Criminal Articles from www.NJLaws website: NJ Appellate Court Rules

NJ Appellate Court Rules

RULE 2:1. Scope

Unless otherwise stated, the rules in Part II govern the practice and procedure in the Supreme Court and the Appellate Division of the Superior Court.

2:2-1. Appeals to the Supreme Court From Final Judgments

(a) As of Right. Appeals may be taken to the Supreme Court from final judgments as of right: (1) in cases determined by the Appellate Division involving a substantial question arising under the Constitution of the United States or this State; (2) in cases where, and with regard to those issues as to which, there is a dissent in the Appellate Division; (3) directly from the trial courts in cases where the death penalty has been imposed and in post-conviction proceedings in such cases; (4) in such cases as are provided by law.

(b) On Certification. Appeals may be taken to the Supreme Court from final judgments on certification to the Appellate Division pursuant to R. 2:12.

2:2-2. Appeals to the Supreme Court From Interlocutory Orders

Appeals may be taken to the Supreme Court by its leave from interlocutory orders:

(a) Of trial courts in cases where the death penalty has been imposed.

(b) Of the Appellate Division when necessary to prevent irreparable injury;

(c) On certification by the Supreme Court to the Appellate Division pursuant to R. 2:12-1.

2:2-3. Appeals to the Appellate Division From Final Judgments, Decisions, Actions and From Rules; Tax Court

(a) As of Right. Except as otherwise provided by R. 2:2-1(a)(3) (final judgments appealable directly to the Supreme Court), and except for appeals from a denial by the State Police of an application to make a gun purchase under a previously issued gun purchaser card, which appeals shall be taken to the designated gun permit judge in the vicinage, appeals may be taken to the Appellate Division as of right (1) from final judgments of the Superior Court trial divisions, or the judges thereof sitting as statutory agents; the Tax Court; and in summary contempt proceedings in all trial courts except municipal courts;

(2) to review final decisions or actions of any state administrative agency or officer, and to review the validity of any rule promulgated by such agency or officer excepting matters prescribed by R. 8:2 (tax matters) and matters governed by R. 4:74-8 (Wage Collection Section appeals), except that review pursuant to this subparagraph shall not be maintainable so long as there is available a right of review before any administrative agency or officer, unless the interest of justice requires otherwise;

(3) in such cases as are provided by law.

Final judgments of a court, for appeal purposes, shall also include those referred to by R. 3:28(f) (order enrolling defendant into the pretrial intervention program over the objection of the prosecutor), R. 3:26-3 (material witness order), R. 4:42-2 (certification of interlocutory order), R. 4:53-1 (order appointing statutory or liquidating receiver), R. 5:8-6 (final custody determination in bifurcated family action), and R. 5:10-9 (order on preliminary hearing in adoption action). An order granting or denying a motion to extend the time to file a notice of tort claim pursuant to N.J.S.A. 59:8-9, whether entered in the cause or by a separate action, and any order either compelling arbitration, whether the action is dismissed or stayed, or denying arbitration shall also be deemed a final judgment of the court for appeal purposes. (b) By Leave. On application made pursuant to R. 2:5-6, appeals may be taken to the Appellate Division by leave granted, in extraordinary cases and in the interest of justice, from final judgments of a court of limited jurisdiction or from actions or decisions of an administrative agency or officer if the matter is appealable or reviewable as of right in a trial division of the Superior Court, as where the jurisdiction of the court, agency or officer is questioned on substantial grounds

2:2-4. Appeals to the Appellate Division From Interlocutory Orders, Decisions or Actions

Except as otherwise provided by R. 3:28, 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), but no such appeal shall be allowed in cases referred to in R. 2:2-2(a).

2:2-5. Consequences of Certain Appellate Division Judgments

(a) Interlocutory Orders. A judgment of the Appellate Division on an appeal to it from an interlocutory order, decision or action shall be deemed to be interlocutory and not reviewable by the Supreme Court as a final judgment, unless the judgment of the Appellate Division is dispositive of the action.

(b) Final Judgments. A judgment of the Appellate Division on an appeal to it from a final judgment shall be reviewable by the Supreme Court on certification or, when appropriate, as of right, notwithstanding the remand of the matter by the Appellate Division for further proceedings. If jurisdiction is retained, however, the matter is interlocutory and subject to R. 2:5-6 and R. 2:8-1.

RULE 2:3. Who May Appeal

2:3-1. Appeal by the State in Criminal Actions

In any criminal action the State may appeal or, where appropriate, seek leave to appeal pursuant to R. 2:5-6(a):

(a) to the Supreme Court from a final judgment or from an order of the Appellate Division, pursuant to R. 2:2-2(b) or R. 2:2-3;

(b) to the appropriate appellate court from: (1) a judgment of the trial court dismissing an indictment, accusation or complaint, where not precluded by the constitution of the United States or of New Jersey; (2) an order of the trial court entered before trial in accordance with R. 3:5 (search warrants); (3) a judgment of acquittal entered in accordance with R. 3:18-2 (judgment n.o.v.) following a jury verdict of guilty; (4) a judgment in a post-conviction proceeding collaterally attacking a conviction or sentence; (5) an interlocutory order entered before, during or after trial, or, (6) as otherwise provided by law.

2:3-2. Appeal by Defendant and Others in Criminal Actions

In any criminal action, any defendant, the defendants legal representative, or other person aggrieved by the final judgment of conviction entered by the Superior Court, including a judgment imposing a suspended sentence, or by an adverse judgment in a post-conviction proceeding attacking a conviction or sentence or by an interlocutory order or judgment of the trial court, may appeal or, where appropriate, seek leave to appeal, to the appropriate appellate court.

2:3-3. Joint and Several Appeals

Parties interested jointly, severally or otherwise in a judgment, order, decision or action may join in an appeal therefrom or may appeal separately.

2:3-4. Cross Appeals

(a) To the Appellate Division. A respondent may cross appeal as of right except that if an 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).

(b) To the Supreme Court. A respondent may cross appeal as of right only if such cross appeal meets the requirements of R. 2:2-1(a). Further, if an 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).

2:3-5. Workers Compensation Appeals Involving Employers Only

If the only issue on appeal is which of 2 or more employers or insurance carriers is liable or the proper apportionment of liability between 2 or more employers or insurance carriers, the award entered by the Division of Workers Compensation shall be forthwith paid to the petitioner by the party or parties against whom judgment has been entered, and the appeal shall be taken by the party or parties making the payment. If the original award is altered on appeal the judgment shall be in favor of a party who paid and against the parties finally held responsible for payment, with interest from the date of the payment of the original award.

2:4-2. Time for Cross Appeals and Appeals by Respondents

(a) As of Right. 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 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 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.

(b) Where Leave Is Required. 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).

2:4-3. Tolling of Time for Appeal and Certification

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:

(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.

2:4-4. Extension of Time for Appeal and Review

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 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.

RULE 2:5. How To Appeal

2:5-1. Notice of Appeal; Order in Lieu Thereof; Case Information Statement

(a) Service and Filing in Judicial Proceedings. An appeal from the final judgment of a court is taken by serving a copy of a notice of appeal and the request for transcript upon all other parties who have appeared in the action and, in adult criminal matters, upon the Appellate Section of the New Jersey Division of Criminal Justice, and by filing the originals with the appellate court and a copy of the notice of appeal and the transcript request with the court from which the appeal is taken. In criminal matters when bail pending appeal is sought, the party seeking bail shall present to the sentencing judge a copy of the notice of appeal with a certification thereon that the original has been filed with the appellate court. A notice of appeal to the Appellate Division shall have annexed thereto a Case Information Statement in the form prescribed by paragraph (f) of this rule, and the respondent shall file such a Case Information Statement within 15 days after service upon him of the notice of appeal.

(b) Notice to Trial Judge or Agency. In addition to the filing of the notice of appeal the appellant shall mail a copy thereof, with a copy of the Case Information Statement annexed, by ordinary mail to the trial judge. If the appeal is taken directly from the decision or action of an administrative agency or officer, the appellant shall mail a copy of the notice of appeal, with a copy of the Case Information Statement annexed, to the agency or officer, except that if the appeal is taken from the Division of Workers Compensation, a copy of the notice of appeal shall also be sent to the Workers Compensation judge who decided the matter. Within 15 days thereafter, the trial judge, agency or officer, may file and mail to the parties an amplification of a prior statement, opinion or memorandum made either in writing or orally and recorded pursuant to R. 1:2-2. If there is no such prior statement, opinion or memorandum, the trial judge, agency or officer shall within such time file with the Clerk of the Appellate Division and mail to the parties a written opinion stating findings of fact and conclusions of law. The appellate court shall have jurisdiction of the appeal notwithstanding a failure to give notice to the trial judge, agency or officer, as required by this rule.

(c) Service in Capital Cases. In criminal actions in which the death penalty has been imposed the defendants attorney shall forthwith serve upon the principal keeper of the state prison a copy of the notice of appeal, certified to be a true copy by the clerk of the Supreme Court.

(d) Service in Juvenile Delinquency Actions. If the appeal is from a judgment in a juvenile delinquency action, a copy of the notice of appeal shall be served, within 3 days after the filing thereof, upon the county prosecutor, who shall appear and participate in the appellate proceedings.

(e) Service and Filing in Administrative Proceedings. An appeal to the Appellate Division to review the decision, action or administrative rule of any state administrative agency or officer is taken by serving copies of the notice of appeal upon the agency or officer, the Attorney General and all other interested parties, and by filing the original of the notice with the Appellate Division. Service on the Attorney General shall be made pursuant to R. 4:4-4(a)(7). On an appeal from the Division of Workers Compensation the Division shall not be considered a party to the appeal, and the notice of appeal shall not be served upon the Attorney General unless representing a party to the appeal.

(f) Contents of Notice of Appeal and Case Information Statement; Form; Certifications.

1. Form of Notice of Appeal. A notice of appeal to the Appellate Division may be in the form prescribed by the Administrative Director of the Courts as set forth in Appendix IV of these Rules. The use of said form shall be deemed to be compliance with the requirements of subparagraphs 2 and 3 hereof. A notice of appeal to the Supreme Court shall meet the requirements of subparagraph 3(i), (ii) and the portions of (iii) that address service of the notice and the payment of fees. Notices of appeal in capital causes shall also include the appropriate attorneys certification in respect of transcripts. The notice of appeal to the Appellate Division shall have annexed thereto a Case Information Statement as prescribed by subparagraph 2 of this rule.

2. Form of the Case Information Statement; Sanctions. The Case Information Statement shall be in the form prescribed by the Administrative Director of the Courts as set forth in Appendix VII and VIII of these Rules (civil and criminal appeals, respectively). The appellants 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. In the event there is any change with respect to any entry on the Case Information Statement, appellant shall have a continuing obligation to file an amended Case Information Statement on the prescribed form. Failure to comply with the requirement for filing a Case Information Statement or any deficiencies in the completion of this statement shall be ground 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 courts own motion, dismissal of the appeal.

3. Requirements of Notice of Appeal.

A. Civil Actions. In civil actions the notice of appeal shall set forth the name and address of the party taking the appeal; the name and address of counsel, if any; the names of all other parties to the action and to the appeal; and shall designate the judgment, decision, action or rule, or part thereof appealed from, the name of the judge who sat below, and the name of the court, agency or officer from which and to which the appeal is taken.

B. Criminal, Quasi-Criminal and Juvenile Delinquency Actions. In criminal, quasi-criminal and juvenile delinquency actions the notice of appeal shall set forth the name and address of the appellant; the name and address of counsel, if any; a concise statement of the offense and of the judgment, giving its date and any sentence or disposition imposed; the place of confinement, if the defendant is in custody; the name of the judge who sat below; and the name of the court from which and to which the appeal is taken.

C. All Actions. In addition to the foregoing requirements, the notice of appeal in every action shall certify service of a copy thereof on all parties, the Attorney General if necessary, and the trial judge, agency or officer. In all appeals from adult criminal convictions the notice of appeal shall certify service of a copy thereof and of a copy of the Case Information Statement upon the appropriate county prosecutor and the New Jersey Division of Criminal Justice, Appellate Section. In all actions the notice of appeal shall also certify payment of filing fees required by N.J.S.A. 22A:2. The notice of appeal shall also certify compliance with R.2:5-1(f)(2) (filing of Case Information Statement), affixing a copy of the actual Case Information Statement to the notice of appeal. In all actions where a verbatim record of the proceedings was taken, the notice of appeal shall also contain the attorneys certification of compliance with R. 2:5-3(a) (request for transcript) and R. 2:5-3(d) (deposit for transcript), or a certification stating the reasons for exemption from compliance. Certifications of compliance shall specify from whom the transcript was ordered, the date ordered, and the fact of deposit, affixing a copy of the actual request for the transcript to the notice of appeal.

(g) Order in Lieu of Notice of Appeal. An order of the appellate court granting an interlocutory appeal or, on an appeal by an indigent, waiving the payment of filing fees and the deposit for costs 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 prescribed Case Information Statement in accordance with these rules. Upon the entry of such order the appeal shall be deemed pending, and the appellant, or the clerk of the appellate court if the appellant appears pro se, shall forthwith so notify all parties or their attorneys; the clerk of the court or state administrative agency or officer from which the appeal is taken; the trial judge if the appeal is from a judgment or order of a trial court sitting without a jury or if in an action tried with a jury, the appeal is from an order granting or denying a new trial or a motion for judgment notwithstanding the verdict; and the principal keeper of the state prison if the appeal is in a criminal action in which the death penalty has been imposed. The trial judge shall file an opinion or may supplement a filed opinion as provided in paragraph (b) of this rule.

(h) Attorney General and Attorneys for Other Governmental Bodies. If the validity of a federal, state, or local enactment is questioned, the party raising the question shall serve notice of the appeal on the appropriate official as provided by R. 4:28-4 unless he or she is a party to the appeal or has received notice of the action in the court below. The notice shall specify the provision thereof that is challenged and shall be mailed within five days after the filing of the notice of appeal, but the appellate court shall have jurisdiction of the appeal notwithstanding a failure to give the notice required by this rule.

2:5-2. Deposits for Costs; Application for Dismissal for Default

In all civil appeals the appellant shall, within 30 days after filing the notice of appeal or after entry of an order granting leave to appeal, deposit with the clerk of the appellate court $300 to answer the costs of the appeal. The party making the deposit shall give notice thereof to all other interested parties. If the deposit is not made within the time stated herein the appeal may be dismissed with costs on the application of any party. No deposit for costs shall be required where an appeal is taken by the State or any agency, officer or political subdivision thereof, or by an appellant who has filed a supersedeas bond or made a deposit in lieu thereof pursuant to R. 1:13-3(c), or if leave is granted to appeal as an indigent pursuant to R. 2:7-1.

2:5-3. Preparation and Filing of Transcript; Statement of Proceedings; Prescribed Transcript Request Form

(a) Request for Transcript; Prescribed Form. Except as otherwise provided by R.2:5-3(c), 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 an original and copy of the transcript, as appropriate, (1) upon the reporter who recorded the proceedings and upon the reporter supervisor for the county if the appeal is from a judgment of the Superior Court, or (2) upon the clerk of the court if the appeal is from a judgment of the Tax Court or a municipal court, or (3) upon the agency or officer if the appeal is from administrative action. The appellant may, at the same time, order from the reporter, court clerk, or agency the number of additional copies required by R. 2:6-12 to file and serve. If the appeal is from an administrative agency or officer which has had the verbatim record transcribed, such transcript shall be made available to the appellant on request for reproduction for filing and service. The request for transcript shall state the name of the judge or officer who heard the proceedings, the date or dates of the trial or hearing and shall be accompanied by a deposit as required by R. 2:5-3(d). The request for transcript shall be in a form prescribed by the Administrative Director of the Courts. A copy of the request for transcript shall be mailed to all other interested parties and to the clerk of the appellate court. The provisions of this paragraph shall not apply if the original and copy of the transcript have already been prepared and are on file with the court.

(b) Contents of Transcript; Omissions. 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. The transcript shall not, however, include opening and closing statements to the jury or voir dire examinations or legal arguments by counsel unless a question with respect thereto is raised on appeal, in which case the appellant shall specifically order the same in the request for transcript.

(c) Abbreviation of Transcript. The transcript may be abbreviated in all actions either:

(1) by consent, provided all parties to the appeal agree in writing that only a stated portion thereof will be needed by the appellate court, and in such cases, only those portions of the transcript specified in the writing shall be ordered in the request for transcript, or

(2) by order of the trial judge or agency which determined the matter on appellants motion specifying the points on which the appellant will rely on the appeal. The motion shall be filed and served no later than the time of filing and service of the notice of appeal, and service of the request for transcript prescribed by paragraph (a) of this rule shall be made within 3 days after entry of the order determining the motion.

(d) Deposit for Transcript; Payment Completion. The appellant, if not the State or a political subdivision thereof, shall, at the time of making the request for the transcript, deposit with the reporter or the clerk of the court or agency from whom a transcript is ordered, either the estimated cost of the transcript as determined by the court reporter, clerk or agency, or the sum of $ 500.00 for each day or fraction thereof of trial or hearing. If the appellant is the State or a political subdivision thereof, it shall provide a voucher to the reporter or the clerk or the agency for billing for the cost of the transcript. The reporter, clerk or agency, as the case may be, shall upon completion of the transcript, bill or reimburse the appellant, as appropriate, for any sum due for the preparation of the transcript or overpayment made therefore. If the appellant is indigent and is entitled to have a transcript of the proceedings below furnished without charge for use on appeal, either the trial or the appellate court, on application, may order the transcript prepared at public expense. Unless the indigent defendant is represented by the Public Defender or that office is otherwise obligated by law to provide the transcript to an indigent, the court mayorder the transcript of the proceedings below furnished at the countys expense if the appeal involves prosecution for violation of a statute and at the municipalitys expense if the appeal involves prosecution for violation of an ordinance.

(e) Preparation and Filing. The court reporter, clerk, or agency, as the case may be, shall promptly prepare or arrange for the preparation of the transcript in accordance with standards fixed by the Administrator Director of the Courts. The person preparing the transcript shall deliver the original to the appellant and shall deliver a copy together with a computer diskette or CD-ROM of the transcript to the court reporter supervisor in the case of an appeal from the Superior Court, to the clerk of the court in the case of an appeal from the Tax Court or a municipal court, or to the agency in the case of an administrative appeal. The diskette or CD-ROM shall be in Microsoft Word, Microsoft Word compatible or Adobe PDF format. The person preparing the transcript shall also forthwith notify all parties of such deliveries. When the last volume of the entire transcript has been delivered to the appellant, the court reporter supervisor, clerk or agency, as the case may be, shall certify its delivery on a form to be prescribed by the Administrative Director of the Courts. That transcript delivery certification and a complete set of the transcripts and diskettes/CD-ROMs shall be forwarded immediately to the clerk of the court to which the appeal is being taken. A copy of the certification shall also then be sent to the appellant. The appellant shall serve a copy of the certification on all other parties within seven days after receipt and, if the appeal is from a conviction on an indictable offense, on the New Jersey Division of Criminal Justice, Appellate Section. The appellant shall file proof of such service with the clerk of the court to which the appeal has been taken.

(f) Statement of Proceedings in Lieu of Transcript. If no verbatim record was made of the proceedings before the court or agency from which the appeal is taken, the appellant shall, within 14 days of the filing of the notice of appeal, serve on the respondent a statement of the evidence and proceedings prepared from the best available sources, including the appellants recollection. The respondent may, within 14 days after such service, serve upon the appellant any objections or proposed amendments thereto. The appellant shall thereupon forthwith file the statement and any objections or proposed amendments with the court or agency from which the appeal is taken for settlement and within 14 days after the filing of the same the court or agency shall settle the statement of the proceedings and file it with the clerk thereof, who shall promptly provide the parties with a copy. If a verbatim record made of the proceedings has been lost, destroyed or is otherwise unavailable, the court or agency from which the appeal was taken shall supervise the reconstruction of the record. The reconstruction may be in the form of a statement of proceedings in lieu of a transcript.

2:5-4. Record on Appeal

(a) Contents of Record. The record on appeal shall consist of all papers on file in the 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. The portions of the record that must be included in the appendix filed by appellant are set forth in Rule 2:6-1(a).

(b) Notice of Agency Record. Within 30 days of the service upon it of the notice of appeal the agency or officer from which the appeal is taken shall file in the appellate court a statement of the items comprising the record on appeal and shall serve a copy thereof on each party to the appeal.

(c) Use of Record by Parties. The clerk of the court below or the agency or officer from which the appeal is taken, or the clerk of the Appellate Division if the original transcript is on file there, shall on request deliver the original transcript to the appellant in exchange for a copy. The remainder of the record shall be retained by the clerk or agency 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 or agency and remove the original therefrom, provided a copy thereof remains on file. The failure to return such record may constitute contempt of court.

(d) Use of Record by Court. On the request of a party or of a judge of the appellate court, the clerk of the court or courts below or the agency from which the appeal is taken shall deliver to the clerk of the appellate court for use by counsel at the argument or for the personal inspection by the judges thereof such portions of the record as may be designated.

2:5-5. Correction or Supplementation of Record

(a) Motion to Settle the Record. A party who questions whether the record fully and truly discloses what occurred in the court or agency below shall, except as hereinafter provided, apply on motion to that court or agency to settle the record. The appellate court, on motion, may review such determination or may, on its own motion, order a correction of the record or may direct the court or agency to do so. The making of a motion pursuant to this rule shall toll 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 motion. If the proceedings were sound or video recorded, a party, prior to moving for an order settling the record, may, on notice to all other parties, request the clerk of the court in which the appeal is pending to review the tape thereof to determine whether a particular portion of the 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 transcript shall be deemed so corrected, and a copy of the notification shall be filed. If a party timely objects in writing, that party shall move for correction of the transcript in the court or agency from which the appeal is taken; however, if the appeal has already been calendared, the motion shall be made to the court in which the appeal is pending.

(b) Supplementation of Administrative Record. At any time during the pendency of an appeal from a state administrative agency, if it appears that evidence unadduced in the proceedings below may be material to the issues on appeal, the appellate court, on its own motion or on the motion of any party, may order, on such terms as it deems appropriate, that the record on appeal be supplemented by the taking of additional evidence and the making of findings of fact thereon by the agency below or, in exceptional instances, by a judge of the Superior Court especially designated for that purpose.

2:5-6. Appeals From Interlocutory Orders, Decisions and Actions

(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 officers 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.

2:6-1. Preparation of Appellants Appendix; Joint Appendix; Contents

(a) Contents of Appendix.

(1) Required Contents. 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 judges 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) the transcript delivery certification prescribed by R. 2:5-3(e); (H) any unpublished opinions cited pursuant to R. 1:36-3; and (I) 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. If the appeal is from a summary judgment, the appendix shall also include a statement of all items submitted to the court on the summary judgment motion and all such items shall be included in the appendix, except that briefs in support of and opposition to the motion shall be included only as permitted by subparagraph (2) of this rule.

(2) Prohibited Contents. Briefs submitted to the trial court shall not be included in the appendix, unless either the brief is referred to in the decision of the court or agency, or the question of whether an issue was raised in the trial court is germane to the appeal, in which event only the material pertinent to that issue shall be included. A document that is included in appellants appendix shall not also be included in respondents appendix unless appellants 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 trial court, the document shall be reproduced in the appendix only with the first such pleading or motion and shall be referred to thereafter only by notation to the appendix page on which it appears.

(3) Confidential Documents. If the appellate record is not sealed, any documents that are required to be excluded from public access pursuant to R. 1:38-3 shall be submitted in a separate appendix marked as confidential. The format of the confidential appendix shall in all respects conform with the requirements of this rule.

(b) Form. Documents included in the 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 appendix (e.g., 1a, 2a, etc.).

(c) Binding; Table of Contents. The appendix may be bound with the brief or separately, into volumes containing no more than 200 sheets each. If bound with the brief, it shall follow the brief, but there shall be a single table of contents of the brief and 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 appendix, each volume shall contain a full table of contents and shall specify on its cover the appendix pages included therein.

(d) Joint Appendix. Whenever possible counsel shall agree upon a joint appendix, which shall be bound separately. The cost thereof shall be apportioned between them.

2:6-2. Contents of Appellants Brief

(a) Formal Brief. Except as otherwise provided by R. 2:6-4(c)(1) (statement in lieu of brief), by R. 2:9-11 (sentencing appeals), and by paragraph (b) of this rule, the brief of the appellant shall contain the following material, under distinctive titles, arranged in the following order:

(1) A table of contents, including the point headings to be argued. It is mandatory that any point not presented below be so indicated by including in parenthesis a statement to that effect in the point heading.

(2) A table of citations of cases, alphabetically arranged, of statutes and rules and of other authorities.

(3) A concise procedural history including a statement of the nature of the proceedings and a reference to the judgment, order, decision, action or rule appealed from or sought to be reviewed or enforced. The appendix page of each document referred to shall be stated. The plaintiff and defendant shall be referred to as such and shall not, except where necessary, be referred to as appellant and respondent.

(4) A concise statement of the facts material to the issues on appeal supported by references to the appendix and transcript. The statement shall be in the form of a narrative chronological summary incorporating all pertinent evidence and shall not be a summary of all of the evidence adduced at trial, witness by witness.

(5) The legal argument for the appellant, which shall be divided, under appropriate point headings, distinctively printed or typed, into as many parts as there are points to be argued. New Jersey decisions shall be cited to the official New Jersey reports by volume number but if not officially reported that fact shall be stated and unofficial citation made. All other state court decisions shall be cited to the National Reporter System, if reported therein and, if not, to the official report. In the citation of all cases the court and year shall be indicated in parentheses except that the year alone shall be given in citing the official reports of the United States Supreme Court, the Supreme Court of New Jersey, and the highest court of any other jurisdiction.

(6) In addition to the foregoing, each brief may include an optional preliminary statement for the purpose of providing a concise overview of the case. The preliminary statement shall not exceed three pages and may not include footnotes or, to the extent practicable, citations.

(b) Letter Brief. In lieu of filing a formal brief in accordance with paragraph (a) of this rule and except as otherwise provided by R. 2:9-11 (sentencing appeals), the appellant may file a letter brief. Letter briefs shall not exceed 20 pages and shall conform with the requirements of subparagraphs (1), (3), (4) and (5) of paragraph (a). As to any point not presented below a statement to that effect shall be included in parenthesis in the point heading. No cover need be annexed provided that the information required by R. 2:6-6 is included in the heading of the letter.

(c) All Briefs. All briefs must be plainly legible and must conform with spacing, paper quality, type-size and reproduction requirements set forth in R. 2:6-10.

(d) Respondent/Cross Appellants Brief. The respondent/cross appellant shall file a single brief both addressing the cross appeal and answering the appellants brief.

2:6-2. Contents of Appellants Brief

(2) A table of citations of cases, alphabetically arranged, of statutes and rules and of other authorities.

(c) All Briefs. All briefs must be plainly legible and must conform with spacing, paper quality, type-size and reproduction requirements set forth in R. 2:6-10.

(d) Respondent/Cross Appellants Brief. The respondent/cross appellant shall file a single brief both addressing the cross appeal and answering the appellants brief.

2:6-3. Preparation of Respondents Appendix; Contents

If a joint appendix has not been filed, the respondent may prepare an appendix, conforming to the requirements of R. 2:6-1, insofar as applicable, and containing such parts of the record not included in the appellants appendix as the respondent considers necessary to the proper consideration of the issues.

2:6-4. Contents of Respondents Brief; Statement in Lieu of Brief; Responsibility to File

(a) Contents. Except as otherwise provided by R. 2:9-11 (sentencing appeals), the respondents brief shall conform either to the requirements of R. 2:6-2(a) (formal brief) or (b) (letter brief), insofar as applicable, except that a counterstatement of facts need be included only if the respondent disagrees with such statements in the appellants brief.

(b) Consequences of Failure to File. Except as otherwise provided by R. 2:9-11 (sentencing appeals) and paragraphs (c) and (d) of this rule, if a respondent fails to file a brief conforming to the requirements of these rules, the court may consider the appeal unopposed and deny the respondent permission to oppose the appeal orally or may make such other order, including an imposition of sanctions, as may be appropriate.

(c) Statement in Lieu of Brief. A statement in lieu of brief may be filed if the appeal is from a quasi-judicial decision of a named respondent which represents to the court that the general public interest does not require its adversarial participation in the appeal and that the parties directly affected by its decision have adequately presented, or may be expected to so present, the issues.

(d) Filing Responsibility of Public Agencies. In all appeals, where a respondent is the State, a political subdivision thereof, a public or quasi-public body, or a public officer appearing in an official capacity, such respondent shall file a brief or, if paragraph (c) is applicable, a statement in lieu of brief.

(e) Appellant/Cross Respondents Brief. On a cross appeal, the brief of the appellant/cross respondent answering the points raised in support of the cross appeal shall also include a reply brief, if any is deemed necessary.

2:6-5. Contents of Reply Brief and Appendix

The appellant may file a reply brief; which shall conform either to the requirements of R. 2:6-2(a) (formal brief) or (b) (letter brief), and may set forth in an appendix thereto such additional parts of the record as may be pertinent.

2:6-6. Covers of Briefs and Appendices

Except as otherwise provided by R. 2:6-2(b), covers of briefs and appendices shall be as follows:

(a) Contents. The cover of each brief, and of the appendix if bound separately, shall contain the following matter: (1) the name of the appellate court and the docket number of the action; (2) the title of the action, which shall add to the designation of the parties in the trial court the designation of appellant and respondent; (3) the nature of the proceeding in the appellate court, the name of the court or agency or officer below, and, if a court, the name of the judge or judges who sat below; (4) the title of the document and the designation of the party for whom it is filed; (5) the name and office address of the attorney of record and the names of any attorneys of counsel or on the brief.

(b) Color. The covers of appellants brief and appendix, respondents brief and appendix, and appellants reply brief and appendix shall be white, blue and buff, respectively. On a cross appeal, the respondent/cross appellants brief filed pursuant to R. 2:6-2(d) shall have a blue cover, and the appellant/cross respondents response thereto, filed pursuant to R. 2:6-4(e), shall have a buff cover, as shall any permitted subsequent brief of any other party. Covers of amicus briefs shall be green. Covers of all briefs and appendices shall be of a firm material but not glassine.

2:6-7. Length of Briefs

The initial briefs of parties shall not exceed 65 pages and reply briefs shall not exceed 20 pages. The brief of a respondent/cross appellant filed pursuant to R. 2:6-2(d) shall not exceed 90 pages, and the brief of an appellant/cross respondent filed pursuant to R. 2:6-4(e) shall not exceed 65 pages. These page limitations shall be exclusive of tables of contents and citations and may be relaxed by leave of court.

2:6-8. References to Briefs; Appendices; Transcripts

References to a brief or appendix shall be made to the appropriate pages, and references to the stenographic transcript shall be made to the appropriate pages and lines thereof, by the following abbreviations:

Pb8 for plaintiffs brief, page 8;

Db8 for defendants brief, page 8;

Pa8 for plaintiffs appendix, page 8;

Da12 for defendants appendix, page 12;

Ja15 for joint appendix, page 15;

Prb8 for plaintiffs reply brief, page 8;

Pra7 for plaintiffs reply appendix, page 7;

T8-3 for transcript, page 8, line 3.

If there is more than one plaintiff or defendant, the appropriate partys name or initial or other identifying designation should precede the abbreviation. If there are multiple volumes of transcript, they shall be numbered sequentially by chronology, i.e., 1T, 2T, etc., irrespective of the nature of the proceeding. The procedural history of the appellants brief shall list in a footnote the date of each volume of transcript and its numbered designation.

2:6-9. Inadequate Appendix or Brief

If an appendix or brief does not substantially conform to these rules or is so inadequate that justice cannot be done without the courts independent examination of the record or research of the law, the court may order the same suppressed and direct the filing, within a fixed time, of a new appendix or brief, and it may withhold or impose costs or order payment by the offending attorney or party of costs in such amount as the circumstances require.

2:6-10. Format of Briefs and Other Papers

All briefs, appendices, petitions, motions, transcripts and other papers may be reproduced by any method capable of providing plainly legible copies. Paper shall be of good quality, opaque and unglazed. Coated paper may be used. Where the method of reproduction permits, color of paper shall be India eggshell. Copy may be printed on both sides provided legibility is not impaired. Papers shall be approximately 8.5 inches by 11 inches and, unless a compressed transcript format is used, shall contain no more than 26 double-spaced lines of no more than 65 characters including spaces, each of no less than 10-pitch or 12-point type. Footnotes and indented quotations may, however, be single-spaced. When a compressed transcript format is used, two transcript pages may be reproduced on a single page, provided that no compressed page contains more than 25 lines of no more than 55 characters including spaces, each of no less than 9-pitch type. Except for compressed transcript format pages, margins shall be approximately one inch. Papers on file or in evidence may be reproduced. Papers shall be securely fastened, either bound along the left margin or stapled in the upper left-hand corner. Covers shall conform to R. 2:6-6(b).

2:6-11. Time for Serving and Filing Briefs; Appendices; Transcript; Notice of Custodial Status

(a) Time Where No Cross Appeal Taken. 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). Except as otherwise provided by R. 2:9-11 (sentencing appeals), 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; or, on an appeal from a state administrative agency, within the time stated above or within 45 days after the service of the statement of the items comprising the record on appeal required by R. 2:5-4(b), whichever is later. The respondent shall serve and file an answering brief and appendix, if any, within 30 days after the service of the appellants brief. The appellant may serve and file a reply brief within 10 days after the service of the respondents brief.

(b) Time Where Cross Appeal Taken. Except as otherwise provided by R. 2:9-11 (sentencing appeals), if a cross appeal has been taken, the party first appealing, who shall be designated the appellant/cross respondent, shall serve and file the first brief and appendix within 30 days after the service of the notice of cross appeal or within the time prescribed for appellants by R2:6-11(a), whichever is later. Within 30 days after the service of such brief and appendix, the respondent/cross appellant shall serve and file an answering brief and appendix, if any, which shall also include therein the points and arguments on the cross appeal. Within 30 days thereafter, the appellant/cross respondent shall serve and file a reply brief, which shall also include the points and arguments answering the cross appeal. Within 10 days thereafter, the respondent/cross appellant may serve and file a reply brief, which shall be limited to the issues raised on the cross appeal. No other briefs shall be served or filed without leave of court. If a cross appeal has been taken, the appellant/cross respondent shall be responsible for ordering and filing the transcript pursuant to R. 2:5-3(e) and for serving it pursuant to paragraph (a) of this rule and R. 2:6-12(a).

(c) Scheduling Order. The time provisions of this rule notwithstanding, the court may enter a separate scheduling order in any case on appeal.

(d) Letter to Court After Brief Filed. No briefs other than those herein specified shall be filed or served without leave of court. A party may, however, without leave, serve and file a letter calling to the courts attention, with a brief indication of their significance, relevant cases decided or legislation enacted subsequent to the filing of the brief. Any other party to the appeal may, without leave, file and serve a short letter in response thereto within 5 days after receipt thereof.

(e) Advising Court of Custodial Change. In criminal, quasi-criminal and juvenile matters the appellant shall by letter advise the court of any change in the custodial status of a defendant, juvenile or other party subject to confinement, during the pendency of the appeal.

(f) Division of Child Protection and Permanency Matters; Advising Court of Childs Placement Status. In Division of Child Protection and Permanency matters, the appellant or respondent shall by letter advise the court of any change in the placement status of the child during the pendency of the appeal.

2:6-12. Number of Briefs, Appendices and Transcripts to Be Served and Filed

(a) Two copies of briefs and appendices shall be served on each party to the appeal, and one copy of the transcript shall be served on any one respondent for the use of all respondents. Proof of such service shall be filed simultaneously with the Clerk as prescribed by R. 1:5-3. In all appeals from adult criminal convictions the brief, appendix and transcripts shall be served upon the New Jersey Division of Criminal Justice, Appellate Section as the responding party unless that office notifies the appellant and the court by letter that another party is substituted as respondent.

(b) On appeal to the Appellate Division, five copies of each brief and appendix shall be filed with the clerk of the Appellate Division.

(c) On appeal to the Supreme Court, 9 copies of each brief and appendix shall be filed with the clerk of the Supreme Court; but on appeal from a judgment or order of the Appellate Division, the parties need not prepare new appendices but may file instead 9 copies of their appendices prepared for the Appellate Division, including any opinions, orders or other papers filed subsequent thereto as an appendix to the appellants Supreme Court brief. On such appeals the clerk of the Appellate Division shall deliver to the clerk of the Supreme Court the original and 3 copies of the transcript.

(d) On appeal to either the Appellate Division or the Supreme Court at least 3 copies of the transcript, in addition to the copy filed by the court reporter supervisor, clerk or agency pursuant to R. 2:5-3(e), shall be filed with the appellate court. In the event the original and copy of the transcript were filed with the clerk of the court from which the appeal is taken prior to the filing of the notice of appeal, the appellant shall, within 10 days after all briefs of all parties have been filed, request the clerk of the court from which the appeal is taken forthwith to transmit the filed copy to the clerk of the court to which the appeal is taken.

RULE 2:7. Appeals By Indigent Persons

2:7-1. Relief From Filing Fees; Deposit for Costs

Except as otherwise provided by R. 2:7-4, a person who, by reason of poverty, seeks relief from the payment of appellate filing fees and the deposit for costs may without fee file with the trial court a verified petition setting forth the facts relied upon, and the court, if satisfied of the facts of indigency, shall enter an order waiving such payment and deposit and shall forthwith transmit a copy thereof to the clerk of the appellate court to which the appeal is taken. If the appeal is taken from the action of a State administrative agency or officer, the verified petition shall be filed directly with the Appellate Division. If a person is, however, represented as an indigent by any person, society or project enumerated in R. 1:13-2, all filing fees and deposits shall be waived by the appropriate clerk or clerks without the necessity of court order. The appeal is timely if the date of the filing of the petition is within the period provided by R. 2:4-1. If the trial court denies the application, it shall briefly state its reasons therefor, and the petition may be renewed within 20 days thereafter before the appellate court in accordance with R. 2:7-3.

Note: Source-R.R. 1:2-7(a) (first and fourth sentences); amended July 24, 1978 to be effective September 11, 1978; amended July 13, 1994 to be effective September 1, 1994.

2:7-2. Assignment of Counsel on Appeal

(a) Indictable Offenses. All persons convicted of an indictable offense who are not represented by the Office of the Public Defender and who desire to appeal, and who assert they are indigent, shall complete and file, without fee, with the court in which they were convicted, the appropriate form prescribed by the Administrative Director of the Courts, which shall be made available to them by the court in which they were convicted. They shall thereupon be referred to the Office of the Public Defender, which shall represent them on such appeal or review and on such subsequent post-conviction proceedings or appeal therein as would warrant the assignment of counsel.

(b) Non-indictable Offenses. All persons convicted of a non-indictable offense who desire to appeal their conviction and who assert they are indigent, shall complete and file, without fee, with the trial court, the appropriate form prescribed by the Administrative Director of the Courts, which shall be made available to them by the court in which they were convicted. If the court is satisfied that they are indigent and are constitutionally or otherwise entitled by law to counsel, it shall assign counsel to represent them on the appeal pursuant to R. 3:4-2(c). If the trial court denies an application for assignment of counsel, it shall briefly state its reasons therefore, and the application may be renewed within 20 days thereafter before the appellate court in accordance with R. 2:7-3.

(c) Review of Status as Prisoner. All persons seeking review of administrative proceedings concerning their status as prisoners and who assert they are indigent and are not represented by counsel shall file without fee with the Clerk of the Appellate Division a notice of appeal and a verified petition as required by R. 2:7-1. If they also request appointment of counsel, their verified petition shall include a detailed statement of the grounds upon which such request is made, including a statement of the facts and the issues giving rise to the appeal. If the Court is satisfied that they are indigent and constitutionally or otherwise entitled by law to counsel, it shall, as appropriate, either refer the matter to the Office of the Public Defender or assign other counsel to represent them on the appeal.

(d) Responsibility of Counsel Assigned by the Trial Court For Non-Indictable Offenses. Assigned counsel representing a defendant in a non-indictable prosecution shall file an appeal for a defendant who elects to exercise his or her right to appeal. An attorney filing a notice of appeal shall be deemed the attorney of record for the appeal unless the attorney files with the notice of appeal an application for the assignment of counsel on appeal.

Note: Source-R.R. 1:2-7(b), 1:12-9(b) (d). Paragraph (c) adopted November 1, 1985 to be effective January 2, 1986; paragraph (a) amended, paragraph (b) caption and text amended, paragraph (c) adopted and former paragraph (c) redesignated paragraph (d) November 5, 1986 to be effective January 1, 1987; paragraphs (b) and (d) amended July 10, 1998 to be effective September 1, 1998; paragraphs (b) and (d) amended July 12, 2002 to be effective September 3, 2002; paragraph (d) amended June 15, 2007 to be effective September 1, 2007; paragraph (d) caption and text amended July 16, 2009 to be effective September 1, 2009.

2:7-3. Joinder of Petitions; Copies Required

Requests for relief pursuant to R. 2:7-1 and 2:7-2 may be joined in a single petition. On renewal of the application in the Supreme Court an original and 8 copies and in the Appellate Division an original and 4 copies of petitions and accompanying statements shall be filed.

Note: Source-R.R. 1:2-7(a) (second sentence).

2:7-4. Relief in Subsequent Courts

A person who has been granted relief as an indigent by any court shall be granted relief as an indigent in all subsequent proceedings resulting from the same indictment, accusation or criminal or civil complaint in any court without making application therefor upon filing with the court in the subsequent proceeding a copy of the order granting such relief or a sworn statement to the effect that such relief was previously granted and stating the court and proceeding in which it was granted. The filing of such order or statement shall be accompanied by an affidavit stating that there has been no substantial change in the petitioners financial circumstances since the date of the entry of the order granting such relief. An indigent defendant appealing from a judgment of conviction by the Law Division entered on a trial de novo, who has been afforded or had a right to a transcript at public expense of municipal court proceedings pursuant to R. 3:23-8(a), shall be entitled to a transcript of the Law Division proceedings paid for in the same manner as the municipal court transcript.

RULE 2:8. Motions; Dismissals; Summary Dispositions

2:8-1. Motions

(a) Contents; Form of Brief and Appendix. Every motion shall be accompanied by a brief, conforming either to the requirements of R. 2:6-2(a) (formal brief) or (b) (letter brief), and by an appendix and shall be in the form and reproduced as provided by R. 2:6-10. The brief shall explain clearly the nature of the action, the relief the moving party seeks and why the moving party is entitled thereto. It may, for purposes of clarity, summarize pleadings and other undisputed papers or records which do not accompany the brief. The appendix shall include the judgment or order and the opinion or statement of findings and conclusions below and, where essential, the transcript of the testimony, depositions or other discovery, pleadings or other portions of the record, including the portions thereof upon which the movant should reasonably assume the opposing party will rely. If the transcript cannot be obtained in time for the motion, an affidavit may be filed in lieu thereof giving the substance of such testimony. If the motion is opposed, the opposing party shall file an answering brief setting forth with equal explicitness the grounds of opposition, annexing an appendix containing copies of any papers relied on which are not in the moving partys appendix. On motion for leave to appeal the brief shall include argument on the merits of the issues sought to be appealed. If no opposing brief is filed the court may consider the motion unopposed. Without leave of the court, which may be applied for ex parte, supporting and answering briefs shall not exceed 25 pages, exclusive of tables of contents, table of citations and appendix.

(b) Time for Filing and Service; Copies; Argument. The moving party shall serve 2 copies of the moving papers on all other parties. In the Appellate Division, the original and 4 copies of the papers shall be filed with the Clerk of that court. In the Supreme Court, the original and 8 copies of the papers shall be filed with the Clerk of that court. Within 10 days after the service of the movants papers, the opposing party shall serve and file the same number of papers in opposition. No other papers shall be filed by either party without leave of court. Motions shall not be argued unless the court directs oral argument.

(c) Disposition. Unless the court otherwise directs, all motions in the Appellate Division shall be decided by a single judge except that motions for bail, stay of any order or judgment, summary disposition, and leave to appeal shall be decided by a panel of at least two judges. Insofar as practicable, motions for reconsideration and motions for counsel fees for work performed in the Appellate Division shall be decided by the judges who decided the original matter.

(d) Order and Notice. Unless the court otherwise directs, upon determination of the motion the court or the clerk acting under its direction shall forthwith enter an order granting or denying the motion in accordance with the determination of the court and shall mail true copies thereof to counsel.

(e) Fees. If the motion is the first paper filed in the appellate court by the moving party it shall be accompanied by the fee required by N.J.S.A. 22A:2.

2:8-2. Dismissal of Appeals: Order; Stipulation

The appellate court may at any time on its own motion or that of a party dismiss the appeal or petition for certification. Appeals and petitions for certification in class actions and in actions involving the status of minors shall not be dismissed without an order of the appellate court; all other appeals and petitions may be dismissed upon the filing of a stipulation by the parties agreeing thereto. An appellant may dismiss the appeal without consent at any time before the first brief on appeal is filed. Such dismissal shall be accompanied by a proof of service thereof on all respondents.

2:8-3. Motion for Summary Disposition

(a) Supreme Court. On an appeal taken to the Supreme Court as of right from a judgment of the Appellate Division, any party may move at any time following the service of the notice of appeal for a summary disposition of the appeal. Such motion shall be determined on the motion papers and on the briefs and record filed with the Appellate Division and may result in an affirmance, reversal or modification. The pendency of such motion shall toll the time for the filing of briefs and appendices on the appeal. The Supreme Court may summarily dispose of any appeal on its own motion at any time, and on such prior notice, if any, to the parties as the court directs.

(b) Appellate Division. Any party to an appeal may move the Appellate Division for summary disposition in accordance with R. 2:8-1(a). Such motion shall demonstrate that the issues on appeal do not require further briefs or full record. The motion may be filed at any time after filing of the notice of appeal but unless leave is otherwise granted not later than 25 days after the filing of respondents briefs. The court may deny the motion; may grant it by affirming, reversing or modifying the judgment or order appealed from on the record before it or on such further record as it may direct; or may take such other action in respect of limitation of the issues or otherwise as it deems appropriate. The court may summarily dispose of any appeal on its own motion at any time, and on such notice, if any, to the parties as the court directs, provided that the merits have been briefed. A motion for summary disposition shall toll the time prescribed by these rules for further perfection of the appeal.

RULE 2:9. Miscellaneous Proceedings Pending Appeal

2:9-1. Control by Appellate Court of Proceedings Pending Appeal or Certification

(a) Control Prior to Appellate Disposition. Except as otherwise provided by R. 2:9-3, 2:9-4 (bail), 2:9-5 (stay pending appeal), 2:9-7 and 3:21-10(d), the supervision and control of the proceedings on appeal or certification shall be in the appellate court from the time the appeal is taken or the notice of petition for certification filed. The trial court, however, shall have continuing jurisdiction to enforce judgments and orders pursuant to R. 1:10 and as otherwise provided. In addition, when an appeal is taken from an order compelling or denying arbitration, the trial court shall retain jurisdiction to address issues relating to claims and parties that remain in that court. The appellate court may at any time entertain a motion for directions to the court or courts or agencies below or to modify or vacate any order made by such courts or agencies or by any judge below.

(b) Proceedings on Remand to Tribunal of First Instance. When the judgment or decision of the court, agency or officer of first instance has been reviewed by a court whose judgment is reviewable by the Appellate Division, the appellate court may, if it retains jurisdiction and remands to the tribunal of first instance for any appropriate action therein, direct that after execution of the remand the proceedings be returned to itself without preliminary review by the court to which appeal was first taken.

(c) Ineffective Assistance of Counsel Claim in Appeals from Judgment Terminating Parental Rights. In appeals from judgments terminating parental rights pursuant to N.J.S.A. 30:4C-15 et seq. in which ineffective assistance of counsel has been alleged, the appellate court, if it determines there to be a genuine issue of material fact on the issue of the representation provided by trial defense counsel that requires resolution, may retain jurisdiction and remand the case to the trial judge for an accelerated hearing to be completed within 30 days to be followed promptly by an oral opinion by the trial judge. The parties shall then be permitted simultaneously to exchange supplemental appellate briefs on the limited issue of the remand no later than seven days after the filing of the transcript of the remand proceedings.

2:9-2. Extension and Acceleration of Time; Adjournments

The time fixed by these 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 courts 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.

2:9-3. Stay Pending Review in Criminal Actions

(a) Death Penalty. Unless the Supreme Court by leave granted otherwise orders, a sentence of death shall be stayed only as follows:

(1) during the pendency of defendants direct appeal to the New Jersey Supreme Court and, on the affirmance of defendants conviction and sentence, during the period allowed for the timely filing of a petition for a writ of certiorari to the United States Supreme Court and, if filed, while that petition is pending disposition;

(2) during the pendency of a first petition for post-conviction relief that is filed within thirty days after the United States Supreme Courts disposition of defendants application under paragraph (a)(1), and, on the denial or dismissal of that petition for post-conviction relief, during the pendency of defendants appeal to the New Jersey Supreme Court and, on the affirmance of defendants conviction and sentence, during the period allowed for the timely filing of a petition for a writ of certiorari to the United States Supreme Court and, if filed, while that petition is pending disposition; and

(3) during the pendency of a timely first petition for a writ of habeas corpus in the United States District Court and, if the petition is denied or dismissed, during the pendency of a timely appeal to the Third Circuit and petition for a writ of certiorari to the United States Supreme Court for review of the disposition of the habeas petition.

The State shall notify defendant and defense counsel, the judge authorized to issue the death warrant pursuant to N.J.S.A. 2C:49-5, and the New Jersey Supreme Court forthwith on the expiration of any stay of the death sentence provided for herein or on the expiration of a stay ordered pursuant to this Rule.

(b) Imprisonment. A sentence of imprisonment shall not be stayed by the taking of an appeal or by the filing of a notice of petition for certification, but the defendant may be admitted to bail as provided in R. 2:9-4.

(c) Fine; Probation. A sentence to pay a fine and an order placing the defendant on probation may be stayed by the trial court on appropriate terms if an appeal is taken or a notice of petition for certification is filed. If the court denies a stay, it shall state its reasons briefly, and the application may be renewed before the appellate court. Pending the appellate proceedings, the court may require the defendant to deposit, in whole or part, the fine and costs with the official authorized by law to receive the same in the county in which the conviction was had, or may require a bond for the payment thereof, or may require the defendant to submit to an examination of assets, and may make an appropriate order restraining the defendant from dissipating any assets.

(d) Stay Following Appeal by the State. Notwithstanding paragraphs (b) and (c) of this rule, execution of sentence shall be stayed pending appeal by the State pursuant to N.J.S.A. 2C:44-1f(2) or N.J.S.A. 2C:35-14c. Whether the sentence is custodial or non-custodial, bail pursuant to R. 2:9-4 shall be established as appropriate under the circumstances. A defendant may elect to execute a sentence stayed by the States appeal but such election shall constitute a waiver of the right to challenge any sentence on the ground that execution has commenced.

(e) Stay of Order of Enrollment in a Pretrial Intervention Program. An order of the trial court enrolling a defendant into a pretrial intervention program over the objection of the prosecutor shall be automatically stayed for fifteen days following the date of its entry, and if the prosecutor files a notice of appeal within said fifteen-day period, during the pendency of the appeal.

(f) Court to Which Motion Is Made. Pending appeal or certification to the Supreme Court respecting a judgment of the Appellate Division, application for a stay pending review shall be first made to the Appellate Division.

2:9-4. Bail After Conviction

Except as otherwise provided by R. 2:9-5(a), the defendant in criminal actions shall be admitted to bail on motion and notice to the county prosecutor pending the prosecution of an appeal or proceedings for certification only if it appears that the case involves a substantial question that should be determined by the appellate court, that the safety of any person or of the community will not be seriously threatened if the defendant remains on bail and that there is no significant risk of defendants flight. Pending appeal to the Appellate Division, bail may be allowed by the trial court, or if denied, by the Appellate Division, or if denied by the Appellate Division, by the Supreme Court. Following disposition in the Appellate Division and pending proceedings in the Supreme Court, bail may be allowed by the Appellate Division or if denied by it, by the Supreme Court. A copy of an order entered by an appellate court granting bail shall be forwarded by the clerk of the appellate court to the sentencing court and clerk of the trial court. A trial court denying bail shall state briefly its reasons therefor. A judge or court allowing bail may at any time revoke the order admitting to bail. In no case shall a defendant who has received a sentence of death be admitted to bail.

2:9-5. Stay of Judgment in Civil Actions and in Contempts

(a) Stay on Order; Bond , Other Security or Cash Deposit. Except as otherwise provided by R. 1:10 (Contempt), 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). If a stay is denied after conviction in a summary contempt proceeding, bail shall be allowed as provided by R. 2:9-4. 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. Such posting or deposit may be ordered by the court as a condition for the stay of any other judgment or order in a civil action.

(b) Court to Which Motion Made. 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. The grant or denial of a stay by the Appellate Division may be reviewed on motion to the Supreme Court on notice to the Appellate Division without taking an appeal to the Supreme Court. Following disposition in the Appellate Division and pending proceedings in the Supreme Court, a stay shall be sought in the first instance from the Appellate Division. Further relief from its order may be sought in the Supreme Court.

(c) Stay of Arbitration Pending Appeal. If an order compelling arbitration is appealed as of right pursuant to R. 2:2-3(a), then any party subject to the order may move in the trial court for a stay of the arbitration pending appeal. If so requested, the stay of the arbitration shall be granted unless the court finds that exceptional circumstances warrant the arbitration to proceed while the appeal is pending. If an order compelling or denying arbitration is appealed as of right pursuant to R. 2:2-3(a) in circumstances where the trial court retains jurisdiction over remaining claims or parties pursuant to the exception set forth in R. 2:9-1(a), any party may move in that court for a stay of proceedings pertaining to such remaining claims or parties pending appeal. The trial court shall exercise its sound discretion in the interests of justice in deciding whether to grant or deny the stay and whether any conditions shall apply. Any party may apply to the appellate court, by way of a timely motion filed in accordance with R. 2:8-1, to obtain review of the trial courts disposition of the application for a stay pending appeal.

2:9-6. Supersedeas Bond; Exceptions

(a) Supersedeas Bond; Other Form of Security.

(1)Except as otherwise provided in paragraph (c), the supersedeas bond or the form of security other than a supersedeas bond shall be presented for approval to the court or agency from which the appeal is taken, or to the court to which certification is sought, and shall have such surety or sureties as the court requires. Unless the court otherwise orders after notice on good cause shown, the bond or other form of security shall be conditioned for the satisfaction of the judgment in full, together with interest and trial costs, and to satisfy fully such modification of judgment, additional interest and costs and damages as the appellate court may adjudge.

(2)In determining whether good cause exists to approve a supersedeas bond in an amount less than the full judgment together with interest and trial costs or to approve a form of security other than a supersedeas bond either in the amount of the full judgment or an amount less than the full judgment together with interest and trial costs, the court shall consider all relevant factors, including, but not limited to, the amount and nature of the judgment, anticipated interest and costs, the availability and cost of a supersedeas bond or other form of security, the assets of the judgment debtor and of the judgment debtors insurers, sureties and indemnitors, if any, the judgment debtors ability to dissipate assets, and the risk of harm to the parties on the appeal. The burden shall be on the party seeking approval of a supersedeas bond in an amount less than the full judgment together with interest and trial costs or a form of security other than a supersedeas bond either in the full judgment amount or an amount less than the full judgment together with interest and trial costs to show that the posting of a supersedeas bond in the full judgment amount would cause undue economic hardship and that in the circumstances such lesser amount or other form of security is adequate and just. In the event the court approves a form of security other than a supersedeas bond or a supersedeas bond in an amount less than the amount of the judgment plus anticipated interest and costs, the court shall impose additional conditions on the judgment debtor to prevent the dissipation, the diminution in the aggregate value, or the diversion of the judgment debtors assets during the appeal.

(3) When the judgment determines the disposition of the property in controversy or when such property is in the custody of the sheriff or when the proceeds of such property or a bond for its value is in the custody or control of the court below, the amount of the supersedeas bond shall be fixed at such sum only as will secure the damages recovered for the use and detention of the property, trial and appellate costs, and interest.

(4) In all other cases not specifically provided for herein the amount of the supersedeas bond shall be fixed by the court.

(b) Appellants Excepted. When an appeal is taken or certification sought by the State or any political subdivision thereof or any of their respective officers or agencies or by direction of any of the principal departments of the State and the operation or enforcement of a judgment or order is stayed, no bond, obligation or other security shall be required from the appellant.

(c) Bail Forfeiture Appeals. Simultaneous with the filing of notice of appeal in respect of a bail forfeiture judgment by or on behalf of an insurer, the appellant shall deposit the full amount of the judgment with the Clerk of the Superior Court in cash or by certified, cashiers or bank check. The court for good cause shown may allow the posting of a supersedeas bond or other form of security in lieu of the cash deposit. Good cause, however, shall not be satisfied by an application to extend the time to locate the defendant or to stay payment of a forfeited bond, entry of a judgment, or preclusion from the bail registry maintained by the Superior Court. The notice of appeal in a bail forfeiture appeal shall be accompanied by proof of compliance with this rule. Such proof shall be provided by affidavit, unless the court otherwise orders.

2:9-7. Temporary Relief in Administrative Proceedings

On or after the filing with the Appellate Division of a notice of appeal or of a notice of motion for leave to appeal from a state administrative agency or officer, a motion for ad interim relief or for a stay of the decision, action or rule under review shall be made in the first instance to the agency whose order is appealed from and, if denied, to the Appellate Division.

2:9-8. Temporary Relief in Emergent Matters

When necessary, temporary relief, stays, and emergency orders may be granted, with or without notice, by a single Justice of the Supreme Court or, if the matter is pending in the Appellate Division, by a single judge thereof, to remain in effect until the court acts upon the application. A request to the Supreme Court for emergent relief from an order or emergent application disposition of the Appellate Division may be made by contacting the Supreme Court Clerks office, which will handle intake and referral of the matter to a single Justice on a rotating basis or to the full Court, as appropriate.

Note: SourceR.R. 1:1-5A, 2:4-3 (fourth sentence), 4:88-12(a) (second sentence), 4:88-12(b); amended January 22, 1974, effective immediately; amended July 29, 1977 to be effective September 6, 1977; amended July 19, 2012 to be effective September 4, 2012.

2:9-9. Sanctions for Non-compliance With 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 attorneys fees or such other penalty as may be assessed personally against the attorney.

Note: Source-R.R. 1:4-1 (second sentence), 1:4-2(a) (b), 1:7-2 (seventh sentence), 1:10-6(a) (second sentence). Amended July 24, 1978 to be effective September 11, 1978.

2:9-10. Effect of Appeal by the State

An appeal by the State pursuant to N.J.S.A. 2C:44-1f(2) or N.J.S.A. 2C:35-14c shall not stay the entry of final judgment for purposes of an appeal or cross-appeal by the defendant.

Note: Adopted September 10, 1979 to be effective immediately; amended July 28, 2004 to be effective September 1, 2004.

2:9-11. Sentencing Appeals

In a criminal, quasi-criminal or juvenile action in the Appellate Division in which the only issue on appeal is whether the court imposed a proper sentence, briefs shall not be filed without leave of court and the matter shall be placed on a sentencing calendar for consideration by the court following oral argument, which shall be recorded verbatim. The appellate court at its discretion may direct the removal of any case from the sentencing calendar.

Note: Adopted November 2, 1987 to be effective January 1, 1988; amended January 19, 1989 to be effective February 1, 1989.

2:9-12. Proportionality Review in Capital Cases

All hearings conducted by the Standing Master appointed by the Supreme Court to oversee data collection for the proportionality review of death sentences shall be confidential. The transcripts of such hearings, the written and oral submissions of the parties, and the records maintained for proportionality review by the Administrative Office of the Courts shall be confidential. The arguments or representations of counsel at or in contemplation of such hearings shall not be used for any purpose other than proportionality review.

2:10-5. Original Jurisdiction

The appellate court may exercise such original jurisdiction as is necessary to the complete determination of any matter on review.

2:10-6. Allegation of Ineffective Assistance of Counsel2:10-1. Motion for New Trial as Prerequisite for Jury Verdict Review; Standard of Review

In both civil and criminal actions, the issue of whether a jury verdict was against the weight of the evidence shall not be cognizable on appeal unless a motion for a new trial on that ground was made in the trial court. The trial courts ruling on such a motion shall not be reversed unless it clearly appears that there was a miscarriage of justice under the law.

Note: Source-R.R. 1:5-1(a) (fourth and fifth sentences), 1:5-3(a). Amended July 7, 1971 to be effective September 13, 1971.

2:10-2. Notice of Trial Errors

Any error or omission shall be disregarded by the appellate court unless it is of such a nature as to have been clearly capable of producing an unjust result, but the appellate court may, in the interests of justice, notice plain error not brought to the attention of the trial or appellate court.

Note: Source-R.R. 1:5-1(a) (first three sentences), (b), 1:5-3(b) (c).

2:10-3. Review of Sentence

If a judgment of conviction is reversed for error in or for excessiveness or leniency of the sentence, the appellate court may impose such sentence as should have been imposed or may remand the matter to the trial court for proper sentence.

Note: Source-R.R. 1:5-1(c). Caption amended July 7, 1971 to be effective September 13, 1971; text amended November 2, 1987 to be effective January 1, 1988.

2:10-4. Convictions for Contempt

Every summary conviction by a court for contempt shall be reviewable on the law and the facts. The appellate court shall render such judgment and order for enforcement thereof as it deems just under the circumstances.

in Termination of Parental Rights Cases

In appeals from judgments terminating parental rights pursuant to N.J.S.A. 30:4C-15 et seq. in which ineffective assistance of counsel has been alleged, the issue shall be raised in the direct appeal of the matter below. The brief submitted by appellate counsel must set forth the factual basis for asserting that trial counsels performance was deficient and explain why the result would have been different had the lawyers performance not been deficient. In appropriate cases, counsel shall proffer certifications or other documentary evidence to support the claim. If the appellate court determines that a genuine issue of material disputed fact on the issue of the representation provided by trial defense counsel has been raised, the matter may be remanded to the trial judge and proceed in accordance with R. 2:9-1(c).

RULE 2:11. Argument; Determination; Costs; Rehearing

2:11-1. Appellate Calendar; Oral Argument

(a) Calendar. 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 compelling or denying arbitration 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 partys motion.

(b) Oral Argument. In the Supreme Court, appeals shall be argued orally unless the court dispenses with argument. In the Appellate Division appeals shall be submitted for consideration without argument, unless argument is requested by one of the parties within 14 days after service of the respondents brief or is ordered by the court. Such request shall be made by a separate captioned paper filed with the Clerk in duplicate. The clerk shall notify counsel of the assigned argument date. Counsel shall not be permitted to argue for a party who has neither filed a brief nor joined in another partys brief. The appellant shall be entitled to open and conclude argument. An appeal and cross appeal shall be argued together, the party first appealing being entitled to open and conclude, unless the court otherwise orders. Each party will be allowed a maximum of 30 minutes for argument in the Supreme Court, unless the Court determines more time is necessary, and 30 minutes in the Appellate Division, but the court may terminate the argument at any time it deems the issues adequately argued. No more than 2 attorneys will be heard for each party. An attorney will not be permitted to read at length from the briefs, appendices, transcripts or decisions.

2:11-2. Determination of Appeal on Motion for Leave to Appeal

Where summary disposition is appropriate, the court may elect to consider the merits of the appeal simultaneously with the motion for leave to appeal on the motion papers alone. Otherwise it may grant leave to appeal and determine the appeal on the papers submitted on the motion and any additional papers it may require. Appeals on leave granted shall be expedited.

2:11-3. Opinion, Judgment; Stay After Judgment

(a) Dissenting or Concurring Opinion. The court shall file a written opinion upon the final determination of every appeal. A judge of the Appellate Division dissenting or concurring as to result only shall file a separate opinion stating the reasons for his action.

(b) Judgment; Order for Bail. 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. If the appellate court reverses a judgment of conviction of a defendant in custody, it may direct the trial court to admit him to bail.

(c) Notice. 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.

(d) Stay of Judgment. A motion for a stay of an appellate court judgment shall be served and filed within 20 days of its entry unless the time is enlarged by court order.

(e) Affirmance Without Opinion.

(1) Civil Appeals. When in a civil appeal the Appellate Division determines that any one or more of the following circumstances exists and is dispositive of a matter submitted to the court for decision:

(A) that a judgment of a trial court is based on findings of fact which are adequately supported by evidence;

(B) that the evidence in support of a jury verdict is not insufficient;

(C) that the determination of a trial court on a motion for a new trial does not constitute a manifest denial of justice;

(D) that the decision of an administrative agency is supported by sufficient credible evidence on the record as a whole;

(E) that some or all of the arguments made are without sufficient merit to warrant discussion in a written opinion;

then and in any such case the judgment or order under appeal may be affirmed without opinion and by an order quoting the applicable paragraph of this rule.

(2) Criminal, Quasi-Criminal and Juvenile Appeals. When in an appeal in a criminal, quasi-criminal or juvenile matter, the Appellate Division determines that some or all of the arguments made are without sufficient merit to warrant discussion in a written opinion, the court may affirm by specifying such arguments and quoting this rule and paragraph.

2:11-5. Costs on Appeal

Such costs as are recoverable by law, including the cost of the transcript and the reasonable expense of printing or reproducing briefs, appendices, motions and petitions, shall be taxed by the clerk of the appellate court in the manner ordered by the appellate court or in the absence of such order, in favor of the prevailing party except that where a new trial is ordered taxation of costs on the appeal shall abide the event of the new trial unless the court otherwise orders.

2:11-6. Motion for Reconsideration

(a) Service; Filing; Contents; Argument. Within ten days after entry of judgment or order, unless such time is enlarged by court order, a party may apply for reconsideration by serving two copies of a motion on counsel for each of the opposing parties and filing nine copies thereof with the Supreme Court, or five copies thereof with the Appellate Division, as appropriate. One filed copy shall be signed by counsel. The motion shall not exceed 25 pages and shall contain a brief statement and argument of the ground relied upon and a certificate of counsel that it is submitted in good faith and not for purposes of delay. The motion shall have annexed thereto a copy of the opinion or order that is the subject thereof. An answer shall be filed only if requested by the court, and within ten days after such request or within such other time as the court fixes therein. The motion will not be argued orally.

(b) Grant of Motion. A motion for reconsideration will be granted only if it is moved by a justice or judge who concurred in the judgment or decision, and a majority of the court so determines. It may be granted in whole or in part, and on terms. Unless otherwise ordered by the court, the motioning party shall be regarded as the appellant on reconsideration of a judgment or order that disposes of the appeal and shall file a brief within 30 days of the entry of the order granting the reconsideration. Thereafter the same procedures shall be followed as are provided for an original appeal.

(c) Determination of Appeal. The court may, where appropriate, summarily redetermine the appeal or amend its opinion.

RULE 2:12. Appeals On Certification To The Supreme Court

2:12-1. Certification on Motion of the Supreme Court

The Supreme Court may on its own motion certify any action or class of actions for appeal.

2:12-2. Certification of Appeals Pending Unheard in Appellate Division

(a) Filing and Service of Motion. A motion for certification of an appeal pending unheard in the Appellate Division shall be served and filed with the Supreme Court and the Appellate Division within 10 days after the filing of all briefs with the Appellate Division. Within 5 days after service of the motion an opposing party may serve and file a statement in opposition. The motion and statement shall not exceed 5 pages. Nine copies thereof shall be filed with the Supreme Court.

(b) Additional Briefs. On certification, either on motion of a party or the court, the appeal shall proceed to hearing upon the briefs, appendices and transcript prepared for the Appellate Division, and 4 more copies of the briefs and appendices shall be filed, but the Supreme Court may, on good cause shown, permit the filing of supplemental briefs.

2:12-3. Certification of Final Judgments of the Appellate Division

(a) Notice of Petition for Certification: Time for Filing; Contents; Filing Fees. 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. The notice shall set forth the petitioners name and address or the name and address of counsel, if any. In civil actions it shall designate the judgment or part thereof sought to be reviewed. In criminal, quasi-criminal and juvenile delinquency matters it shall concisely state the offense and designate the judgment, its date and any sentence, or disposition imposed thereon and, if the defendant is in custody, the place of confinement.

(b) Cross Petition for Certification. 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.

2:12-4. Grounds for Certification

Certification will be granted only if the appeal presents a question of general public importance which has not been but should be settled by the Supreme Court or is similar to a question presented on another appeal to the Supreme Court; if the decision under review is in conflict with any other decision of the same or a higher court or calls for an exercise of the Supreme Courts supervision and in other matters if the interest of justice requires. Certification will not be allowed on final judgments of the Appellate Division except for special reasons.

2:12-5. Deposit for Costs

In all civil actions, unless a supersedeas bond has been filed or a deposit in lieu thereof made pursuant to R. 2:5-2, the petitioner shall, within 30 days of the filing of the notice of petition for certification, deposit $300 with the clerk of the Supreme Court, to answer the costs on the petition, if denied, and the cost of the appeal if granted, but no deposit shall be required if the petitioner is a party exempted from making deposit by R. 2:5-2. Notice of deposit and dismissal for failure to make timely deposit shall be in accordance with R. 2:5-2.

2:12-6. Record on Petition for Certification

The record on petition for certification shall be the briefs, appendices and transcripts filed in the Appellate Division, the opinion of the Appellate Division, and the transcript of the oral argument of sentencing appeals heard by the Appellate Division pursuant to R. 2:9-11. Such record shall constitute the record on appeal if certification is granted.

2:12-7. Form, Service and Filing of Petition for Certification

(a) Form and Contents. A petition for certification shall be in the form of a brief, conforming to the applicable provisions of R. 2:6 and not exceeding 20 pages exclusive of tables of contents, citations and appendix. It shall contain a short statement of the matter involved, the question presented, the errors complained of, the reasons why certification should be allowed, and comments with respect to the Appellate Division opinion. It shall have annexed the notice of petition for certification; the written opinions of the courts below; a copy of the transcript of any relevant oral opinions or statements of findings and conclusions of law; and in the case of a sentencing appeal heard by the Appellate Division pursuant to R. 2:9-11, the transcript of the oral argument, which shall be requested from the Chief, Reporting Services in the Appellate Division. The petition shall be signed by petitioners counsel who shall certify that it presents a substantial question and is filed in good faith and not for purposes of delay.

(b) Service, Filing and Time. Within 10 days after the filing of the notice of petition for certification or 30 days after the entry of the final judgment, whichever is later, two copies of the petition shall be served on each opposing party and four copies thereof together with four copies of petitioners Appellate Division brief and appendix shall be filed with the Clerk of the Supreme Court. If certification is granted, petitioner shall file five additional copies of the petition and petitioners Appellate Division brief and appendix within 10 days following receipt of the order granting certification.

2:12-8. Respondents Brief and Petitioners Reply Brief

The respondent shall, within 15 days of the service of the petition, serve two copies of the brief in opposition to certification and file four copies thereof together with four copies of respondents Appellate Division brief and appendix with the Clerk of the Supreme Court. The brief shall be direct and concise, shall conform to the applicable provisions of R. 2:6 and shall not exceed 20 pages, exclusive of tables of contents, citations and appendix. Within 10 days of such service, the petitioner may serve two copies and file four copies of a reply brief not exceeding 10 pages, exclusive of tables of contents, citations, and appendix. If certification is granted, each respondent shall file five additional copies of the brief in opposition to certification and Appellate Division brief and appendix within 10 days following receipt of the order granting certification. The petitioner shall file five additional copies of any reply brief within the same 10-day period.

2:12-9. Where Party Appeals and at the Same Time Makes Application for Certification

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. The 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.

2:12-10. Granting or Denial of Certification

A petition for certification shall be granted on the affirmative vote of 3 or more justices. Upon final determination of a petition for certification, unless the Supreme Court otherwise orders, the clerk shall enter forthwith an order granting or denying the certification in accordance with the Supreme Courts determination and shall mail true copies thereof to the clerk of the court below and to the parties or their attorneys.

2:12-11. Proceedings After Certification Granted

If certification is granted, the matter shall be deemed pending on appeal in the Supreme Court and the petitioners entire case shall be before the Supreme Court for review unless the Supreme Court otherwise orders on its own motion or on the motion of a party which shall be included in the petition or in the respondents brief in answer thereto. The respondent may seek affirmative relief only by cross petition for certification. Further proceedings shall be had as provided for on appeals as of right, except that the appeal shall be submitted on the briefs, appendices and transcript filed with the Appellate Division and except that, in appropriate cases, the Supreme Court may render a decision without argument. Further briefs on the appeal may be filed only on order and in accordance with the schedule set forth therein. Application for permission to file further briefs shall be in the form of a motion.

RULE 2:12A. Certification of Questions of Law by the Supreme Court

2:12A-1. Responding to Questions of Law.

The Supreme Court may answer a question of law certified to it by the United States Court of Appeals for the Third Circuit, if the answer may be determinative of an issue in litigation pending in the Third Circuit and there is no controlling appellate decision, constitutional provision, or statute in this State.

2:12A-2. Power to Reformulate Question.

The Supreme Court may reformulate a question of law certified to it.

2:12A-3. Certification Order; Record.

The Court of Appeals for the Third Circuit shall issue a certification order and forward it to the Supreme Court. Within five days of the filing of the order with the Supreme Court, the parties may comment on the order by serving and filing nine copies of a statement that does not exceed five pages.

Before responding to a certified question, the Court may request of the Court of Appeals for the Third Circuit that it deliver all or part of the record in the pending litigation.

2:12A-4. Contents of Certification Order.

A certification order must contain:

(a) The question of law sought to be answered;

(b) The facts relevant to the question, showing fully the nature of the controversy out of which the question arose. If the parties cannot agree on a statement of facts, the certifying court shall set forth what it believes to be the relevant facts;

(d) The names and addresses of counsel of record and all parties appearing without counsel.

2:12A-5. Notice; Response.

The Supreme Court, acting as the receiving court, shall notify the Court of Appeals for the Third Circuit of its acceptance or rejection of the question and shall respond to an accepted certified question as soon as practicable.

2:12A-6. Procedures.

After the Supreme Court has accepted a certified question, the matter shall proceed in the same manner as an appeal as of right. The Court shall issue a scheduling order and all briefs shall comply with the requirements and limitations of Rule 2:6 unless otherwise directed by the Court. Unless the Court dispenses with oral argument, it shall proceed pursuant to Rule 2:11-1(b).

2:12A-7. Disposition.

The Supreme Court shall dispose of the matter by an opinion or order, as may be appropriate.

2:12A-8. Cost of Certification.

Fees and costs are the same as in appeals as of right to the Supreme Court except that they are to be divided equally among the parties unless otherwise provided in the order entered by the Court of Appeals for the Third Circuit.

RULE 2:13. Administration

2:13-1. Presiding Justice or Judge

(a) Supreme Court. The Chief Justice or, pursuant to R. 1:33-1, the Acting Chief Justice, shall preside over sessions and conferences of the court and shall sign all orders relating to the administration of the judicial system. If the Chief Justice is absent or unable to serve, the senior justice shall serve temporarily as presiding justice. Seniority shall be determined by order of taking of oath as a member of the court.

(b) Appellate Division. The presiding judge of each part, designated by the Chief Justice, shall preside over its sessions and conferences. If the presiding judge is absent or unable to serve or if none has been designated, the senior judge attending shall serve temporarily as presiding judge. Seniority shall be determined by length of service on the Appellate Division. The Chief Justice shall designate one presiding judge as the Presiding Judge for Administration to be responsible for the administration of the Appellate Division pursuant to R. 1:33-4. The Chief Justice may designate another presiding judge as the Deputy Presiding Judge for Administration, who shall assist the Presiding Judge for Administration.

2:13-2. Quorum; Temporary Assignment

(a) Supreme Court. Five members of the court shall constitute a quorum. When necessary to constitute a quorum, to replace a justice who is absent or unable to act, or to expedite the business of the court, the presiding justice may assign one or more retired justices of the Supreme Court who are not engaged in the practice of law and who consent thereto or the judge or judges of the Appellate Division, senior in length of service therein, to serve temporarily in the Supreme Court. If the judge of the Appellate Division senior in service is unable to serve or shall waive assignment, the presiding justice may assign the judge next senior in service; and if two or more judges have equal seniority, the presiding justice may assign either or any of them.

(b) Appellate Division. The Appellate Division shall consist of such parts with such number of judges as the Chief Justice shall from time to time designate. Appeals shall be decided by panels of 2 judges designated by the presiding judge of the part except when the presiding judge determines that an appeal should be decided by a panel of 3 judges. Such a determination may be made where the appeal presents a question of public importance, of special difficulty, of precedential value, or for such other special reason as the presiding judge shall determine. The panel of 2 judges to which an appeal is submitted for decision may elect to call a third judge to participate in the decision at any time before making its determination and shall do so if the 2 judges cannot agree as to the determination. In either case the appeal shall be reargued if it has already been argued unless reargument is waived. When an appeal is designated for decision by the full part, 3 judges shall constitute a quorum unless all parties consent to a quorum of 2 judges and, if only 2 of the 3 judges have heard the oral argument, the parties may consent to the participation in the courts decision by the third judge. Judges assigned to one part may be assigned to serve temporarily in any other part.

2:13-3. Places of Sitting

The Supreme Court shall sit in Trenton, and the Appellate Division shall sit in Trenton, Newark, Morristown and Hackensack, unless the Chief Justice or a presiding judge deems it temporarily necessary or desirable to convene court elsewhere.

RULE 2:14. Removal Of Judges

2:14-1. Institution of Proceedings

A proceeding for the removal of a judge may be instituted before the Supreme Court of New Jersey pursuant to N.J.S.A. 2B:2A-1 to 2B:2A-11, by the filing of a complaint with the Clerk of the Supreme Court. A complaint may be filed only by the Governor, or by either House of the Legislature acting by a majority of all its members, or by the Supreme Court on its own motion.

Note: Adopted July 7, 1971 to be effective September 13, 1971; amended July 6, 1999 to be effective immediately.

2:14-2. Order to Show Cause

On the filing of a complaint, the Supreme Court shall order the judge to show cause, as provided in the order, why the judge should not be removed from office and require the filing of an answer with the Clerk of the Supreme Court within 30 days after being served with a copy of the order and complaint. Service of the order and complaint shall be made upon the judge in such manner as directed by the Supreme Court. The proceedings shall be prosecuted by the Attorney General of New Jersey, the Attorney Generals representative or by an attorney specially designated by the Supreme Court.

Note: Adopted July 7, 1971 to be effective September 13, 1971; amended July 13, 1994 to be effective September 1, 1994.

2:14-3.Conduct of Formal Proceedings

(a) At any formal proceeding pursuant to N.J.S.A. 2B:2A-1 to -11, the judge has the right to be represented by an attorney retained at the expense of the judge.

(b) All formal proceedings pursuant to N.J.S.A. 2B:2A-1 to -11 shall be recorded by a qualified shorthand reporter, a video recording device, or a sound recording device. A copy of videotapes or transcripts of the formal proceeding shall be provided to the judge without charge.

RULE 2:15. Advisory Committee On Judicial Conduct

2:15-1. Establishment of Committee

To implement N.J.S.A. 2B:2A-10, providing for suspension prior to hearing, and to assist otherwise in fulfilling the administrative responsibilities of the Court, the Court establishes a committee of this Court to be known as Advisory Committee on Judicial Conduct.

Note: Adopted July 23, 1974, effective immediately; amended February 3, 1997 to be effective March 1, 1997.

2:15-2. Appointment and Membership

The Committee shall consist of nine members. The Court shall designate one member to serve as Chair and another member to serve as Vice Chair. At least two members shall be retired Justices or Judges of the Supreme Court or Superior Court, no fewer than three members shall be members of the Bar, and no more than four members shall be members of the public who do not hold public office of any nature. Members shall be appointed by the Supreme Court for a term of three years and may be reappointed for such additional term or terms as the Court shall determine. Membership on the Committee shall terminate if a member is appointed or elected to public office or to any position considered by the Court to be incompatible with such service. All appointments to fill vacancies shall be for the unexpired term.

Note: Adopted July 23, 1974, effective immediately; amended July 2, 1984 effective immediately; amended June 28, 1996 to be effective September 1, 1996; amended February 3, 1997 to be effective March 1, 1997.

2:15-3. Quorum and Hearing Panels

(a) A quorum shall consist of five members of the Committee. No action of the Committee shall be valid unless concurred in by a majority of its membership, provided, however, that if the Committee finds sufficient cause therefor and recommends to the Supreme Court the institution of formal proceedings, which may lead to reprimand, censure, suspension, or removal of a Judge, such recommendation shall be made only on the affirmative vote of five members of the Committee who have considered the record and at least three of whom were present at any hearing at which oral testimony was produced.

(b) Whenever the Committee considers it necessary or expedient to do so, the Chair of the Committee may establish and designate a three-member panel to conduct any investigation or any hearing contemplated by these Rules. At the conclusion thereof such panel shall make a report or recommendation to the Committee, which shall review the report or recommendation and act thereon as set forth in (a) of this Rule.

Note: Adopted July 23, 1974, effective immediately; paragraph (b) amended June 28, 1996 to be effective September 1, 1996; paragraphs (a) and (b) amended February 3, 1997 to be effective March 1, 1997.

2:15-4. Administration and Principal Office

(a) The Administrative Director of the Courts shall be Executive Secretary of the Committee, and the principal office of the Committee shall be located at the Richard J. Hughes Justice Complex, Trenton, New Jersey.

(b) The Administrative Office of the Courts shall provide the Committee with administrative, legal, investigative, and clerical support, and shall assign a staff member to serve as Secretary to the Committee. The Secretary shall be responsible for day-to-day coordination of staff support, under the supervision of the Administrative Director.

(c) All records of the Committee shall be filed and maintained in such principal office of the Committee. All papers filed with and proceedings before the Committee shall be confidential except as otherwise provided in these Rules.

Note: Adopted July 23, 1974, effective immediately; paragraph (a) amended July 26, 1984 to be effective September 10, 1984; paragraphs (b) and (c) amended February 3, 1997 to be effective March 1, 1997.

2:15-5. Reimbursement

The Committee members shall serve without compensation, except that they shall be allowed their expenses for travel or other incidental expenses necessarily incurred in the performance of their services.

Note: Adopted July 23, 1974, effective immediately.

2:15-6. Investigations; Service of Subpoenas and Orders

(a) In the conduct of investigations and hearing proceedings of any nature, the Committee, the Secretary to the Committee, or individual members may (1) administer oaths, (2) order the inspection of books and records, (3) take depositions of necessary witnesses, (4) issue subpoenas for the attendance of witnesses and for the production of papers, books, accounts, documents, and testimony, or any other records or material that may be relevant to any such investigation or formal proceeding.

(b) A respondent may, with the prior approval of the Supreme Court, take depositions of witnesses who are unavailable to testify before the Committee.

(c) The Sheriff of the appropriate County or such person as may be designated by the Committee shall, when necessary in the judgment of the Committee, serve on the persons involved subpoenas or orders for the taking of depositions, for the production of items described in subparagraph (a) above, or for the attendance at investigations and at hearings (formal or informal).

Note: Adopted July 23, 1974, effective immediately. Paragraph (a) amended July 22, 1983 to be effective September 12, 1983; paragraph (a) amended, former paragraph (b) amended and redesignated as paragraph (c), new paragraph (b) adopted February 3, 1997 to be effective March 1, 1997.

2:15-7. Cooperation by Attorneys and Court Personnel

Attorneys admitted to practice law in this State, judges, justices, officials, clerks, and other employees of the judicial system of this State shall cooperate with and give reasonable assistance and information to the Committee, the Secretary, and any authorized representative thereof, in connection with any investigations by or proceedings of the Committee.

Note: Adopted July 23, 1974, effective immediately; caption and text amended February 3, 1997 to be effective March 1, 1997.

2:15-8. Initial Review by Committee

(a) The Committee shall review any written statement, criticism, or grievance that is directed to the Committee and that contains allegations to the effect that a judge of the Superior Court, Surrogates Court, Tax Court, or Municipal Court is guilty of:

(1) misconduct in office,

(2) willful failure to perform judicial duties,

(3) incompetence,

(4) intemperate conduct,

(5) engaging in partisan politics, or

(6) conduct prejudicial to the administration of justice that brings the judicial office into disrepute.

(b) The Committee shall also review allegations that any such judge may be suffering from a mental or physical disability that interferes with the performance of judicial duties.

(c) On referral to the Committee by the Supreme Court, the Committee shall conduct such review concerning any Justice of the Supreme Court and proceed thereafter in accordance with these Rules subject to the terms of the referral.

(d) The Committee may review on its own motion any matters as set forth in (a) above in the absence of a written statement, criticism, or grievance.

(e) If the Committee determines that it requires additional information, it shall conduct a preliminary investigation.

(f) If the Committee determines that the allegations under review relate to an action or other matter that is properly the subject of an appeal, or if the Committee determines that there is not sufficient cause to warrant a preliminary investigation, it shall dismiss the matter and notify the person who submitted the statement, criticism, or grievance.

(g) In exceptional circumstances, the Chair or Vice Chair may authorize the commencement of a preliminary investigation.

Note: Adopted July 23, 1974, effective immediately; paragraph (a) amended July 15, 1982 to be effective September 13, 1982; paragraph (a) amended July 26, 1984 to be effective September 10, 1984; paragraphs (a)(2), (a)(7) and (c) amended July 18, 1990 to be effective September 4, 1990; caption amended, paragraph (a) amended, paragraph (a)(7) amended and redesignated as paragraph (b), last sentence of paragraph (a) amended and redesignated as paragraph (c), former paragraph (b) amended and redesignated as paragraph (d), paragraph (c) amended and redesignated as paragraph (f), paragraphs (e) and (g) adopted February 3, 1997 to be effective March 1, 1997.

2:15-9. Preliminary Investigation; Disclosure to Judge

In the course of its preliminary investigation, the Committee, in its discretion, may inform the judge of the allegations and of the identity of the person who is the source of the allegations and may request the judge to submit a written response to the allegations or to be interviewed or deposed by the Committee or by such person or persons as the Committee may designate.

Note: Adopted July 23, 1974, effective immediately; amended July 13, 1994 to be effective September 1, 1994; caption and text amended February 3, 1997 to be effective March 1, 1997.

2:15-10. Action on Completion of Preliminary Investigation

On completion of its preliminary investigation, the Committee may:

(a) if it finds that the allegations are without merit, dismiss them and so inform the person who brought the allegations before the Committee, as well as the judge if the Committee so desires; or

(b) initiate formal proceedings pursuant to Rule 2:15-12; or

(c) if it finds conduct by the judge that does not constitute conduct for which there is probable cause that public discipline should be imposed but that is conduct of the type set forth in Rule 2:15-8(a) or other conduct that would reflect unfavorably on the judicial office if it were to become habitual or more substantial in character,

(1) communicate to the judge its private censure, reprimand, admonition, caution, or guidance concerning the conduct in question and so notify the person who brought the allegations before the Committee, with a copy of the communication being sent to the judges Assignment Judge or, if applicable, the Presiding Judge of the Tax Court or the Presiding Judge for Administration of the Appellate Division. In the exercise of his or her discretion, an Assignment Judge may forward a copy of the communication to the judges Superior Court or Municipal Court Presiding Judge, as may be applicable; or

(2) require the judge to appear for an informal conference pursuant to Rule 2:15-11.

Note: Adopted July 23, 1974, effective immediately; paragraphs (b) and (c) amended July 13, 1994 to be effective September 1, 1994; caption and text of former Rule 2:15-10 deleted and new caption and text adopted February 3, 1997 to be effective March 1, 1997; subparagraph (c)(1) amended July 27, 2006 to be effective September 1, 2006.

2:15-11. Informal Conference

At any time while a matter is pending before it, the Committee may conduct an informal conference with the judge and, in the discretion of the Committee, with the grievant.

(a) At an informal conference, the judge has the right to be represented by an attorney retained at the expense of the judge.

(b) All informal conferences shall be recorded by a qualified shorthand reporter, a video recording device, or a sound recording device. The Committee shall, on request, provide to the judge without charge a copy of any videotape that is made or transcript if one is prepared.

(c) If, after holding an informal conference with a judge, the Committee is satisfied that further proceedings are not warranted, the Committee shall dispose of the matter consistent with Rule 2:15-10(a) or (c).

(d) If, after holding an informal conference with a judge, the Committee determines that further proceedings are warranted, the Committee shall institute formal proceedings pursuant to Rule 2:15-12.

Note: Adopted July 23, 1974, effective immediately; paragraph (e) deleted and caption amended July 22, 1983 to be effective September 12, 1983; paragraph (c) amended July 13, 1994 to be effective September 1, 1994; caption and introductory text amended, paragraphs (a), (b) and (c) deleted and new paragraphs (a), (c) and (d) adopted, and paragraph (d) amended and redesignated as paragraph (b) February 3, 1997 to be effective March 1, 1997.

2:15-12. Institution of Formal Proceedings Before the Committee

(a) Whenever the Committee concludes from its preliminary investigation that probable cause exists for the imposition of public discipline, the Committee shall issue a formal complaint and shall serve it on the judge.

(b) The formal complaint shall issue over the signature of the Secretary to the Committee and shall give notice to the judge of the specific nature of the charges and of such facts as are then known to the Committee on which the charges are based.

(c) Within twenty days of service of the formal complaint on the judge, the judge shall file an answer to the charges with the Committee at its principal office. For good cause, the Committee may extend the time within which the judge may file an answer.

(d) After receiving the judges answer or after the expiration of the time within which an answer is due, the Committee shall schedule a formal hearing and shall immediately notify the judge of the time and place at which the hearing will be held.

Note: Adopted July 23, 1974, effective immediately; amended July 22, 1983 to be effective September 12, 1983; amended July 13, 1994 to be effective September 1, 1994; caption amended, text of former Rule 2:15-12 amended and incorporated into paragraphs (a) and (b) of Rule 2:15-15, and new paragraphs (a), (b), (c) and (d) adopted February 3, 1997 to be effective March 1, 1997.

2:15-13. Discovery

(a) Subsequent to the filing of an answer by the judge, the Committee shall make available to the judge all of the factual information in the Committees file that is related to the complaint.

(b) The Committee may request and shall thereupon receive reciprocal discovery from the judge.

Note: Adopted July 23, 1974, effective immediately; amended July 24, 1978 to be effective September 11, 1978; amended July 13, 1994 to be effective September 1, 1994; caption deleted and new caption adopted, text of former Rule 2:15-13 amended and incorporated into Rule 2:15-16, and new paragraphs (a) and (b) adopted February 3, 1997 to be effective March 1, 1997.

2:15-14. Conduct of Formal Hearing

(a) At a formal hearing, the judge has the right to be represented by an attorney retained at the expense of the judge.

(b) All testimony taken at a formal hearing shall be under oath.

(c) All formal hearings shall be recorded by a qualified shorthand reporter, a video recording device, or a sound recording device. The Committee shall provide a copy of any videotapes or transcripts to the judge without charge.

(d) The Secretary, or such other attorney as may be designated by the Committee, shall present to the Committee the evidence supporting the charges concerning the judge. The judge or the judges attorney shall present any evidence in defense or explanation of the charges. No other person, except the members of the Committee, shall participate in a formal hearing other than as a witness giving testimony under oath.

(e) The Rules of Evidence are not binding on the Committee.

(f) If the judge refuses to testify at the hearing, the Committee may draw any reasonable inference, under the circumstances of the matter, from such refusal to testify.

(g) At the conclusion of the formal hearing, the Committee may provide for post-hearing briefs.

(h) At the conclusion of a formal hearing, with proper notice to the judge, the Committee may order that the charges set forth in the formal complaint be amended to conform to the proofs presented at the hearing.

Note: Adopted July 23, 1974, effective immediately; amended July 22, 1983 to be effective September 12, 1983; caption deleted and new caption adopted, text of former Rule 2:15-14 amended and incorporated into Rule 2:15-17, and new paragraphs (a) through (h) adopted February 3, 1997 to be effective March 1, 1997.

2:15-15. Decision of the Committee; Transmittal of the Record

(a) If the Committee determines after a formal hearing that the charges against the judge have been proved by clear and convincing evidence and that a recommendation should be made to the Supreme Court for public reprimand, censure, suspension, or removal, it shall promptly file with the Clerk of the Supreme Court a Presentment setting forth its findings and its recommendation.

(b) If the Committee determines after a formal hearing that the charges against the judge have not been proved by clear and convincing evidence or that the conduct does not warrant a recommendation for public reprimand, censure, suspension, or removal by the Supreme Court, it shall recommend to the Supreme Court the dismissal of the complaint with or without private discipline.

(c) When filing the Committees decisions pursuant to this Rule, the Secretary shall certify the record before the Committee and shall file copies thereof with the Court. In addition, the Secretary shall forthwith serve on the judge and the grievant notice of its action and two copies of its decision and of the certification of the Committees record as filed with the Supreme Court.

Note: Adopted July 23, 1974, effective immediately; amended July 13, 1994 to be effective September 1, 1994; caption deleted and new caption adopted, text of former Rule 2:15-15 amended and incorporated into paragraph (a) of Rule 2:15-17, text of former Rule 2:15-12 amended and incorporated into Rule 2:15-15 as paragraphs (a) and (c) and new paragraph (b) adopted February 3, 1997 to be effective March 1, 1997.

2:15-16. Motion by Judge

Within seven days of the receipt of notice of a Presentment by the Committee, the judge may move in writing before the Supreme Court, on ten days notice to the Committee and to the Attorney General, or to such other attorney as may be designated to prosecute the matter pursuant to Rule 2:15-18, for an order dismissing or modifying the recommendation set forth in the Committees Presentment.

Note: Adopted July 23, 1974, effective immediately; caption deleted and new caption adopted, text of former Rule 2:15-16 amended and incorporated into paragraph (b) of Rule 2:15-22, text of former Rule 2:15-13 amended and incorporated into Rule 2:15-16 February 3, 1997 to be effective March 1, 1997.

2:15-17. Action by the Supreme Court

(a) Temporary Suspension. The Supreme Court may order the immediate temporary suspension of a judge of the Superior Court, Tax Court, Municipal Court, or Surrogates Court, with or without pay, from his or her judicial office or from the exercise of his or her judicial duties if the Court finds probable cause to conclude that the judge has violated the Code of Judicial Conduct, case law, or other authority and that the judges continued service while proceedings are pending before the Committee poses a substantial threat of serious harm to the administration of justice.

(b) Presentments. On review of a Presentment the Supreme Court shall:

(1) issue or order issued a complaint for removal pursuant to Rule 2:14-1; or

(2) require the judge to show cause why a sanction less than removal should not be imposed.

Note: Adopted July 23, 1974, effective immediately; caption deleted and new caption adopted, text of former Rule 2:15-17 amended and incorporated into Rule 2:15-21, text of former Rule 2:15-14 amended and incorporated into Rule 2:15-17 February 3, 1997 to be effective March 1, 1997; new paragraph (a) adopted and existing text of the Rule amended and designated as paragraph (b) July 12, 2002 to be effective September 3, 2002.

2:15-18. Prosecution of Removal Proceedings and of Other Proceedings Before the Supreme Court

(a) All phases of removal proceedings held pursuant to N.J.S.A. 2B:2A-1 to -10 shall be prosecuted by the Attorney General or a representative of the Attorney General unless the Court shall specially designate an attorney for such purpose (see N.J.S.A. 2B:2A-4).

(b) All proceedings in matters other than removal proceedings shall be prosecuted by the Secretary to the Committee or by such other attorney as the Committee may designate for such purpose.

Note: Adopted July 16, 1981 to be effective September 14, 1981; amended July 13, 1994 to be effective September 1, 1994; caption deleted and new caption adopted, text of former Rule 2:15-18 amended and incorporated into paragraph (a) of Rule 2:15-23, text of former Rule 2:15-15 amended and incorporated into paragraph (a) of Rule 2:15-18, new paragraph (b) adopted February 3, 1997 to be effective March 1, 1997.

2:15-19. Challenges to the Proceedings

Constitutional challenges to the proceedings shall be raised in response to notice received under Rules 2:15-9, 2:15-10, 2:15-11, or 2:15-12. They shall be preserved pending Supreme Court review of the matter on the merits.

Interlocutory relief may be had only to prevent irreparable injury. Motion papers shall conform to Rule 2:8-1. If leave to appeal is granted, the record below may, in the discretion of the Court, be supplemented by the filing of briefs and oral argument.

Note: Adopted July 16, 1981 to be effective September 14, 1981; amended February 3, 1997 to be effective March 1, 1997.

2:15-20. Confidentiality

(a) Except as provided in paragraphs (b) and (c) below and in Rule 2:15-25 (Referral for Administrative Action), the record before the Committee shall be confidential and shall not be available to any person except in the proper discharge of official duties. In all circumstances, prehearing conferences, deliberations of the Committee, and information subject to a protective order shall remain confidential.

(b) If the Committee files a formal complaint against the judge, the complaint and all further proceedings thereon shall be public except that the Committee may apply to the Supreme Court for permission to retain confidentiality in a matter involving special circumstances, such as when the Committee determines that the privacy interests of a witness or other person connected with the matter outweigh the public interest in the matter.

(c) If a judge who is the subject of a grievance requests it, the charge, the proceeding of the Committee thereon, and the action of the Committee with respect to the charge shall be made public.

Note: Adopted July 22, 1983 to be effective September 12, 1983; amended July 13, 1994 to be effective September 1, 1994; text amended and redesignated as paragraphs (a) and (c), paragraph (b) adopted February 3, 1997 to be effective March 1, 1997.

2:15-21. Costs

No award of costs shall be made in any proceeding before the Committee or the Supreme Court unless specifically ordered by the Supreme Court for good cause shown.

Note: Former Rule 2:15-17 amended and redesignated as Rule 2:15-21 February 3, 1997 to be effective March 1, 1997.

2:15-22. Immunity From Suit

(a) The members and staff of the Committee shall be absolutely immune from suit, whether legal or equitable in nature, for any conduct in the performance of their official duties.

(b) Witnesses and persons who bring to the Committee allegations concerning a judge shall be absolutely immune from suit, whether legal or equitable in nature, for all communications to the Committee or to its staff and for any testimony given at proceedings before the Committee, a three-judge panel, or the Supreme Court. This immunity shall not extend to any other publication or communication of such information.

Note: Paragraph (a) adopted and text of former Rule 2:15-16 amended and incorporated as paragraph (b) February 3, 1997 to be effective March 1, 1997.

2:15-23. Effect of Retirement, Resignation, or Failure of Reappointment

(a) Although a judge retires, resigns from office, or is not reappointed, the Committee may consider a matter involving that judges activities or conduct while a judge and may in its discretion (i) proceed with the matter in accordance with these Rules, or (ii) refer its file to the appropriate District Ethics Committee for handling pursuant to Rule 1:20, or (iii) take both actions.

(b) The Committee shall have jurisdiction to review the conduct of any judge who is retired and serving on recall.

Note: Text of former Rule 2:15-18 amended and incorporated as paragraph (a), paragraph (b) adopted February 3, 1997 to be effective March 1, 1997.

2:15-24. Disqualification of Judge

The filing of allegations concerning a judge shall not automatically require the judges recusal from a matter involving the grievant.

Note: Adopted February 3, 1997 to be effective March 1, 1997.

2:15-25. Referral for Administrative Action

Whenever the Committee determines that any or all of the allegations it has received are more properly the subject of administrative remedy or other administrative action, it may refer such allegations to the Administrative Office of the Courts and may so notify the person making the allegations.

Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:

a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.

3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.
4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.
14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500

Criminal Articles from www.NJLaws website

Thursday, June 2, 2016

NJ Appellate Court Rules

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