Law Office Of Paul DePetris
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How To File A New Jersey 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 Court rule, code or law that may apply to your 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or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.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 Cases, since there are different rules for different case types!


HOW TO FILE A NEW JERSEY COURT APPEAL FAQs


WHAT IS A COURT APPEAL?
To understand how to file a New Jersey Court Appeal, you must understand what an appeal is.  A Court Appeal is the process by which a Party to a dispute asks a higher authority, such as a higher court, to review and reverse or modify the decision of a Judge.   In a New Jersey Appeal, the Appellant is the Plaintiff or Defendant that brings or files the Court Appeal.  The Plaintiff or Defendant that defends the Court trial court’s decision is the Respondent.  Respondents may file their own Appeal, called a Cross Appeal.  There are strict rules that apply to appeals and strict New Jersey appeal deadlines for filing appeals and answers to appeals.


WHAT IS THE APPELLATE DIVISION
To understand how to file a New Jersey Court Appeal, you must understand something about the court deciding your appeal – the New Jersey Appellate Division.   The Appellate Division is a subpart of the Superior Court is New Jersey and is that court’s intermediate Appellate Court.   Appeals are usually decided by panels of between 2 and 3 judges, who hear appeals from decisions of the trial courts, the Tax Court and State administrative agencies. 


HOW DO I TAKE A COURT APPEAL (GENERAL INFORMATION)?
To understand how to file a New Jersey Appeal, you must take a series of specific steps.  If you disagree with the decision of a Court such as a Court judgment entered against you or your business at a Court trial or the denial of a New Jersey motion to vacate a Court default judgment, you may appeal the Case to a higher Court -- the New Jersey Appellate Division of the Superior Court.  There are very strict New Jersey Court Appeal deadlines to file a Court Appeal.  Appeals from orders or judgments that are not final are called “interlocutory appeals” and the procedure for such Court Appeals is somewhat different than those for Appeals from Final judgments or orders.  To appeal a Final judgment in New Jersey that resolves all issues in the Case, you must act in a specific time frame by filing a New Jersey Notice of Appeal and other required Documents with the New Jersey Appellate Division and pay a nonrefundable fee to the New Jersey Appellate Division and in civil appeals, eventually deposit costs with the court – Court Appeals and are not usually filed with the trial court or decided by the trial court and you should not try to file appellate papers with the trial court or at your New Jersey county courthouse!   As part of your Court Appeal, you usually must also prepare a written 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.  


WHEN DO I FILE AN APPEAL?
To understand how to file a New Jersey Court Appeal, you must understand about New Jersey Court Appeal deadlines.  New Jersey appeal deadlines must generally be strictly followed.  Failure to meet a New Jersey appeal deadline could result in the court’s refusing to accept your appeal for filing.  The Appellate Division can’t take any action in an appeal until it has obtained jurisdiction in the matter.  Generally speaking, the Appellate Court doesn’t have jurisdiction unless a notice of appeal or a motion for leave to appeal has been filed.  For New Jersey appeals from final judgments of courts, final judgments or orders of judges sitting as statutory agents and final judgments of the Division of Workers' Compensation, the New Jersey Appeal deadline for filing a New Jersey notice of appeal is within 45 days of their filing.  For New Jersey appeals from final judgments terminating parental rights, the New Jersey Appeal deadline for filing a New Jersey notice of appeal is within 21 days of their filing.  For New Jersey appeals from appeals from final decisions or actions of state administrative agencies or officers, other than appeals from judgments of the Division of Workers' Compensation and other than those governed by R. 8:2 (tax matters) and by R. 4:74-8 (Wage Collection Section appeals), the New Jersey Appeal deadline for filing a New Jersey notice of appeal is within 45 days from the date of service of the decision or notice of the action taken.    


WHEN IS A NEW JERSEY APPEAL DEADLINE TOLLED OR STOPPED?
To understand how to file a New Jersey Court Appeal, you must understand about the stopping or “tolling” of certain New Jersey appeal deadlines.  The running of the time for taking an appeal and for the service and filing of a notice of petition for certification shall be tolled or stopped:
(a) By the death of an aggrieved party, or by the death, disbarment, resignation or suspension of the attorney of record for such party, but the time shall run anew from the date of death, disbarment, resignation or suspension; or
(b) By the timely filing and service of an application for reconsideration made to the Appellate Division pursuant to R. 2:11-6 or, on an appeal to the Appellate Division from a state administrative agency or officer, to the agency pursuant to its rules and practice, but the remaining time shall again begin to run from the date of the entry of the Appellate Division order denying such application or the date of service of the decision or denial of such application by the agency; or
(c) In criminal actions on an appeal to the Appellate Division by the timely filing and service of a motion to the trial court for judgment pursuant to R. 3:18-2, or for a new trial pursuant to R. 3:20, or in arrest of judgment pursuant to R. 3:21-9, or for rehearing or to amend or make additional findings of fact pursuant to R. 1:7-4. The remaining time shall again begin to run from the date of the entry of an order denying or disposing of such a motion; or
(d) In criminal actions by the insanity of the defendant, but the time shall run anew from the date of the removal of such disability; or
(e) In civil actions on an appeal to the Appellate Division by the timely filing and service of a motion to the trial court for rehearing or to amend or make additional findings of fact pursuant to R. 1:7-4; or for judgment pursuant to R. 4:40-2; or for a new trial pursuant to R. 4:49-1; or for rehearing or reconsideration seeking to alter or amend the judgment or order pursuant to R. 4:49-2. The remaining time shall again begin to run from the date of the entry of an order disposing of such a motion.


WHAT IS THE NEW JERSEY APPEAL DEADLINE FOR FILING A NEW JERSEY NOTICE OF CROSS APPEAL?
The New Jersey Appeal deadline for filing a New Jersey notice of cross appeal from final judgments, orders, administrative decisions or actions and cross appeals from orders as to which leave to appeal has been granted within 15 days after the service of the New Jersey notice of appeal or the entry of an order granting leave to appeal. A respondent on appeal may appeal against a non-appealing party by serving and filing a notice of appeal and, where required under R. 2:5-1(a), a Case Information Statement, within the time fixed for cross appeals. Applications for leave to 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).


NEW JERSEY NOTICE OF APPEAL TIME EXTENSIONS AND NEW JERSEY NOTICE OF PETION FOR CERTIFICATION TIME EXTENSIONS 
The time within which an appeal may be taken may not be extended except upon motion and in accordance with the following:
(a) The appellate court, on a showing of good cause and the absence of prejudice, may extend the time fixed by R. 2:4-1(a) (final judgment), 2:4-1(b) (final state administrative decisions), and 2:12-3(a) (certification of final judgment of the Appellate Division) for a period not exceeding 30 days, but only if the New Jersey notice of appeal or notice of petition for certification was in fact served and filed within the time as extended.
(b) The appellate court, on a showing of good cause and the absence of prejudice, may:
(1) Extend the time fixed by R. 2:5-6(a) (interlocutory orders, decisions and actions) for a period not exceeding an additional 15 days.
(2) Grant leave to appeal as within time from an interlocutory order, decision or action, provided that the appeal was in fact taken within the time for appeals from final judgments, decisions or actions.
(c) The appellate court may extend the time fixed by R. 2:4-2(a) (cross appeals and appeals by respondents as of right), 2:5-6(b) (cross appeals), 2:12-2(a) (motion for certification of appeal pending unheard in the Appellate Division) and 2:12-3(b) (cross petition for certification), for such period as it deems reasonable.


WHAT IS THE NEW JERSEY APPEAL DEADLINE FOR FILING A NEW JERSEY INTERLOCUTORY APPEAL? 
(a) Appeals. Applications for leave to appeal from interlocutory orders of courts or of judges sitting as statutory agents and from interlocutory decisions or actions of state administrative agencies or officers shall be made by serving and filing with the court or agency from which the appeal is taken and with the appellate court a notice of motion for leave to appeal, as prescribed by R. 2:8-1, within 20 days after the date of service of such order, administrative decision or notice of such administrative action. If, however, a motion to the trial court for reconsideration of the order from which leave to appeal is sought is filed and served within 20 days after the date of its service, the time to file and serve the motion for leave to appeal in the Appellate Division shall be extended for a period of 20 days following the date of service of an order deciding the motion for reconsideration. The filing of a motion for leave to appeal shall not stay the proceedings in the trial court or agency except on motion made to the court or agency which entered the order or if denied by it, to the appellate court.
(b) Cross Appeals. Applications for leave to cross appeal from interlocutory orders and administrative decisions or actions as to which leave to appeal has not already been granted shall be made by serving and filing with the appellate court a notice of motion within 20 days after the date of service of the court order or administrative decision appealed from or after notice of the agency or officer's action taken or, if no cross motion is filed, within 20 days following decision of a motion for reconsideration as provided by R. 2:5-6(a). If an appeal from an interlocutory order, decision or action is allowed, an application for leave to cross appeal (if the application has not been previously denied) may be made by serving and filing with the appellate court a notice of motion within 10 days after the date of service of the order of the appellate court allowing the appeal.
(c) Notice to the Trial Judge or Officer; Findings. A party filing a motion for leave to appeal from an interlocutory order shall serve a copy thereof on the trial judge or officer who entered the order. If the judge or officer has not theretofore filed a written statement of reasons or if no verbatim record was made of any oral statement of reasons, the judge or officer shall, within 5 days after receiving the motion, file and transmit to the clerk of the Appellate Division and the parties a written statement of reasons for the disposition. The statement may also comment on whether the motion for leave to appeal should be granted on the ground, among others, that a controlling question of law not theretofore addressed by an appellate court of this state is involved and that the grant of leave to appeal may materially advance the ultimate resolution of the matter. Any statement of reasons previously made may also be amplified.


NEW JERSEY APPEAL EXTENSIONS OF TIME, NEW JERSEY APPEAL ACCELERATONS OF TIME AND NEW JERSEY APPEAL ADJOURNMENTS
The time fixed by the New Jersey Appeal Rules for the taking of any proceeding on appeal or certification may not be extended by consent of the parties. Such extension may, however, be granted by order for good cause shown unless otherwise provided by Rule. The time schedule may be accelerated on the court's own motion or on the motion of a party. Adjournments, extensions with consent, and accelerations of time may be granted by the Chief Justice, or the Clerk of the Supreme Court acting under the direction of the Chief Justice, or by the presiding judge of a part of the Appellate Division or the Clerk of the Appellate Division acting under the direction of the presiding judge.


WHAT DOES IT COST TO FILE AN APPEAL?
To understand how to file a New Jersey Court Appeal, you must understand about appeal fees and costs
A $200 filing fee is required to file a notice of appeal, and a $30 filing fee is required to file a motion for leave to appeal. If your appeal is a civil appeal instead of a criminal appeal, a certain number of days after you file the notice of appeal, you must deposit $300 in costs with the court which you may not get back if you lose the appeal.  You must also order a transcript and the price of transcripts is determined by the appropriate court reporter – the typical suggestion is to budget $500 per day of transcript that you must order for the appeal.   Appeal papers must also be copied and bound and it is not unusual for coping and binding costs to exceed $100.   


WHERE DO I FILE AN APPEAL?
To understand how to file a New Jersey Appeal, you must understand where to file the appeal.  You deliver or forward your appeal papers to the following court:
Appellate Division Clerk's Office
P.O. Box 006, Trenton, New Jersey, 08625
Phone: (609) 292-4822


DIRECTIONS TO THE APPELLATE DIVISION


VIA NEW JERSEY TURNPIKE 
From north, take Exit 7A. Get on I-195 West. After intersection with I-295, stay in leftmost lane and take exit for Route 29 North/Lambertville. Stay on Route 29 North through the Trenton Tunnel. Take the Market Street exit. Turn right at first light onto Trent Place. Turn right into parking lot behind Trent House (at end of brick wall). 
From south, take Exit 7. Get on Route 206 North. When 206 merges for about one-half mile with Route 130 North, get in left lane and stay on Route 206 North (Broad Street). Take Broad Street into Trenton to corner of Market Street (Joe's Mill Hill Saloon is on the right, Mercer County Court House is across the street on the left). Turn left onto Market Street. Turn left at the first light. Turn right at the first right to the road between the Justice Complex and the employee parking lot. At stop sign, go straight across Warren Street into the parking lot behind Trent House (at end of long, red brick wall). 
VIA I-295 FROM SOUTH JERSEY 
Take I-295 North to I-195 West Stay in leftmost lane and take exit for Route 29 North/Lambertville. Stay on Route 29 North through the Trenton Tunnel. Take the Market Street exit. Turn right at first light onto Trent Place. Turn right into parking lot behind Trent House (at end of brick wall). 
VIA I-95 FROM PENNSYLVANIA 
Take I-95 North to Exit 46. Get on Route One North to Morrisville. After about 4 1/2 miles the road splits. Take the right fork, staying on Route One to Trenton. As you cross over the Delaware River, get into the right lane. Take the first exit to the right at the foot of the bridge. Go two blocks and turn right onto Route 29 North. Take the second right exit onto Route 33/Market Street. Turn right at the first traffic light onto Trent Place. At the end of the brick wall, turn right into a huge parking lot and find visitor's parking. 
VIA TRAIN
From the North, take any New Jersey Transit train, which originates in New York City at Penn Station (33rd & 7th Avenue), or Amtrak train to the Trenton Station. From the South, take Amtrak or SEPTA to the Trenton Station. 
The train station is about eight blocks (about a twenty-minute brisk walk) from the Hughes Justice Complex. To walk to the Complex, exit the train station on the R. Wallenberg Avenue side. Go down the hill on Wallenberg, follow signs for pedestrians to take, and turn right onto Market Street. Follow Market Street for about five blocks (passing the Mercer County Court House on Broad Street). The Justice Complex will be on your left. Taxis and a bus are available for those who do not wish to walk. 
VIA ROUTE ONE 
Take the US Highway 1 South Ramp. Take the exit towards the "Capitol Complex-Last Exit Before Toll" or "Warren Street." Go straight at bottom of ramp. At stop sign, go straight across Warren Street into the parking lot. 


WHAT DOES THE TERM “PRO SE” MEAN IN AN APPEAL?
If you are not represented by a lawyer in an appeal, you are called a “pro se litigant”.  When you are a pro se litigant, you must always keep in mind that the court is not there to tell you what to do and when to do it!   The court only notifies you of some dates and deadlines but not necessarily all of them.    If you can’t afford a lawyer to handle your appeal you may hire an experienced New Jersey appellate attorney to provide you with help for you to handle your case yourself.


WHAT ARE THE PENALTIES FOR FAILING TO FOLLOW THE COURT RULES?
To understand how to file a New Jersey Appeal, you must understand about what happens if you fail to follow the court rules.  Failure properly to prosecute or defend an appeal or proceedings for certification shall be ground for such action as the appellate court deems appropriate, including, but not limited to, dismissal of the appeal or petition, imposition of costs or attorney's fees or such other penalty as may be assessed personally against the attorney or pro se party.


DOES THE FILING OF AN APPEAL AUTOMATICALLY STOP EFFORTS TO COLLECT A JUDGMENT OR ENFORCE A COURT ORDER OR COURT DECISION?
To understand how to file a New Jersey Appeal, you must understand about what happens to the judgment while the appeal is waiting to be decided.   Filing a New Jersey notice of appeal does not automatically stop or stay the judgment, order or decision being appealed.  To get a stay while the appeal is waiting to be decided by the court, you must file a motion with the trial court or agency from which you are taking the appeal for that stay and if that trial court or agency denies the motion, you may then file a motion for stay with the Appellate Division.   However, stays are infrequently granted and it often requires the posting of a bond or money with the court for the judgment. 


WHAT IS A TRANSCRIPT AND HOW DO I GET A TRANSCRIPT?
To understand how to file a New Jersey Appeal, you must understand about what a transcript is and how to get one.  A Court transcript is a written record of hearings held in Court in a particular Court case.  


HOW DO I ORDER THE TRANSCRIPT? 
To understand how to file a New Jersey Court Appeal, you must understand about ordering transcripts.   Most often, the first step to file a Court appeal is to order one or more Court transcripts, since you often have to provide proof that you ordered the Court transcripts with your appellate papers.  In some cases, there is no transcript made of the Court trial court’s consideration of the Court Judgment, Court order or Court decision because the Court prepared a written memorandum/decision, order or judgment.  However, in many cases, the Court’s proceedings are transcribed or recorded and if this occurs, you must order a copy of the Court transcript. It may be possible to have the Court transcript abbreviated, such as in the 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 Court.  To order a transcript, contact the county supervisor of court reporters, the Court clerk or agency regarding the details of ordering the Court transcript, such as its estimated cost and the amount you must forward as a deposit for the Court transcript’s preparation.  If a Court Appealing party fails to timely order the Court transcript, they may face penalties.  If the Plaintiff or Defendant filing the Court Appeal already has a copy of the Court transcript that is the subject of the Court Appeal, they do not have to order another copy.  Instead, the Court appealing party must certify on their Notice of Appeal that they have a copy of the Court transcript.  A form for ordering Court Appeal transcripts is normally available in the Court Appeal appendix of the Court Rules and normally appears on the Courts’ website.  The standard Court Appeal transcript request form seeks the following information about Court Appeals:
the caption or title of the Case as it appears on the papers from the Court from which you are Appealing.
the Court docket number. 
if a municipal Court Appeal, enter the Law Division docket number.
the county and the name of the 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 Court reporter.
if the proceedings were sound recorded, the name and address of the Court clerk of the Court trial judge. 
if you do not know the name of the 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 Court transcript request.  
if you do not know the name of the Court clerk, call the Court trial judge's chambers and ask for that and their mailing address and include that information on the Court transcript request.
Since the Court transcript is being requested to file a 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 Court trial judge’s name who heard each proceeding.
the amount of the deposit. 


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


The Trial court is the Court that initially decides a case and Court Appeals are normally taken from such decisions.  For purposes of this article, the term “trial court” shall refer to the Court trial court that decides your case in whole or part by entering a Court judgment, order or decision that a Party seeks to appeal.  Generally, Court Appeals can only be taken from Final judgments or Court orders that resolve all issues in a Court case.  To appeal a final judgment that resolves all issues in the 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 – Court Appeals are not heard by the Court and you should not try to file an appeal from a Court decision, judgment or order with the Court or with the your county courthouse!  If you miss the 45 day 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 Court Appeal deadline expires by filing a New Jersey motion with the New Jersey Appellate Division.  


PREPARE AND FILE THE NEW JERSEY NOTICE OF APPEAL 
To understand how to file a New Jersey Court Appeal you must understand how to prepare a New Jersey Notice of Appeal and New Jersey Appellate Case Information Statement.   To file a Court Appeal you must prepare, file a New Jersey Notice of Appeal.   An appeal from a 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 Court transcript request to the Court from which the Court Appeal is taken.   The New Jersey Notice of Appeal filed with the Appellate Division must have a New Jersey Appellate Case Information Statement in the form required by the 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.  


PREPARE AND FILE THE NEW JERSEY APPELLATE CASE INFORMATION STATEMENT?
To understand how to file a New Jersey Appeal you must understand what a New Jersey Appellate Case Information Statement is.   In addition to the filing of the New Jersey Notice of Appeal, to file a Court Appeal the Appellant prepares and files the New Jersey Appellate Case Information Statement which are forwarded to all other parties and forwarded by ordinary mail to the Court trial judge who decided the Case in the Court.   Within 15 days thereafter, the Court trial judge may file and mail to the Plaintiffs or Defendants an amplification of a prior statement, opinion or memorandum made either in writing or orally and recorded pursuant to the Court Rules.  If there is no such prior statement, opinion or memorandum, the Court trial judge, agency or officer shall, within such time, file with the New Jersey Appellate Division Clerk’s Office and mail to the Plaintiffs or Defendants a written opinion stating findings of fact and conclusions of law.  


WHAT INFORMATION DO I INCLUDE IN THE NEW JERSEY NOTICE OF APPEAL?
To understand how to file a New Jersey Court Appeal, you must understand that careful preparation of your notice of appeal is very important!  Since every 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 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 Courts and forms are often made available on the Court website.   In Appeals, the New Jersey Notice of Appeal to the New Jersey Appellate Division must:
State the name and address of the Plaintiff or Defendant taking the 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 Court Appeal
State the Court judgment, decision, action or rule, or part thereof appealed from, the name of the Judge who sat below and the name of the Court, from which and to which the 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 Court trial judge, agency or officer. 
certify payment of filing fees required by New Jersey Statute Annotated 22A:2. 
certify compliance with Court Rule 2:5-1(f)(2)(filing of a New Jersey Appellate 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 Court Rule 2:5-3(a) (request for transcript) and 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 Court transcript was ordered, the date ordered, and the fact of deposit, affixing a copy of the actual request for the Court transcript to the New Jersey Notice of Appeal.


WHAT INFORMATION DO I INCLUDE IN THE NEW JERSEY APPELLATE CASE INFORMATION STATEMENT?   
To understand how to file a New Jersey Appeal, you must understand that careful preparation of your case information statement is very important!  Since every 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 Appeal Case Information Statement shall have attached to it a copy of the Final judgment, order or decision appealed from except 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 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 Court's own motion, dismissal of the Court Appeal.


WHAT IF MY COURT APPEAL CONCERNS WHETHER A FEDERAL, STATE, OR LOCAL ENACTMENT IS VALID?
The Plaintiff or Defendant raising the issue on a Court Appeal serves notice of the Court Appeal on the appropriate official as provided by Court Rule 4:28-4 unless he or she is a Party to the Court Appeal or has received notice of the action in the 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 COURT APPEAL?
To understand how to file a New Jersey Appeal, you must understand about depositing costs for civil appeals.  In most Civil Court Appeals, in addition to filing fees, the Plaintiff or Defendant taking the Court Appeal must deposit a sum of money with the New Jersey Appellate Division for the “costs” of the Court Appeal.  The sum must be deposited within 30 days of the Court Appeal’s filing.  There are exceptions to this rule and you should consult with a licensed New Jersey attorney familiar with Court Appeals to learn more about such exceptions. 


WHAT IF I DON’T HAVE ENOUGH MONEY TO PAY THE FILING FEES FOR A COURT APPEAL?
If you had indigent status in the 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 Court Appeal.  If you are seeking indigent status for the first time during the filing of your 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 Court Appeal, you may still have to pay for the Court transcript of the hearing or trial that is being Court Appealed.


WILL THE COURT APPOINT AN ATTORNEY TO REPRESENT ME IN MY CIVIL COURT APPEAL?
To understand how to file a New Jersey Appeal, you must understand that for a civil appeal you won’t normally be entitled to a free attorney.   It is uncommon for the New Jersey Appellate Division to appoint attorneys free of charge to represent parties involved in civil Court Appeals.   If you need an attorney’s help, seek the services of an experienced New Jersey appeal lawyer.   Even if you can’t afford full representation for your appeal, before you file your appeal papers, speak with an experienced New Jersey appellate attorney about getting New Jersey pro se appeal help!   Appeals are very complex and most people handling their own appeals make mistakes when doing so.    


WHAT IF I WANT TO APPEAL A COURT DECISION THAT IS NOT FINAL AS TO ALL ISSUES AND PARTIES IN A CASE (INTERLOCUTORY COURT APPEALS)?
To understand how to file a New Jersey Court Appeal, you must understand about interlocutory court appeals.   Many Court decisions fail to decide all issues in a case as to all parties and thus, are not generally considered Court “final” judgments or orders.  If you do not have a Final judgment or order, you do not likely have standing to take a Court Appeal and you usually must take further steps, such as filing a New Jersey motion, to perfect your Court Appeal.  Court Appeals of decisions that do not resolve all issues in the Case as to all parties are called “interlocutory appeals”.   Court interlocutory appeals generally require the Plaintiff or Defendant taking the Court Appeal to file a New Jersey motion for leave to appeal with the New Jersey Appellate Division asking it to permit the Plaintiff or Defendant appealing to appeal the decision.  Certain motions must be made within 20 days of the service of the Court Judgment, Court order or Court decision.  Motion practice in the New Jersey Appellate Division has its own set of rules that a Party must follow when filing such motions.  Another approach that might be available to a Party seeking to appeal an order which is not considered final is to file a New Jersey motion with the Court asking it to “certify” the Court Judgment, Court order or Court decision that you seek to appeal as “final.”    The New Jersey motion for leave to appeal may have to be made within 20 days of the service of the Court Judgment, Court order or Court decision.  If you make a New Jersey motion for certification of a judgment, order or decision and it is granted, then you may file a Court Appeal in normal fashion without having to file a New Jersey motion for leave to appeal with the Appellate Division for it to consider whether to accept an interlocutory Court Appeal.


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


DO I HAVE TO FILE A NEW JERSEY NOTICE OF APPEAL IF THE COURT GRANTS MY NEW JERSEY MOTION FOR LEAVE TO APPEAL OR TO PROCEED AS AN INDIGENT?
An order of the Appellate Division granting an interlocutory Court Appeal or on a 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 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 Court Appeal shall be deemed pending and the Appellant, or the New Jersey Appellate Division Clerk’s Office ( if the Appellant appears pro se) shall immediately so notify all parties or their attorneys; the clerk of the Court or state administrative agency or officer from which the Court Appeal is taken; the Court trial judge if the Court Appeal is from a judgment or order of a Court sitting without a jury or if in an action tried with a jury and the Court Appeal is from an order granting or denying a new trial or a New Jersey motion for judgment notwithstanding the verdict.  The 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 APPEAL PAPERS IN THE SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION  ONCE AN APPEAL IS FILED
To understand how to file a New Jersey Appeal, you must understand about New Jersey Court Appeal deadlines after an appeal is filed.  You must follow the court rules about New Jersey Court Appeal deadlines to avoid having your appeal dismissed or facing other court imposed penalties!
within 10 days of the Court appealing party’s receiving the complete transcript, but no later than at the time of filing the Court appealing party's brief, the Court appealing party must provide one copy of the Court transcript to any one party responding to the Court Appeal, to be shared by all the Plaintiff or Defendant responding to the Court Appeals.
the Court appealing party must serve and file a brief and Court Appeal appendix either:  (1) within 45 days after the delivery of the Court transcript, if a verbatim record was made of the Trial court proceedings; (2) if the Court transcript was delivered prior to the filing of the New Jersey Notice of Appeal or if no verbatim record was made of the Trial court proceedings, within 45 days of the filing of the Court Appeal; (3) on a 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 Court Appeal, whichever is later.
A Party responding to the Court Appeal shall serve and file a brief and Court Appeal appendix, if any, in 30 days after receiving the Court appealing party's brief and Court Appeal appendix.
The Court appealing party may serve and file a Court Appeals reply brief within 10 days after receiving the party responding to the Court Appeal's brief.
If there is a Cross Appeal before the New Jersey Appellate Division in your case, the Court Appeal briefing schedule is similar to that outlined above but the Court appealing party has 30 days to file a brief in response to the Cross Appeal and the Plaintiff or Defendant responding to the original Court Appeal has 10 days to file a Court Appeals reply.
Regardless of the above 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 Plaintiffs or 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 COURT APPEAL WAS FILED!


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


CAN I RELY ON APPEAL COURT PERSONNEL FOR LEGAL ADVICE?
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.  Most court employees are not trained lawyers and therefore, they may not know what advice to give you.  Working at the court as a non-judge is not always the same as practicing law.  If you are serious about winning your case, consider getting New Jersey appeal help from an experienced New Jersey appellate attorney.


ARE YOU CONSIDERING TAKING AN APPEAL?
Appeals are very complex.  Therefore, consider using an experienced New Jersey Appeal Lawyer.  After all, your appeal may be your last chance to win your case. A civil appeal will cost you at least $500 even without help from an experienced New Jersey appellate attorney.  Why waste money on an appeal with no chance of success because you are trying to figure out how to properly prepare your paperwork?  Don’t take a chance with such an important process!  Consider affordable New Jersey appeal help from an experienced New Jersey Appeal Lawyer.  Appeals are not like cases handled in Special Civil Part, Law Division or Chancery Division, Family Part – if you handled your case there, don’t expect to just do the same thing and win your appeal!  The appeal rules are different from the rules in those courts and very complex.  With affordable New Jersey appeal help, you may have the edge you need to win the appeal!


USE AN EXPERIENCED NEW JERSEY APPELLATE ATTORNEY TO HANDLE YOUR APPEAL
Is a deadline for a New Jersey appellate brief coming up?  Thinking of filing a New Jersey appeal but unfamiliar with how to draft a New Jersey appellate brief or to prepare a New Jersey appellate appendix?  Are you ready to file a New Jersey appeal but need guidance on what issues to bring to the New Jersey appellate court’s attention?  Were you served with a New Jersey notice of appeal and you are faced with defending against a New Jersey appeal? As appellate deadlines come closer, consider affordable New Jersey appeal help from an experienced New Jersey Appeal Lawyer. Let an experienced New Jersey Appellate Attorney make sure that your appeal is properly prepared.  New Jersey appeals are complex and New Jersey appellate briefs usually take dozens of hours to prepare properly.   Mr. DePetris has worked on at least 20 New Jersey appeals and prepared at least 20 appellate briefs along with many appellate appendix.  Don’t take a chance with your New Jersey appeal.  Use the affordable New Jersey Appeal help of an experienced New Jersey Appeal Lawyer.   


IF I AM REPRESENTING MYSELF IN AN APPEAL, WHY DO I NEED AFFORDABLE NEW JERSEY APPEAL HELP FROM AN EXPERIENCED NEW JERSEY APPELLATE ATTORNEY? 
If you face an appeal be sure to use the services of an experienced New Jersey Appellate Attorney.  Appeals are not like trial court motions - attorneys must follow very specific and demanding rules and deviation from those rules could result in the imposition of sanctions.  For example, there are strict guidelines for how proofs are presented on appeals.  Accordingly, people are not always permitted to present to an appellate court all the proofs that they believe are relevant to the appeal.  It is not uncommon for an appellate brief to require hundreds of citations to the record.  Format of appellate papers is in large part specified by the Appellate Rules.  Failure to follow the rules correctly can have serious consequences.  Use the services of an experienced New Jersey Appeal Lawyer to make certain that your appeal papers comply with those Rules.  The standard of review for New Jersey appeals may be different from trial court standards for deciding issues before them. Failure to properly frame the issues via the appellate brief could be fatal to one's New Jersey appeal.  Appellate courts expect a higher standard of writing than that found in the typical trial court brief.  Motions filed in the Appellate Division follow different procedures than motions filed in trial courts. Not all issues presented to a trial court are worthwhile to present to an Appellate Court.  Arguing irrelevant or nominal issues on your appeal may hurt rather than help your chances of appealing a lower court decision.  Let an experienced New Jersey Appeal Lawyer handle your appeal or provide you with New Jersey appeal help while you represent yourself in the appeal. 


WHAT NEW JERSEY APPEAL EXPERIENCE DOES THE FIRM HAVE?
Consider an experienced New Jersey Appellate Attorney to handle your appeal.  Paul DePetris has:
Worked on at least 20 New Jersey appeals.
Written at least 20 appellate briefs on a wide variety of subjects.
Written appellate briefs for many law firms on a wide variety of substantive and procedural issues.  
Helped law firms prosecute and defend New Jersey appeals.
Helped law firms oppose motions filed in appellate courts.
Counseled law firms on the details of New Jersey appellate practice.
Helped law firms to overturn trial court decisions.


Mr. DePetris is also the published legal 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)
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.
For a no obligation phone consultation with an experienced New Jersey Appellate Attorney, call the Law Office of Paul DePetris at 609-714-2020 or send the firm an email.


WHY SHOULD YOU CONDISER AFFORDABLE NEW JERSEY APPEAL HELP?
Affordable New Jersey appeal help can avoid many headaches in a case.  Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!!   Do it right the first time by seeking help from an experienced New Jersey Appeal lawyer!  Many Jersey pro se parties make the mistake of not consulting an experienced New Jersey Appeal lawyer before filing appeal papers only to later learn that they made serious mistakes that could cause them to lose their case.  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.  Working at the Court as a non-judge is not the same as practicing law.   Let the Law Office of Paul DePetris help you with your case.  You do not always have to pay expensive legal fees to get affordable New Jersey appeal help.  To receive a no cost phone consultation about Affordable New Jersey appeal help, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris. 


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