An appeal The life of an appeal in New Jersey, step by step: every station, its clock, and the Rule of Court behind it

The line at a glance

Every stop the paper makes, in order. Tap a stop to jump to it.

1. A1Notice of appealWithin 45 days of entry of the final judgment; 21 days in a termination-of-parental-rights or adoption case
   1. If the order is interlocutory: L1 to L2, then back at A2.
   2. L1Motion for leave to appealWithin 20 days after service of the interlocutory order; a timely motion for reconsideration below adds 20 days after that motion is decided
   3. L2Leave granted: the order stands in for the notice of appealCase Information Statement within 10 days of the order granting leave
   1. If the judgment must be held still while the appeal runs: St1, then back at A6.
   2. St1Stay pending appealMotion to the trial court first, any time before oral argument or submission above; then to the Appellate Division
2. A2Transcript request and depositRequest served no later than the notice of appeal; deposit when the reporter or transcription agency names the price
3. A3Case Information StatementAppellant's with the notice of appeal; respondent's within 15 days after service of the notice of appeal; amended whenever an entry changes
4. A4Appellant's brief and appendixWithin 45 days after the transcript is delivered to the appellant; 45 days from the notice of appeal if there is no transcript to wait for
5. A5Answering brief and replyRespondent's brief within 30 days after service of the appellant's brief; reply within 14 days after service of the respondent's brief
6. A6Calendar and oral argumentRequest for argument, as a separate filing, within 14 days after service of the respondent's brief; argued or submitted in order of perfection
7. A7DecisionJudgment is entered the day the opinion is filed; a motion to stay it within 20 days of entry
8. A8Petition for certification to the Supreme CourtNotice of petition within 20 days after entry of the Appellate Division's judgment; a cross petition within 10 days after that

Stop by stop

1. A1 Notice of appeal

   Clock: Within 45 days of entry of the final judgment; 21 days in a termination-of-parental-rights or adoption case

   The appeal is taken by filing three papers at once, in the trial court and in the Appellate Division, and serving every party who appeared: the notice of appeal (the Appendix IV form), the transcript request form, and the Case Information Statement. The 45 days run from the entry of the judgment, not from the day you learned of it. A copy of all three goes to the trial judge, who has 30 days to amplify the reasons given below.

   What the rule says 3 sources

   “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 shall be filed within 45 days of their entry. Appeals from final judgments terminating parental rights and appealable orders in adoption matters shall be filed within 21 days of their entry.”

   R. 2:4-1(a) · as code

   “An appeal from the final judgment of a court is taken by filing with the court from which the appeal is taken and the appellate court, and serving those identified in paragraph (b) of this rule with: a notice of appeal in the format required by paragraph (f) of this rule; a transcript request form in the format required by paragraph (g) of this rule or the certifying of compliance with R. 2:5-3(c); and a case information statement in the format required by paragraph (h) of this rule.”

   R. 2:5-1(a) · as code

   “The appellant must provide a copy of the notice of appeal, transcript request form, and case information statement to the trial judge or the administrative agency or officer who rendered the decision under review.”

   R. 2:5-1(c) · as code

   Fork. If the order is interlocutory, the paper leaves the main line here for L1 and comes back at A2.

   Fork. If the judgment must be held still while the appeal runs, the paper leaves the main line here for St1 and comes back at A6.

2. Side rail. If the order is interlocutory: L1 to L2, off the main line at A1.

   1. L1 Motion for leave to appeal

      Clock: Within 20 days after service of the interlocutory order; a timely motion for reconsideration below adds 20 days after that motion is decided

      An order that does not end the case is not appealable as of right. The party asks the Appellate Division for leave by a notice of motion filed both below and in the appellate court, and the court grants it only in the interest of justice. The motion by itself stays nothing in the trial court; a stay has to be asked for separately, first below and, if refused, above. The trial judge gets a copy and, if no reasons were put on the record, files a written statement of reasons within 10 days.

      What the rule says 3 sources

      “the Appellate Division may grant leave to appeal, in the interest of justice, from an interlocutory order of a court or of a judge sitting as a statutory agent, or from an interlocutory decision or action of a state administrative agency or officer, if the final judgment, decision or action thereof is appealable as of right pursuant to R. 2:2-3(a) and R. 2:2-3(b).”

      R. 2:2-4 · as code

      “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.”

      R. 2:5-6(a) · as code

      “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.”

      R. 2:5-6(a) · as code

   2. L2 Leave granted: the order stands in for the notice of appeal

      Clock: Case Information Statement within 10 days of the order granting leave

      If the Appellate Division grants the motion, its order is the notice of appeal and its date is the filing date. The appeal is pending from that moment. The appellant files the Case Information Statement within 10 days and notifies the parties, the clerk below and the trial judge; if the appellant is pro se, the appellate clerk sends those notices. From here the interlocutory appeal runs on the same rails as any other: transcripts next.

      What the rule says

      “An order of the appellate court granting an interlocutory appeal or, on an appeal by an indigent, waiving the payment of filing fees shall serve as the notice of appeal if no notice of appeal has been filed, and, except as otherwise provided by R. 2:7-1, the date of the order shall be deemed to be the date of the filing of the notice of appeal for purposes of these rules. Within 10 days of the entry of such order, the appellant must file and serve the case information statement in accordance with paragraphs (b) and (h) of this rule.”

      R. 2:5-1(f) · as code

   Rejoins. Back on the main line at A2.

3. A2 Transcript request and deposit

   Clock: Request served no later than the notice of appeal; deposit when the reporter or transcription agency names the price

   If a verbatim record was made below, the appellant serves the transcript request with the notice of appeal, on the Appellate Division transcript unit and on the clerk of the court below, naming the judge and the dates. Then the reporter or agency sets the cost and the appellant deposits it, or $500 for every day of trial or hearing, before anyone starts typing. The whole proceeding is transcribed unless the parties agree in writing, or the trial judge orders on motion, that only part is needed. An indigent appellant may apply for the transcript at public expense in the limited classes of case the rule names.

   What the rule says 3 sources

   “if a verbatim record was made of the proceedings before the court, agency, or officer from which the appeal is taken, the appellant shall, no later than the time of the filing and service of the notice of appeal, serve a request for the preparation of the transcript.”

   R. 2:5-1(g) · as code

   “Unless the necessary transcripts already exist, or unless exempted by subparagraphs (2) or (3), the appellant shall, at the notification of the court reporter or transcription agency, deposit either the estimated cost of the transcript as determined by the reporter, clerk, or agency, or the sum of $500 for each day or fraction thereof of trial or hearing;”

   R. 2:5-3(d) · as code

   “Except if abbreviated pursuant to R. 2:5-3(c), the transcript shall include the entire proceedings in the court or agency from which the appeal is taken, including the reasons given by the trial judge in determining a motion for a new trial, unless a written statement of such reasons was filed by the judge.”

   R. 2:5-3(b) · as code

4. A3 Case Information Statement

   Clock: Appellant's with the notice of appeal; respondent's within 15 days after service of the notice of appeal; amended whenever an entry changes

   The Case Information Statement is the Appendix VII form (Appendix VIII in a criminal appeal). The appellant attaches the judgment or order appealed from, unless it is a clerk's judgment on a jury verdict. The respondent files one too, within 15 days. A missing or stale CIS is a ground for the clerk to reject the notice of appeal or for the court to dismiss the appeal, so every party keeps it current.

   What the rule says 3 sources

   “The Case Information Statement shall be in the form prescribed by the Administrative Director of the Courts as set forth in Appendices VII and VIII to these Rules (civil and criminal appeals, respectively). The appellant’s Case Information Statement shall have annexed to it a copy of the final judgment, order, or agency decision appealed from except final judgments entered by the clerk on a jury verdict.”

   R. 2:5-1(h) · as code

   “The respondent shall file a case information statement within 15 days after service of the notice of appeal.”

   R. 2:5-1(e) · as code

   “Any deficiencies in the completion of the Case Information Statement and any failure to comply with the obligation to file and seasonably amend a Case Information Statement, shall be grounds for such action as the appellate court deems appropriate, including rejection of the notice of appeal or, on application of any party or on the court’s own motion, dismissal of the appeal.”

   R. 2:5-1(h) · as code

5. A4 Appellant's brief and appendix

   Clock: Within 45 days after the transcript is delivered to the appellant; 45 days from the notice of appeal if there is no transcript to wait for

   The transcript starts the briefing clock. Within ten days of the complete set being filed the appellant files the extra copies and serves the transcript; within 45 days of delivery the appellant serves and files the brief and the appendix. The appendix carries the record the court will read: the pleadings and pretrial order, the judgment appealed from, the judge's findings and any charge at issue, the notice of appeal, any unpublished opinions cited, and whatever else the issues need, but never the transcript itself and not the trial-court briefs unless a decision below turned on one.

   What the rule says 3 sources

   “Within ten days after the filing of a complete set of transcripts pursuant to R. 2:5-3(e), the appellant shall file three additional copies with the clerk, as provided by R. 2:6-12(d), and shall serve the transcript as provided by R. 2:6-12(a).”

   R. 2:6-11(a) · as code

   “the appellant shall serve and file a brief and appendix within 45 days after the delivery to appellant of the transcript, if a verbatim record was made of the proceedings below; or within 45 days after the filing of the settled statement of the proceedings, if no verbatim record was made of the proceedings below; or within 45 days of the filing of the notice of appeal if a transcript or settled statement has been filed prior to a filing of the notice of appeal or if no transcript or settled statement is to be filed;”

   R. 2:6-11(a) · as code

   “The appendix prepared by the appellant or jointly by the appellant and the respondent shall contain (A) in civil actions, the complete pretrial order, if any, and the pleadings; (B) in criminal, quasi-criminal or juvenile delinquency actions, the indictment or accusation and, where applicable, the complaint and all docket entries in the proceedings below; (C) the judgment, order or determination appealed from or sought to be reviewed or enforced, including the jury verdict sheet, if any; (D) the trial judge’s charge to the jury, if at issue, and any opinions or statement of findings and conclusions; (E) the statement of proceedings in lieu of record made pursuant to R. 2:5-3(f); (F) the notice or notices of appeal; (G) any unpublished opinions cited pursuant to R. 1:36-3; and (H) 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 appellant should reasonably assume will be relied upon by the respondent in meeting the issues raised.”

   R. 2:6-1(a) · as code

6. A5 Answering brief and reply

   Clock: Respondent's brief within 30 days after service of the appellant's brief; reply within 14 days after service of the respondent's brief

   The respondent answers within 30 days, with an appendix if the appellant's left out something the respondent needs; the appellant may reply within 14 days. When those days run out the appeal is perfected and takes its place on the calendar in the order it was perfected.

   What the rule says

   “The respondent shall serve and file an answering brief and appendix, if any, within 30 days after the service of the appellant’s brief. The appellant may serve and file a reply brief within 14 days after the service of the respondent’s brief.”

   R. 2:6-11(a) · as code

7. Side rail. If the judgment must be held still while the appeal runs: St1, off the main line at A1.

   1. St1 Stay pending appeal

      Clock: Motion to the trial court first, any time before oral argument or submission above; then to the Appellate Division

      Filing the appeal does not stop the judgment. A money judgment or a judgment about property is stayed only on a supersedeas bond, other security, or a cash deposit, unless the court orders otherwise for good cause after notice. The motion goes first to the judge who entered the judgment; if that judge refuses, the same motion can be made to the Appellate Division. After the Appellate Division decides the appeal, a stay pending the Supreme Court is sought from the Appellate Division first.

      What the rule says 3 sources

      “neither an appeal, nor motion for leave to appeal, nor a proceeding for certification, nor any other proceeding in the matter shall stay proceedings in any court in a civil action or summary contempt proceeding, but a stay with or without terms may be ordered in any such action or proceeding in accordance with R. 2:9-5(b).”

      R. 2:9-5(a) · as code

      “A judgment or order in a civil action adjudicating liability for a sum of money or the rights or liabilities of parties in respect of property which is the subject of an appeal or certification proceedings shall be stayed only upon the posting of a supersedeas bond or other form of security pursuant to R. 2:9-6 or a cash deposit pursuant to R. 1:13-3(c), unless the court otherwise orders after notice and on good cause shown.”

      R. 2:9-5(a) · as code

      “A motion for a stay in a civil action or contempt proceeding prior to the date of the oral argument in the appellate court or of submission to the appellate court for consideration without argument shall be made first to the court which entered the judgment or order. Thereafter the motion shall be made to the appellate court. If the motion is denied below, it may be made again to the appellate court; if granted below, the appellate court may entertain a motion to dissolve the stay.”

      R. 2:9-5(b) · as code

   Rejoins. Back on the main line at A6.

8. A6 Calendar and oral argument

   Clock: Request for argument, as a separate filing, within 14 days after service of the respondent's brief; argued or submitted in order of perfection

   The clerk dockets appeals in order and calls them as they are perfected; appeals on leave granted and a few kinds of order appealable as of right go first. In the Appellate Division the default is decision on the papers. Any party may ask for argument by a separate filing within 14 days of the respondent's brief, and one party's request covers everyone. If argument is held, each side gets 15 minutes, the appellant opens and closes, and nobody who did not file or join a brief may speak.

   What the rule says 3 sources

   “The clerk of the appellate court shall enter all appeals upon a docket in chronological order and, except for appeals on leave granted or from orders made appealable as of right pursuant to subparagraphs (5), (6), (8), and (9) of R. 2:2-3(b) which shall be entitled to a preference, cases shall be argued or submitted for consideration without argument in the order of perfection, insofar as practicable, unless the court otherwise directs with respect to a category of cases or unless the court enters an order of acceleration as to a particular appeal on its own or a party’s motion.”

   R. 2:11-1(a) · as code

   “Appeals shall be submitted for consideration without argument, unless argument is requested by one of the parties or unless the court deems oral argument appropriate. A party’s request for oral argument must be submitted, by way of a separate filing, to the clerk no later than 14 days after service of the respondent’s brief.”

   R. 2:11-1(b) · as code

   “Unless the court determines more time is necessary, each party will be allowed 30 minutes for argument in the Supreme Court and 15 minutes in the Appellate Division, but the court may terminate the argument at any time it deems the issues adequately argued.”

   R. 2:11-1(b) · as code

9. A7 Decision

   Clock: Judgment is entered the day the opinion is filed; a motion to stay it within 20 days of entry

   The court files a written opinion on every appeal, and the opinion is the judgment: it says whether the order below is affirmed, reversed or modified, or enters final judgment itself. The clerk mails copies at once to the court below and to the parties. In a civil appeal the panel may affirm without opinion by an order quoting the paragraph of the rule that fits. The Rules of Court in this corpus have no separate mandate step; the opinion's filing date is the date that starts every clock that follows.

   What the rule says 4 sources

   “The court shall file a written opinion upon the final determination of every appeal.”

   R. 2:11-3(a) · as code

   “The opinion of the appellate court shall include its judgment, and no other form of judgment shall be required. It shall state whether the judgment, order or determination below is affirmed, reversed or modified, or it may provide for final judgment dispositive of the action. The date of the filing of the opinion shall be deemed to be the date of the entry of the judgment.”

   R. 2:11-3(b) · as code

   “Forthwith upon the filing of the opinion, the clerk of the appellate court shall mail true copies thereof to the clerk of the court or agency below and to the parties.”

   R. 2:11-3(c) · as code

   “A motion for a stay of an appellate court judgment shall be served ad filed within 20 days of its entry unless the time is enlarged by court order.”

   R. 2:11-3(d) · as code

10. A8 Petition for certification to the Supreme Court

    Clock: Notice of petition within 20 days after entry of the Appellate Division's judgment; a cross petition within 10 days after that

    There is no appeal as of right from the Appellate Division in the ordinary case. The losing party serves a notice of petition for certification on everyone affected and files the original with the Clerk of the Supreme Court, with the fee, and a copy with the Clerk of the Appellate Division, within 20 days of the opinion's filing date. The notice designates the judgment, or the part of it, to be reviewed. The Supreme Court decides whether to take the case; if it does, merits briefs follow on the Supreme Court's own clocks in R. 2:6-11.

    What the rule says 2 sources

    “If certification is sought to review a final judgment of the Appellate Division, the petitioner shall, within 20 days after its entry, serve a copy of a notice of petition for certification upon all parties who may be affected by the proceeding and shall file the original notice with the clerk of the Supreme Court, together with the payment of the appropriate fee pursuant to N.J.S.A. 22A:2, and a copy thereof with the Clerk of the Appellate Division.”

    R. 2:12-3(a) · as code

    “A cross petition for certification to review a judgment of the Appellate Division shall be governed by the rules applying to a petition for certification, except that the notice of cross petition for certification shall be served and filed within 10 days after the service and filing of the notice of petition for certification.”

    R. 2:12-3(b) · as code