brief.
• If the New Jersey Court’s opinion was published as legal authority, provide the opinion’s citation to the New Jersey Appellate Division.
• If the exhibits are too large to include in the New Jersey appeal appendix, the New Jersey plaintiff or New Jersey defendant preparing the New Jersey appeal appendix may submit a letter to 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 Appellate Division will tell the New Jersey Appellate Division Clerk’s Office to advise the New Jersey plaintiff or New Jersey defendant making the request if 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 appeal appendix. If the New Jersey 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 appeal briefs of parties responding to a New Jersey Court Appeal/cross-appellant's brief filed pursuant to R. 2:6-2(d) cannot exceed 90 pages.
• The New Jersey 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 appellate 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 appellate 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 Appellate Division needs to decide the New Jersey Court Appeal.
• The New Jersey appellate 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 New Jersey appeal legal argument sections of briefs include citations to cases, statutes, court rules and other authorities that might support the New Jersey plaintiff or New Jersey defendant’s arguments. These citations should be in the format specifically required by the New Jersey court rules.
• Avoid any references in the New Jersey appellate brief to any fact or evidence never submitted as part of the New Jersey Court’s record and that is not included in the New Jersey appeal appendix.

CHECKLIST FOR NEW JERSEY APPELLATE MOTIONS FILED IN THE NEW JERSEY APPELLATE DIVISION
• each document submitted to the New Jersey court must contain the name, address and telephone numbers of the moving party
• each document submitted to the New Jersey court must contain the New Jersey case caption
• New Jersey appeal documents submitted to the New Jersey 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 appeal brief shall not exceed 25 pages.
• white New Jersey appeal covers for movant's brief New Jersey appeal covers.
• blue New Jersey appeal covers for movant's brief New Jersey 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 Appellate Division Clerk's Office.
• If the motion seeks additional time to file papers (such as a brief), state the date by which the moving party can file the papers
• If the motion seeks additional time to file other papers (such as a brief), it is often best to begin preparing those papers so that if the motion is granted the moving party shall be able to meet the New Jersey Appellate Division’s old New Jersey appeal deadline or if the motion is granted, the new New Jersey appeal deadline set by the New Jersey Appellate Division
• If you want oral argument on your motion, include a New Jersey request for such argument in your motion New Jersey appeal papers

NEW JERSEY 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 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 appeal appendix, if any, in 30 days after receiving the New Jersey Court appealing party's brief and New Jersey appeal appendix.
• The New Jersey Court appealing party may serve and file a New Jersey 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 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 appeals reply.
• Regardless of the above New Jersey appeal deadlines, the New Jersey Appellate Division often sets different New Jersey 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 appeal deadlines stated in that order control the New Jersey plaintiffs or New Jersey defendants’ New Jersey 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!

CAN I HANDLE A NEW JERSEY APPELLATE COURT CASE MYSELF?
New Jersey appeals are some of the most complex matters heard in New Jersey Courts and the failure to file the New Jersey Court Rules governing New Jersey Appeals could result in your New Jersey Appeal being dismissed or your being fined by the New Jersey Appellate Court. While some New Jersey plaintiffs and New Jersey defendants and law firms can and do successfully handle New Jersey Appeals, many other attorneys and non-attorneys make mistakes that lead to the dismissal of their cases or that result in the entry of fines against them. The greater the money at stake, the greater the reason to consider using the services of a New Jersey appeals lawyer to handle part or all of the case. The following are reasons to use an experienced New Jersey appeals attorney to handle part or all of your case:
• New Jersey Appellate Court rules change.
• New Jersey Appellate Court employees cannot give you “free” legal advice and a judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees.
• New Jersey Appellate Court forms available on websites may not cover every situation you may face in court.
• Each New Jersey Appeal has its own particular legal issues and therefore, its own challenges
• It is very common for New Jersey plaintiffs and New Jersey defendants to file inadequate or incorrect New Jersey Appellate papers that result in the complaints or answers to complaints being rejected by the New Jersey Appeal Court or being dismissed by the New Jersey Appeal Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the case.
• a court has the power to punish unprepared parties, such as by throwing their case out of court or limiting what they can present at trial.
• New Jersey has many published cases, laws, regulations, court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at trial.
• Without the proper preparation, items and documents may never be considered by the New Jersey Appeals Court. Also, if there are any legal issues to be dealt with at trial, you must be prepared to argue them, which may require you to refer to court rules, evidence rules, laws, regulations or published cases.
• You cannot show up at a New Jersey Appeals Court expecting the judge hearing your case to explain court rules, evidence rules, court procedure or the details of the law that applies to your case. The judge hearing your case is not permitted to give you legal advice.

It is important to remember that even if you have a New Jersey appeals attorney, you could lose your case. Hiring a New Jersey appeals attorney to handle part or all of your case does not guarantee your success. However, it may provide what is needed to win your case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY APPEALS?
Yes. Paul DePetris has performed the following tasks:
• Prepared New Jersey appellate briefs for appeals from New Jersey municipal court decisions.
• Prepared New Jersey appellate briefs for appeals from New Jersey Superior Court decisions.
• Prepared New Jersey appellate briefs that succeeded in defeating appeals.
• Prepared New Jersey appellate briefs that overturned the incorrect decision of New Jersey trial judges.
• Prepared a New Jersey appellate brief that defeated an attempt to appeal a case before the trial court completed the trial of the case (interlocutory appeal motions).
• Assisted other attorneys with the handling of New Jersey appeals and interlocutory motions involving New Jersey appeals.

Mr. DePetris is also the author of the following publications: New Jersey Consumer Fraud Act & Forms (New Jersey Law Journal Books); Learned Professionals, Licensed Semiprofessionals and the Consumer Fraud Act: The Origins of the Licensed Professionals’ Doctrine (New Jersey Lawyer, Oct. 2008); and Liability For Consumer Fraud In Real Estate Transactions (New Jersey Law Journal, March 18, 2009). Mr. DePetris also gives seminars on the New Jersey Consumer Fraud Act.

WHY SHOULD NEW JERSEY PRO SE PARTIES SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey appeal wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey appeals lawyer!
Many New Jersey pro se parties make the mistake of not consulting a New Jersey lawyer before filing New Jersey papers only to later learn that the New Jersey pro se parties made serious mistakes that could cause them to lose their New Jersey appeal. New Jersey employees cannot give you “free” legal advice and a New Jersey judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey employees are not trained attorneys and therefore, they may not know what advice to give you. Working at the New Jersey appeals court as a non-judge is not the same as practicing law. Let the Law Office of Paul DePetris help you with your New Jersey appeal. Not all New Jersey appeals require you to pay expensive legal fees to get legal help. To receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.

CAN I RELY ON NEW JERSEY APPEALS COURT PERSONNEL OR NEW JERSEY APPEALS COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey employees cannot give you “free” legal advice and a New Jersey judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey employees are not trained attorneys and therefore, they may not know what advice to give you. Working at the New Jersey appeals court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY APPEAL FORMS PROVIDED BY THE NEW JERSEY APPEAL COURT?
The New Jersey appeal usually provides certain types of New Jersey legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey appeal forms provided by the New Jersey appeal court – the New Jersey forms are often deceptively simple, while New Jersey appeal cases often are much more complex than they first appear to be. There is simply no substitute for New Jersey lawyer who has experience handling New Jersey appeal cases. New Jersey forms don’t talk and New Jersey forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey appeal case. Each New Jersey appeal case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey trial attorney, it is best to have the New Jersey attorney prepare your New Jersey appeal paperwork for you.

NEED HELP WITH YOUR NEW JERSEY APPEAL?
Handling your New Jersey appeal wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey appeals lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey appeal. Not all New Jersey appeals require you to pay expensive legal fees to get legal help. To receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.

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