Rules of Court · Part 2 · New Jersey
R. 2:12-9 New Jersey Rules of Court, R. 2:12-9: Where Party Appeals and at the Same Time Makes Application for Certification, rendered as code with every cross-reference linked
Where Party Appeals and at the Same Time Makes Application for Certification
(a) A party who seeks certification to review a final judgment of the Appellate Division and also appeals therefrom shall state in the petition for certification all questions intended to be raised on appeal. If the parties file a notice of appeal and a notice of petition for certification and petition for certification in a single matter, merits briefing on the notice of appeal under Rule 2:6-11(a)(2)(B), and the associated deadlines for motions for leave to appear as amicus curiae under Rule 1:13-9(e), shall be tolled until the Court files an order granting or denying certification, unless otherwise directed by the Court.
(b) Except in the case of an appeal as of right pursuant to R. 2:2-1(a)(2), a denial of certification shall be deemed to be a summary dismissal of the appeal, and the Clerk of the Supreme Court shall forthwith enter an order dismissing the appeal, unless the Supreme Court otherwise orders.
Note: Amended July 13, 1994 to be effective September 1, 1994; amended August 1, 2016 to be effective September 1, 2016; text divided into paragraphs (a) and (b), and paragraph (a) amended February 10, 2026 to be effective immediately.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 2:12-9 "Where Party Appeals and at the Same Time Makes Application for Certification" {
(a) A party who seeks certification to review a final judgment of the Appellate Division and also appeals therefrom shall state in the petition for certification all questions intended to be raised on appeal. If the parties file a notice of appeal and a notice of petition for certification and petition for certification in a single matter, merits briefing on the notice of appeal under Rule 2:6-11(a)(2)(B), and the associated deadlines for motions for leave to appear as amicus curiae under Rule 1:13-9(e), shall be tolled until the Court files an order granting or denying certification, unless otherwise directed by the Court.
(b) Except in the case of an appeal as of right pursuant to R. 2:2-1(a)(2), a denial of certification shall be deemed to be a summary dismissal of the appeal, and the Clerk of the Supreme Court shall forthwith enter an order dismissing the appeal, unless the Supreme Court otherwise orders.
Note: Amended July 13, 1994 to be effective September 1, 1994; amended August 1, 2016 to be effective September 1, 2016; text divided into paragraphs (a) and (b), and paragraph (a) amended February 10, 2026 to be effective immediately.
}
referenced_by: none
source: njcourts.gov // verbatim; changed 2026-02-27; corpus harvested 2026-09-02
← R. 2:12-8 · R. 2:12-10 → · chapter 2:12 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.