APPENDIX A - RULES APPENDIX A. CURRENT NEW … · APPENDICES APPENDIX A - RULES ... Supersedeas...

APPENDICESAPPENDIX A - RULES

APPENDIX A.CURRENT NEW JERSEY COURT RULES

GOVERNING APPELLATE PRACTICEPart I

RULES OF GENERAL APPLICATIONRule

1:1-2. Construction and Relaxation.1:3-4. Enlargement of Time.1:4-5. Signing and Dating of Pleadings; Motions.1:5-2. Manner of Service.1:5-3. Proof of Service.1:7-2. Objections.1:7-3. Record of Excluded Evidence.1:7-4. Findings by the Court in Non-Jury Trials and on Motions.1:10-1. Contempt in Presence of Court.1:10-2. Summary Contempt Proceedings on Order to Show Cause

or Order for Arrest.1:11-3. Termination of Responsibility in the Trial Court;

Responsibility on Appeal.1:13-1. Clerical Mistakes.1:13-2. Proceedings by Indigents.1:13-3. Approval and Filing of Surety Bond; Judgment Against

Principal and Surety.1:13-4. Transfer of Actions.1:13-9. Amicus Curiae; Motion; Grounds for Relief; Briefs.1:30-1. Courts Always Open.1:30-2. Terms of Court; Stated Sessions of Superior Court.1:30-3. Sittings of Courts.1:30-4. Clerks’ Offices.1:30-5. Vacations.1:33-1. The Chief Justice of the Supreme Court; Acting Chief Justice.1:33-2. Court Managerial Structure.1:33-3. The Administrative Director of the Courts.1:33-4. Assignment Judges; Presiding Judge for Administration of the

Appellate Division.1:33-5. Trial Court Administrators—Case Coordinators.1:33-6. Presiding Judges of Functional Units.1:34-2. Clerks of Court.1:36-1. Filing of Opinions.1:36-2. Publication.1:36-3. Unpublished Opinions.1:37-1. Title of Courts.1:37-3. Abbreviations; Title on Temporary Assignment.1:43. Filing and Other Fees Established Pursuant to N.J.S.A. 2B:1-7

APPENDIX A - RULES

Part IIRULES GOVERNING APPELLATE PRACTICE

Rule 2:1. ScopeRule 2:2. Appealable Judgments and Determinations

2:2-1. Appeals to the Supreme Court from Final Judgments.2:2-2. Appeals to the Supreme Court from Interlocutory Orders.2:2-3. Appeals to the Appellate Division from Final Judgments,

Decisions, Actions and from Rules; Tax Court.2:2-4. Appeals to the Appellate Division from Interlocutory Orders,

Decisions or Actions.2:2-5. Consequences of Certain Appellate Division Judgments.

Rule 2:3. Who May Appeal2:3-1. Appeal by the State in Criminal Actions.2:3-2. Appeal by Defendant and Others in Criminal Actions.2:3-3. Joint and Several Appeals.2:3-4. Cross Appeals.2:3-5. Workers’ Compensation Appeals Involving Employers Only.

Rule 2:4. Time for Appeal2:4-1. Time: From Judgments, Orders, Decisions, Actions

and from Rules.2:4-2. Time for Cross Appeals and Appeals by Respondents.2:4-3. Tolling of Time for Appeal and Certification.2:4-4. Extension of Time for Appeal and Review.

Rule 2:5. How to Appeal2:5-1. Notice of Appeal; Order in Lieu Thereof; Case Information

Statement.2:5-2. Deposits for Costs; Application for Dismissal for Default.2:5-3. Preparation and Filing of Transcript; Statement of Proceedings;

Prescribed Transcript Request Form.2:5-4. Record on Appeal.2:5-5. Correction or Supplementation of Record.2:5-6. Appeals from Interlocutory Orders, Decisions and Actions.

Rule 2:6. Appendices; Briefs; Transcript2:6-1. Preparation of Appellant’s Appendix; Joint Appendix;

Contents.2:6-2. Contents of Appellant’s Brief.2:6-3. Preparation of Respondent’s Appendix; Contents.2:6-4. Contents of Respondent’s Brief; Statement in Lieu of Brief;

Responsibility to File.2:6-5. Contents of Reply Brief and Appendix.2:6-6. Covers of Briefs and Appendices.2:6-7. Length of Briefs.2:6-8. References to Briefs; Appendices; Transcripts.2:6-9. Inadequate Appendix or Brief.2:6-10. Format of Briefs and Other Papers.2:6-11. Time for Serving and Filing Briefs; Appendices; Transcript;

Notice of Custodial Status.

APPENDIX A - RULES

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

Rule 2:7. Appeals by Indigent Persons2:7-1. Relief from Filing Fees; Deposit for Costs.2:7-2. Assignment of Counsel on Appeal.2:7-3. Joinder of Petitions; Copies Required.2:7-4. Relief in Subsequent Courts.

Rule 2:8. Motions; Dismissals; Summary Dispositions2:8-1. Motions.2:8-2. Dismissal of Appeals: Order; Stipulation.2:8-3. Motion for Summary Disposition.

Rule 2:9. Miscellaneous Proceedings Pending Appeal2:9-1. Control by Appellate Court of Proceedings Pending Appeal

or Certification.2:9-2. Extension and Acceleration of Time; Adjournments.2:9-3. Stay Pending Review in Criminal Actions.2:9-4. Bail After Conviction.2:9-5. Stay of Judgment in Civil Actions and in Contempts.2:9-6. Supersedeas Bond; Exceptions.2:9-7. Temporary Relief in Administrative Proceedings.2:9-8. Temporary Relief in Emergent Matters.2:9-9. Sanctions for Non-Compliance with Rules.2:9-10. Effect of Appeal by the State.2:9-11. Sentencing Appeals.2:9-12. Proportionality Review in Capital Cases.2:9-13. Appeals from Orders Granting Pretrial Detention2:9-14. Motion for Leave to Appeal from Disposition of R. 2:9-13 Appeal

Rule 2:10. Scope of Review2:10-1. Motion for New Trial as Prerequisite for Jury Verdict Review;

Standard of Review.2:10-2. Notice of Trial Errors.2:10-3. Review of Sentence.2:10-4. Convictions for Contempt.2:10-5. Original Jurisdiction.2:10-6. Allegation of Ineffective Assistance of Counsel in Termination of Parental Rights Cases

Rule 2:11. Argument; Determination; Costs; Rehearing2:11-1. Appellate Calendar; Oral Argument.2:11-2. Determination of Appeal on Motion for Leave to Appeal.2:11-3. Opinion, Judgment; Stay After Judgment.2:11-4. Attorney’s Fees on Appeal.2:11-5. Costs on Appeal.2:11-6. Motion for Reconsideration.

Rule 2:12. Appeals on Certification to the Supreme Court2:12-1. Certification on Motion of the Supreme Court.2:12-2. Certification of Appeals Pending Unheard in

Appellate Division.2:12-3. Certification of Final Judgments of the Appellate Division.2:12-4. Grounds for Certification.

1:1-2 APPENDIX A - RULES

2:12-5. Deposit for Costs.2:12-6. Record on Petition for Certification.2:12-7. Form, Service and Filing of Petition for Certification.2:12-8. Respondent’s Brief and Petitioner’s Reply Brief.2:12-9. Where Party Appeals and at the Same Time Makes

Application for Certification.2:12-10.Granting or Denial of Certification.2:12-11.Proceedings After Certification Granted.

Rule 2:12A. Certification of Questions of Law by the Supreme Court2:12A-1.Responding to Questions of Law.2:12A-2.Power to Reformulate Question.2:12A-3.Certification Order; Record.2:12A-4.Contents of Certification Order.2:12A-5.Notice; Response.2:12A-6.Procedures.2:12A-7.Disposition.2:12A-8.Cost of Certification.

Rule 2:13. Administration2:13-1. Presiding Justice or Judge.2:13-2. Quorum; Temporary Assignment.2:13-3. Places of Sitting.

Part IRULES OF GENERAL APPLICATION

CHAPTER I. PROCEDURE

RULE 1:1. APPLICABILITY, SCOPE, CONSTRUCTION, RELAXATION AND CITATION OF RULES

1:1-2. Construction and Relaxation(a) The rules in Part I through Part VIII, inclusive, shall be construed to

secure a just determination, simplicity in procedure, fairness inadministration and the elimination of unjustifiable expense and delay.Unless otherwise stated, any rule may be relaxed or dispensed with by thecourt in which the action is pending if adherence to it would result in aninjustice. In the absence of rule, the court may proceed in any mannercompatible with these purposes and, in civil cases, consistent with the casemanagement/trial management guidelines set forth in Appendix XX ofthese rules.

(b) As used in Part I through Part VIII of these rules and appendices,references to “marriage,” “husband,” “wife,” “spouse,” “family,”“immediate family,” “dependent,” “next of kin,” “widow,” “widower,”“widowed,” or another word that in a specific context denotes a marital orspousal relationship shall include a civil union, as established by N.J.S.A.37:1-28 to -36, and a domestic partnership, as established by N.J.S.A.26:8A-1 to -13, and the persons in those relationships.

Note: Source—R.R 1:27A, 3:1-2, 3:11-9, 4:1-2, 4:121, 6:1-1 (second sentence), 6:1-2, 8:1-2.Amended June 20, 1979 to be effective July 1, 1979; amended July 5, 2000 to be effective September5, 2000; caption amended, former text designated as paragraph (a), and new paragraph (b) adopted July

APPENDIX A - RULES 1:4-516, 2009 to be effective September 1, 2009; paragraph (b) amended July 21, 2011 to be effectiveSeptember 1, 2011.

RULE 1:3. TIME

1:3-4. Enlargement of Time(a) Enlargement by Order or Consent. Unless otherwise expressly

provided by rule, a period of time thereby fixed for the doing of an act maybe enlarged before or after its expiration by court order on notice or (unlessa court has otherwise ordered) by consent of the parties in writing.

(b) Enlargement for Appeal and Review. Enlargement of time forappeal and review shall be governed by the following rules: appeals to theSupreme Court and Superior Court, Appellate Division, by R. 2:4-4;actions in lieu of prerogative writs in the Superior Court, Law Division, byR. 4:69-6(c); appeals to the Superior Court, Law Division from reports ofcondemnation commissioners, by R. 4:73-6(a); civil appeals to theSuperior Court, Law Division, by R. 4:74-2(b); and review of ex parteprobate actions, by R. 4:85-2.

(c) Enlargements Prohibited. Neither the parties nor the court may,however, enlarge the time specified by R. 1:7-4 (motion for amendment offindings); R. 3:18-2 (motion for judgment of acquittal after discharge ofjury); R. 3:20-2, R. 4:49-1(b) and (c) and R. 7:10-1 (motion for new trial);R. 3:21-9 (motion in arrest of judgment); R. 3:21-10(a); R. 3:22-12(petitions for post-conviction relief); R. 3:23-2 (appeals to the LawDivision from judgments of conviction in courts of limited criminaljurisdiction); R. 3:24 (appeals to the Law Division from interlocutoryorders and orders dismissing the complaint entered by courts of limitedcriminal jurisdiction); R. 4:40-2(b) (renewal of motion for judgment); R.4:49-2 (motion to alter or amend a judgment); and R. 4:50-2 (motion forrelief from judgment or order).

Note: Source—R.R. 1:27B(a) (b) (c) (d) (e), 4:6-1, 8:12-5(a) (b). Paragraph (c) amended July 7,1971, effective September 13, 1971; paragraph (b) amended November 27, 1974 to be effective April1, 1975; paragraph (b) amended July 22, 1983 to be effective September 12, 1983; paragraph (c)amended July 26, 1984 to be effective September 10, 1984; paragraphs (b) and (c) amended July 14,1992 to be effective September 1, 1992; paragraph (c) amended January 5, 1998 to be effectiveFebruary 1, 1998; paragraph (c) amended July 10, 1998 to be effective September 1, 1998; paragraph(c) amended July 28, 2004 to be effective September 1, 2004; paragraph (c) amended July 16, 2009 tobe effective September 1, 2009.

RULE 1:4. FORM AND EXECUTION OF PAPERS

1:4-5. Signing and Dating of Pleadings; MotionsPleadings (other than indictments), motions and briefs shall be signed

by the attorney of record or the attorney’s associate or by a pro se party.Signatures of a firm may be typed, followed by the signature of an attorneyof the firm. Signatures on any duplicate original or carbon copy requiredto be filed may be typed. Every paper to be filed shall bear the date onwhich it was signed.

Note: Source—R.R 4:5-6(a) (third sentence), 4:7-2(b), 4:11 (first 3 sentences); caption and textamended to be effective September 11, 1978; amended July 16, 1981 to be effective September 14,1981; amended July 13, 1994 to be effective September 1, 1994.


RULE 1:5. SERVICE AND FILING OF PAPERS

1:5-2. Manner of ServiceService upon an attorney of papers referred to in R. 1:5-1 shall be made

by mailing a copy to the attorney at his or her office by ordinary mail, byhanding it to the attorney, or by leaving it at the office with a person in theattorney’s employ, or, if the office is closed or the attorney has no office,in the same manner as service is made upon a party. Service upon a partyof such papers shall be made as provided in R. 4:4-4 or by registered orcertified mail, return receipt requested, and simultaneously by ordinarymail to the party’s last known address. If no address is known, despitediligent effort, the filing of papers with the clerk shall be deemed to satisfythat service requirement and there need be no separate service upon theclerk. Mail may be addressed to a post office box in lieu of a street addressonly if the sender cannot by diligent effort determine the addressee’s streetaddress or if the post office does not make street-address delivery to theaddressee. The specific facts underlying the diligent effort required by thisrule shall be recited in the proof of service required by R. 1:5-3. If,however, proof of diligent inquiry as to a party’s whereabouts has alreadybeen filed within six months prior to service under this rule, a new diligentinquiry need not be made provided the proof of service required by R. 1:5-3 asserts that the party making service has no knowledge of any factsdifferent from those recited in the prior proof of diligent inquiry.

Note: Source—R.R 1:7-12(d), 1:10-10(b), 1:11-2(c), 2:11-2(c), 3:11-1(b), 4:5-2(a) (first foursentences); amended July 16, 1981 to be effective September 14, 1981; amended July 13, 1994 to beeffective September 1, 1994; amended July 28, 2004 to be effective September 1, 2004; amended July23, 2010 to be effective September 1, 2010.

1:5-3. Proof of ServiceProof of service of every paper referred to in R. 1:5-1 may be made (1)

by an acknowledgment of service, signed by the attorney for a party orsigned and acknowledged by the party, or (2) by an affidavit of the personmaking service, or (3) by a certification of service appended to the paperto be filed and signed by the attorney for the party making service. Ifservice has been made by mail the affidavit or certification shall state thatthe mailing was to the last known address of the person served. A proof ofservice made by affidavit or certification shall state the name and addressof each attorney served, identifying the party that attorney represents, andthe name and address of any pro se party. The proof shall be filed with thecourt promptly and in any event before action is to be taken on the matterby the court. Where service has been made by registered or certified mail,filing of the return receipt card with the court shall not be required. Failureto make proof of service does not affect the validity of the service, and thecourt at any time may allow the proof to be amended or supplied unless aninjustice would result.

Note: Source—R.R 4:5-2(b), 4:88-10 (fifth sentence); amended July 17, 1975 to be effectiveSeptember 8, 1975; amended July 29, 1977 to be effective September 6, 1977; amended June 29, 1990to be effective September 4, 1990; amended July 12, 2002 to be effective September 3, 2002.

APPENDIX A - RULES 1:7-4

RULE 1:7. GENERAL PROVISIONS FOR TRIALS1:7-2. Objections

For the purpose of reserving questions for review or appeal relating torulings or orders of the court or instructions to the jury, a party, at the timethe ruling or order is made or sought, shall make known to the courtspecifically the action which the party desires the court to take or theparty’s objection to the action taken and the grounds therefor. Except asotherwise provided by R. 1:7-5 and R. 2:10-2 (plain error), no party mayurge as error any portion of the charge to the jury or omissions therefromunless objections are made thereto before the jury retires to consider itsverdict, but opportunity shall be given to make the objection in open court,in the absence of the jury. A party shall only be prejudiced by the absenceof an objection if there was an opportunity to object to a ruling, order orcharge.

Note: Source—R.R 3:7-7(b), 3:7-8, 4:47, 4:52-1 (third and fourth sentences); amended July 13, 1994to be effective September 1, 1994.

1:7-3. Record of Excluded EvidenceIf an objection to a question propounded to a witness is sustained by the

court, the examining attorney may, out of the hearing of the jury (if thereis a jury), make a specific offer of what is expected to be proved by theanswer of the witness, and the court may add such other and furtherstatement as clearly shows the character of the evidence, the form in whichit was offered, and the ruling thereon. In actions tried without a jury thecourt shall upon request permit the evidence and any cross-examinationrelating thereto or evidence in rebuttal thereof to be taken down by thecourt reporter in full, or otherwise preserved, unless it clearly appears tothe court that the evidence is not admissible on any ground or that thewitness is privileged or unless the interest of justice otherwise requires. Inactions tried with a jury the court may, in its discretion and in the absenceof the jury, permit such taking and preservation of the excluded evidence.

Note: Source—R.R 4:44-3; amended July 13, 1994 to be effective September 1, 1994.

1:7-4. Findings by the Court in Non-Jury Trials and on Motions(a) Required Findings. The court shall, by an opinion or memorandum

decision, either written or oral, find the facts and state its conclusions oflaw thereon in all actions tried without a jury, on every motion decided bya written order that is appealable as of right, and also as required by R.3:29. The court shall thereupon enter or direct the entry of the appropriatejudgment.

(b) Motion for Amendment. On motion made not later than 20 daysafter service of the final order or judgment upon all parties by the partyobtaining it, the court may grant a rehearing or may, on the paperssubmitted, amend or add to its findings and may amend the final order orjudgment accordingly, but the failure of a party to make such motion or toobject to the findings shall not preclude that party’s right thereafter toquestion the sufficiency of the evidence to support the findings. Themotion to amend the findings, which may be made with a motion for a newtrial, shall state with specificity the basis on which it is made, including astatement of the matters or controlling decisions that counsel believes the


court has overlooked or on which it has erred. Motions for reconsiderationof interlocutory orders shall be determined pursuant to R. 4:42-2.

Note: Source—R.R. 3:7-1(c), 4:53-1, 4:53-2, 8:7-2(c); caption and text amended November 1, 1985to be effective January 2, 1986; caption and text amended November 5, 1986 to be effective January1, 1987; amended November 7, 1988 to be effective January 2, 1989; caption and text amended July14, 1992 to be effective September 1, 1992; amended and paragraphs (a) and (b) designated July 10,1998 to be effective September 1, 1998; paragraph (a) amended July 5, 2000 to be effective September5, 2000.

RULE 1:10. CONTEMPT OF COURT; ENFORCEMENT OF LITIGANT’S RIGHTS

Note: Caption to Rule 1:10 amended July 27, 2006 to be effective September 1, 2006.

1:10-1. Contempt in Presence of CourtA judge conducting a judicial proceeding may adjudicate contempt

summarily without an order to show cause if:(a) the conduct has obstructed, or if continued would obstruct, the

proceeding;(b) the conduct occurred in the actual presence of the judge, and was

actually seen or heard by the judge;(c) the character of the conduct or its continuation after an appropriate

warning unmistakably demonstrates its willfulness;(d) immediate adjudication is necessary to permit the proceeding to

continue in an orderly and proper manner; and(e) the judge has afforded the alleged contemnor an immediate

opportunity to respond.The order of contempt shall recite the facts and contain a certification

by the judge that he or she saw or heard the conduct constituting thecontempt and that the contemnor was willfully contumacious. Punishmentmay be determined forthwith or deferred. Execution of sentence shall bestayed for five days following imposition and, if an appeal is taken, duringthe pendency of the appeal, provided, however, that the judge may requirebail if reasonably necessary to assure the contemnor’s appearance.

Note: Source—R.R. 4:87-1, 8:8; amended July 13, 1994 to be effective September 1, 1994.

1:10-2. Summary Contempt Proceedings on Order to Show Cause orOrder for Arrest

(a) Institution of Proceedings. Every summary proceeding to punishfor contempt other than proceedings under R. 1:10-1 shall be on notice andinstituted only by the court upon an order for arrest or an order to showcause specifying the acts or omissions alleged to have been contumacious.The proceedings shall be captioned “In the Matter of __________ Chargedwith Contempt of Court.”

(b) Release Pending Hearings. A person charged with contempt underR. 1:10-2 shall be released on his or her own recognizance pending thehearing unless the judge determines that bail is reasonably necessary toassure appearance. The amount and sufficiency of bail shall be reviewableby a single judge of the Appellate Division.

(c) Prosecution and Trial. A proceeding under R. 1:10-2 may beprosecuted on behalf of the court only by the Attorney General, the CountyProsecutor of the county, or where the court for good cause designates anattorney, then by the attorney so designated. The matter shall not be heard


by the judge who instituted the prosecution if the appearance of objectivityrequires trial by another judge. Unless there is a right to a trial by jury, thecourt in its discretion may try the matter without a jury. If there is anadjudication of contempt, the provisions of R. 1:10-1 as to stay ofexecution of sentence shall apply.

Note: Source—R.R. 4:87-2; former R. 1:10-2 redesignated R. 1:10-2(a), former R. 1:10-3 amended,recaptioned and redesignated R. 1:10-2(b) and former R. 1:10-4 amended, recaptioned andredesignated R. 1:10-2(c) July 13, 1994 to be effective September 1, 1994.

RULE 1:11. WITHDRAWAL, SUBSTITUTION, TERMINATION OF RESPONSIBILITY OF ATTORNEY

1:11-3. Termination of Responsibility in the Trial Court;Responsibility on Appeal

The responsibility of an attorney of record in any trial court with respectto the further conduct of the proceedings shall terminate upon theexpiration of the time for appeal from the final judgment or order enteredtherein. For purposes of appeal or certification, however, the attorney ofrecord for the adverse party in the court below shall be considered asattorney for the respondent, and notice and papers served upon thatattorney shall be deemed good service until the appellant or petitioner isnotified of an appearance entered by a new attorney or is given writtennotice by the respondent naming another attorney.

Note: Source—R.R. 1:12-3(a), 2:10; amended July 13, 1994 to be effective September 1, 1994.

RULE 1:13. MISCELLANEOUS RULES AS TO PROCEDURE1:13-1. Clerical Mistakes

Clerical mistakes in judgments, orders or other parts of the record anderrors therein arising from oversight and omission may at any time becorrected by the court on its own initiative or on the motion of any party,and on such notice and terms as the court directs, notwithstanding thependency of an appeal.

Note: Source—R.R. 3:7-14, 4:62-1, 8:7-12.

1:13-2. Proceedings by Indigents(a) Waiver of Fees. Except when otherwise specifically provided by

these rules, whenever any person by reason of poverty seeks relief from thepayment of any fees provided for by law which are payable to any court orclerk of court including the office of the surrogate or any public officer ofthis State, any court upon the verified application of such person, whichapplication may be filed without fee, may in its discretion order thepayment of such fees waived. In any case in which a person is representedby a legal services or public interest organization or law school clinical orpro bono program approved under R. 1:21-11(b)(2), private counselrepresenting indigents in cooperation with any of the preceding entities,the Office of the Public Defender, or counsel assigned in accordance withthese rules, all such fees and any charges of public officers of this State forservice of process shall be waived without the necessity of a court order.

(b) Compensation of Attorneys. Except as provided by any order ofthe court, no attorney assigned to represent a person by reason of povertyshall take or agree to take or seek to obtain from the client, payment of any


fee, profit or reward for the conduct of such proceedings for office or otherexpenses; but no attorney shall be required to expend any personal fundsin the prosecution of the cause.

Note: Source—R.R. 1:27E, 4:98-2(c). Paragraph (a) amended and paragraph (b) adopted July 7,1971, to be effective September 13, 1971; paragraph (a) amended July 29, 1977 to be effectiveSeptember 6, 1977; amended May 3, 1982 to be effective immediately; paragraph (a) amended July22, 1983 to be effective September 12, 1983; paragraph (b) amended July 13, 1994 to be effectiveSeptember 1, 1994; paragraph (a) amended July 22, 2014 to be effective January 1, 2015.

1:13-3. Approval and Filing of Surety Bond; Judgment AgainstPrincipal and Surety

(a) Approval by the Court. Neither the clerk of the court, the sheriff,nor any other person shall accept a surety bond in any action or proceedingpending in the court, other than a bond for costs given by a non-residentclaimant, unless the same has been approved as to form and sufficiency bya judge of any court of this State except that a surrogate may approve andaccept a bond, and in the absence of a judge the clerk may approve andaccept a bail bond. Bonds need not be filed in duplicate.

(b) Contents. All surety and bail bonds given in any court shall providethat the principal and surety thereby submit themselves to the jurisdictionof the court (or to the jurisdiction of the trial court, if the bond is given inan appellate court); that they irrevocably appoint the clerk of the courthaving jurisdiction as their agent upon whom papers affecting theirliability on the bond may be served; that they waive any right to a jury trial;that the liability of the principal and surety may be enforced by motion inthe action, if one is pending, without the necessity of an independentaction; and that the motion may be served on the principal and surety bymailing it, by ordinary mail, to the clerk of the court, or to the surrogate inthe case of a bond approved by the Chancery Division, Probate Part or thesurrogate, who shall forthwith mail copies thereof by ordinary mail to theprincipal and surety at the addresses stated in the bond.

(c) Cash Deposit. Whenever a bond with sureties is required, the court,including the Surrogate, may by order allow a cash deposit in lieu thereof.

(d) Registry of Insurers. No surety bond for purposes of bail shall beaccepted by any court unless the insurer has first filed with the Clerk of theSuperior Court a Bail Program Registration Form in the form prescribedby the Administrative Director of the Courts on the recommendation of theClerk of Superior Court. Said form shall include the insurer's certificationthat it is authorized or admitted to transact surety business by the NewJersey Department of Banking and Insurance and shall include the nameand address of each of its bail agents and agencies, any other person orentity who has provided it with a guarantee to satisfy forfeited bail or a bailforfeiture judgment, and any other person or entity authorized by theinsurer to administer or manage its bail bond business. The bail agents andagencies so registered by the insurer shall be licensed as insuranceproducers or limited lines insurance producers. The insurer shall have acontinuing obligation to update its Bail Program Registration Form aschanges occur in order to assure that the information is complete andaccurate.


(e) Removal from Bail Registry.(1) Licensure. A registered insurer shall be removed from the Bail

Registry on 30 days notice if it fails to provide complete and accurateinformation as required by the Bail Program Registration Form. Aregistered insurer who fails to maintain its authorization or admission totransact surety business in this State or a registered bail agent or agency,guarantor, or other person administering or managing an insurer’s bailbond business if it fails to maintain any license required by the Departmentof Banking and Insurance shall be forthwith removed from the BailRegistry.

(2) Failure to Satisfy Judgment. If a registered insurer fails to satisfya judgment entered pursuant to R. 3:26-6(c) or R. 7:4-5(c), the Clerk of theSuperior Court shall forthwith send the insurer a notice informing it that ifit fails to satisfy the judgment within fifteen days of the notice, it shall beremoved from the Bail Registry until satisfaction is made. Further, theinsurer's bail agents and agencies, guarantors, and other persons or entitiesauthorized to administer or manage its bail bond business in this State willhave no further authority to act for it. Their names, as acting for the insurer,will be removed from the Bail Registry. In addition, the bail agent oragency, guarantor, or other person or entity authorized by the insurer toadminister or manage its bail bond business in this State who acted in suchcapacity with respect to the forfeited bond will be precluded, by removalfrom the Bail Registry, from so acting for any other insurer until thejudgment has been satisfied.

(3) Habitual Noncompliance. Unless the court orders otherwise,nothing herein shall preclude the Clerk of the Superior Court, on 30 days'notice, from removing from the Bail Registry any person or entityhabitually failing to perform the obligations imposed by the bail bonds.

(4) Notice. All notices required by this rule shall be sent by certifiedmail, return receipt requested, to the address listed on the Bail ProgramRegistration Form.

Note: Source—R.R. 1:4-8(b), 1:4-9, 3:9-7(c) (second, third and fourth sentences), 4:72-2, 4:118-6(a)(b). Paragraph (a) amended July 7, 1971 to be effective September 13, 1971; paragraph (b) amendedJuly 14, 1972 to be effective September 5, 1972; paragraphs (a) and (b) amended July 13, 1994 to beeffective September 1, 1994; paragraph (c) amended June 28, 1996 to be effective September 1, 1996;new sections (d) and (e) added July 5, 2000 to be effective September 5, 2000; paragraph (d) amendedMay 20, 2003 to be effective immediately; paragraph (a) amended, former paragraph (d) deleted andnew paragraph (d) adopted, text of paragraph (e) deleted and new text adopted July 28, 2004 to beeffective September 1, 2004; paragraph (d) amended July 19, 2012 to be effective September 4, 2012.

1:13-4. Transfer of Actions(a) On Motion. Subject to the right to be prosecuted by indictment, if

any court is without jurisdiction of the subject matter of an action or issuetherein or if there has been an inability to serve a party without whom theaction cannot proceed as provided by R. 4:28-1, it shall, on motion or onits own initiative, order the action, with the record and all papers on file,transferred to the proper court, or administrative agency, if any, in theState. The action shall then be proceeded upon as if it had been originallycommenced in that court or agency.

(b) After Appeal. If any action transferrable under paragraph (a)because of lack of jurisdiction over the subject matter is appealed without


having been transferred, the appellate court may decide the appeal anddirect the appropriate judgment or decision to be entered in the court oragency to which the action should have been transferred.

(c) Payment of Fees. Where pursuant to this rule an action is orderedtransferred to or judgment or decision ordered entered in the proper courtor agency, the order shall be conditioned upon the payment by the partiesto the clerk of such court or to such agency of the fees that would have beenpayable had the action originally been instituted in such court or agency.Payments to the clerk of any court shall be made payable to the “Treasurer,State of New Jersey.”

Note: Source—R.R. 1:27D; paragraphs (a), (b) and (c) amended July 24, 1978 to be effectiveSeptember 11, 1978; paragraph (c) amended July 27, 2006 to be effective September 1, 2006.

1:13-9. Amicus Curiae; Motion; Grounds for Relief; Briefs(a) An application for leave to appear as amicus curiae in any court shall

be made by motion in the cause stating with specificity the identity of theapplicant, the issue intended to be addressed, the nature of the publicinterest therein and the nature of the applicant's special interest,involvement or expertise in respect thereof. The court shall grant themotion if it is satisfied under all the circumstances that the motion istimely, the applicant's participation will assist in the resolution of an issueof public importance, and no party to the litigation will be undulyprejudiced thereby. The order granting the motion shall define withspecificity the permitted extent of participation by the amicus and shall,where appropriate, fix a briefing schedule.

(b) Briefs filed by an amicus curiae in any court shall comply with allapplicable rules.

(c) Except as provided in subsection (f), motions for leave to appear asan amicus curiae in the Appellate Division shall be accompanied by theproposed amicus curiae brief and shall be filed on or before the day whenthe last brief is due from any party.

(d) An amicus curiae who has been granted leave to appear in a causemay, without seeking further leave:

(1) file a brief in an appeal taken to any court from a final judgment orappealable interlocutory order, provided that the brief is filed on or beforethe day on which the last brief is due from any party;

(2) file a brief in support of or in opposition to a motion for leave toappeal, provided that the brief is filed on or before the day on which thelast brief is due from any party;

(3) file a brief in the Supreme Court in support of or in opposition to apetition for certification, provided that the brief is filed on or before the dayon which the last brief is due from any party; and

(4) file a brief on the merits after the Supreme Court has granted apetition for certification or a motion for leave to appeal, or after a notice ofappeal has been filed, provided that the brief is filed in compliance with thetime frames fixed in subsection (e) of this Rule.

(e) An amicus curiae who has not been granted leave to appear in acause may file a motion for leave to appear in the Supreme Court inconnection with a petition for certification, a motion for leave to appeal, or


an appeal, provided that the motion is accompanied by the proposedamicus curiae brief. Except as provided in Subsection (f) of this Rule,motions for leave to appear as an amicus curiae in the Supreme Court inconnection with a petition for certification or a motion for leave to appealshall be filed on or before the day on which the last brief is due from anyparty. Motions for leave to appear as an amicus curiae in connection withan appeal shall be filed within seventy-five (75) days of the date when theSupreme Court posts on its public website a notice of:

(1) an order granting certification;(2) an order granting leave to appeal; or(3) the filing of a notice of appeal.Untimely motions may be granted by the Supreme Court only on a

showing of good cause demonstrated to the satisfaction of the Court.(f) In the event that the Supreme Court, or the Appellate Division, has

directed the parties to submit briefs in accordance with an acceleratedschedule, an amicus curiae shall file its motion for leave to appear,accompanied with its brief, on or before the date fixed for the last brief duefrom any party.

Note: Adopted July 16, 1979 to be effective September 10, 1979; caption and text amended July 13,1994 to be effective September 1, 1994; former text reallocated as paragraphs (a) and (b), paragraph(a) amended, and new paragraphs (c), (d), (e), and (f) adopted July 23, 2010 to be effective September1, 2010; paragraph (f) amended March 24, 2011 to be effective immediately; paragraph (e) amendedJuly 22, 2014 to be effective September 1, 2014.

CHAPTER IV. ADMINISTRATION

RULE 1:30. COURT SCHEDULES1:30-1. Courts Always Open

The courts shall be deemed always open for filing any proper paper, theissuance and return of process, the making of motions, the entering oforders and judgments, and the transaction of all judicial business.

Note: Source—R.R. 3:11-8, 4:118-4, 6:2-4, 8:12-7.

1:30-2. Terms of Court; Stated Sessions of Superior Court(a) Terms. All courts shall hold one term annually, commencing on

such date as shall be fixed by the Chief Justice. Matters not concluded in aterm shall be carried to the succeeding term, but the continued existence orexpiration of a term of court in no way affects the power of the court to doany act or take any proceeding in any action which has been pendingbefore it.

(b) Sessions. Within each term of the Superior Court, Law Divisionthere shall be 3 stated sessions commencing at times fixed by the ChiefJustice.

Note: Source—R.R. 1:1-3, 1:28A, 2:1-2, 3:1-4, 4:6-2 (second sentence), 4:118-3. Paragraph (a)amended December 21, 1971 to be effective January 31, 1972; amended July 13, 1994 to be effectiveSeptember 1, 1994; caption amended July 28, 2004 to be effective September 1, 2004.

1:30-3. Sittings of Courts(a) Court Hours. Court hours for all trial courts, except the municipal

courts, shall be fixed by the Chief Justice. Court hours for each municipalcourt shall be fixed by the judge or presiding judge thereof, subject to theapproval of the Administrative Director of the Courts.


(b) Court Days. When not in recess, all courts shall sit Monday toFriday, inclusive; except that the appellate courts shall sit on days fixed bythe Chief Justice and municipal courts shall sit on days fixed by the judgeor presiding judge thereof, subject to the approval of the AdministrativeDirector of the Courts.

(c) Motion Days. Motions shall be heard in all trial courts as scheduledfrom time to time by the Chief Justice.

(d) Court Recesses. All courts shall be in recess on Saturdays, Sundays,legal holidays and such other days as the Chief Justice shall order.

(e) Special Sittings. Nothing in this rule shall preclude the ChiefJustice, the presiding judge of an appellate court, the Assignment Judge, orthe judge presiding in any court from directing that any matter be heard atsuch other hours or on such other days as the judge may deem necessaryor appropriate.

Note: Source—R.R. 1:28-1, 1:28-2, 1:28-3, 1:28-4, 1:28-5, 4:119-1 (first sentence), 6:2-5(a), 8:2-2;paragraph (e) amended July 13, 1994 to be effective September 1, 1994.

1:30-4. Clerks’ OfficesThe office of the clerk of every court, except the municipal courts, shall

be open to the public for the transaction of all business of the court for suchhours and on such days as shall be fixed by the Chief Justice. The office ofthe clerk of every municipal court shall be open to the public for thetransaction of all business of the court on days and during hours fixed bythe judge or presiding judge thereof, subject to the approval of theAdministrative Director of the Courts.

Note: Source—R.R. 7:19-4. Amended December 21, 1971 to be effective January 31, 1972.

1:30-5. Vacations(a) Judges. Vacations of judges of all appellate courts shall be

scheduled by the Chief Justice. Vacations of judges of all trial courts,except the Tax Court and the municipal courts, shall be scheduled by theAssignment Judge, subject to the approval of the Chief Justice. Judges ofthe municipal courts shall schedule their own vacations, subject to theapproval of the presiding judge of such court and the AdministrativeDirector of the Courts, but shall make provision where necessary for otherjudges to sit in their stead. The presiding judge of the Tax Court shallschedule vacations of the judges thereof, subject to the approval of theChief Justice.

(b) Supporting Personnel. Vacations of persons in the judicial branchof government shall be scheduled insofar as practicable during times whenthe courts are in recess or at such other times as shall least inconveniencethe work of the courts. The amount of vacation time allowed shall becommensurate with that allowed other public employees holdingcomparable positions. The vacations of all persons assigned to oremployed by a judge shall be subject to the approval of such judge and theAssignment Judge.

Note: Source—R.R. 1:28-5, 6:2-7. Paragraph (a) amended June 20, 1979 to be effective July 1, 1979;paragraph (a) amended July 22, 1983 to be effective September 12, 1983.


RULE 1:33. ADMINISTRATIVE RESPONSIBILITY1:33-1. The Chief Justice of the Supreme Court; Acting Chief Justice

The Chief Justice of the Supreme Court shall be responsible for theadministration of all courts in the State. To assist in those duties the ChiefJustice shall appoint an Administrative Director of the Courts who shallserve at the pleasure of and report directly to the Chief Justice. A full-timejudge of any court of this State may be designated to serve temporarily asActing Administrative Director, in which event such judge shall continueto hold, and shall only be paid the salary of such judicial office. If there isa vacancy in the office of Chief Justice, the senior justice shall servetemporarily as Acting Chief Justice. Seniority shall be determined by orderof taking of oath as a member of the court. If the Chief Justice is absent orunable to serve, the senior justice shall serve temporarily as Acting ChiefJustice.

Note: Source—R.R. 6:2-1A(b), 7:20-2(b), 8:13-3A, Const. of 1947, Art. VI, Sec. VII, par. 1;amended June 5, 1973, effective immediately; 5th, 6th and 7th sentences adopted October 30, 1973, tobe effective immediately; amended January 16, 1975 to be effective April 1, 1975; amended June 20,1979 to be effective July 1, 1979; amended October 26, 1983, to be effective immediately; amendedJune 29, 1990 to be effective September 4, 1990.

1:33-2. Court Managerial Structure(a) The Chief Justice shall divide the State into such geographical

divisions as appropriate to facilitate the efficient administration of thecourts. Such geographical divisions shall be known as “vicinages.”

(b) For each vicinage, the Chief Justice shall designate a judge of theSuperior Court to serve as Assignment Judge. Each such AssignmentJudge shall serve at the pleasure of and report directly to the Chief Justice.

(c) Within each vicinage, the Chief Justice shall organize the trial courtsystem into four functional units to facilitate the management of the trialcourt system within that vicinage. These units shall be: Civil, Criminal,Family and General Equity.

(d) (1) Each functional unit shall be supervised by a Presiding Judgewho shall be appointed by the Chief Justice, after consultation with theAssignment Judge, and who shall serve at the pleasure of the Chief Justice.A Presiding Judge may supervise more than one functional unit. ThePresiding Judge shall report directly and be responsible to the AssignmentJudge.

(2) The Chief Justice may appoint the Assignment Judge to serve as thePresiding Judge for one or more functional units within the vicinage.

(e) The Chief Justice shall designate a judge of the Tax Court aspresiding judge, to serve at the pleasure of the Chief Justice.

Note: Former rule redesignated R. 1:33-3 and new rule adopted October 26, 1983, to be effectiveimmediately; paragraphs (a) (b) (d) and (e) amended June 29, 1990 to be effective September 4, 1990;paragraph (c) amended June 28, 1996 to be effective September 1, 1996.

1:33-3. The Administrative Director of the CourtsThe Administrative Director of the Courts shall be generally

responsible for the enforcement of the rules, policies and directives of theSupreme Court and the Chief Justice relating to matters of administration.At the direction of the Chief Justice and the Supreme Court, theAdministrative Director shall promulgate a compilation of administrative


rules and directives relating to case processing, records and managementinformation services, personnel, budgeting and such other matters as theChief Justice and Supreme Court shall direct. The Administrative Directoralso shall perform such other functions and duties as may be assigned bythe Chief Justice or by rule of the Supreme Court.

Note: Former Rule redesignated R. 1:33-4 October 26, 1983, to be effective immediately.Source (Current Rule)—Formerly R. 1:33-2 redesignated as R. 1:33-3 and amended October 26,

1983 to be effective immediately; amended June 29, 1990 to be effective September 4, 1990.

1:33-4. Assignment Judges; Presiding Judge for Administration of theAppellate Division

(a) The Assignment Judge shall be the chief judicial officer within thevicinage and shall have plenary responsibility for the administration of allcourts therein, subject to the direction of the Chief Justice and the rules ofthe Supreme Court. The Assignment Judge shall be responsible for theimplementation and enforcement of the rules, policies and directives of theSupreme Court, the Chief Justice and the Administrative Director.

(b) The Assignment Judge shall be the authorized representative of theChief Justice for the efficient and economic management of all courtswithin the vicinage. The responsibilities of the Assignment Judge alsoshall include all such matters affecting county and municipal governments,including but not limited to budgets, personnel, and facilities.

(c) The Assignment Judge shall be responsible for the supervision andefficient management of all court matters filed in the vicinage and for thesupervision, superintendence and allocation of all judges and personnelhaving a judicial support function within the vicinage.

(d) The Assignment Judge shall have full responsibility for theadministration of all court units within the vicinage, including those of theSurrogate and the Deputy Clerk of the Superior Court.

(e) Subject to uniform minimum standards and conditions promulgatedby the Administrative Director, the Assignment Judge may appoint anddischarge judicial support personnel within the vicinage.

(f) The Assignment Judge shall perform such additional duties as shallbe assigned by the Chief Justice or by rule of the Supreme Court.

(g) The Presiding Judge for Administration of the Appellate Division,with the assistance of the Deputy Presiding Judge for Administration, shallhave responsibility for the administration of the Appellate Division subjectto the direction of the Chief Justice and the rules of the Supreme Court. ThePresiding Judge for Administration shall be responsible for theimplementation and enforcement of the rules, policies and directives of theSupreme Court, the Chief Justice and the Administrative Director; theresponsibilities of the Presiding Judge for Administration shall include allpersonnel and management matters as are assigned by the Chief Justice orby rule of the Supreme Court, and the Presiding Judge for Administrationshall perform such additional duties as may be assigned.

Note: Former Rule redesignated R. 1:33-6 October 26, 1983, to be effective immediately.Source (Current Rule)—R.R. 1:29-1, 1:29-1A, 1:29-2, 1:31-1, 3:11-5 (first sentence), 4:41-4(b) (first

sentence). Formerly R. 1:33-3, redesignated and amended October 26, 1983, to be effectiveimmediately; caption amended and paragraph (g) adopted November 1, 1985 to be effective January2, 1986; paragraphs (a) (b) (e) and (f) amended June 29, 1990 to be effective September 4, 1990;paragraph (g) amended October 8, 2013.


1:33-5. Trial Court Administrators—Case Coordinators(a) The Trial Court Administrator shall be the administrative arm of the

courts within the vicinage, under the direction of the Assignment Judgeand the Administrative Director. The Trial Court Administrator shall beappointed by the Administrative Director, after consultation with theAssignment Judge, subject to the approval of the Chief Justice. Theresponsibilities of the Trial Court Administrator shall include the provisionof technical and managerial support to the Assignment Judge andAdministrative Director with respect to budget development andexpenditures, the supervision of all judicial support personnel, programdevelopment and analysis, facilities and resource management, theprovision of such assistance as shall be necessary to such advisorycommittees to the courts as shall be appointed, and such additionaladministrative duties as shall be designated by the AdministrativeDirector.

(b) After consultation with the Assignment Judge, the AdministrativeDirector may appoint such Assistant Trial Court Administrators as aredeemed necessary. The Assistant Trial Court Administrators shall report toand be supervised by the Trial Court Administrator.

(c) For each vicinage there shall be a Case Coordinator who shall beresponsible for the efficient movement of cases within the vicinage,subject to the direction of the Assignment Judge.

(d) The Trial Court Administrator shall serve as the Case Coordinatorfor the vicinage, provided, however, that the Administrative Director maydesignate, after consultation with the Assignment Judge, an Assistant TrialCourt Administrator to serve as Case Coordinator.

Note: Former Rule redesignated R. 1:33-9 and new Rule adopted October 26, 1983, to be effectiveimmediately; paragraphs (a) and (b) amended June 29, 1990 to be effective September 4, 1990.

1:33-6. Presiding Judges of Functional Units(a) Except as provided by the Chief Justice or by the Supreme Court, the

Assignment Judge may delegate to the Presiding Judge of each functionalunit within the vicinage, judicial duties and responsibilities allocated to theAssignment Judge by these rules.

(b) In addition to judicial duties, the Presiding Judge of each functionalunit within the vicinage shall be responsible for the expeditious processingto disposition of all matters filed within that unit.

(c) The Presiding Judge annually shall submit to the Trial CourtAdministrator and Assignment Judge, budget and personnel needs andrecommendations for the unit at such times and in such format and inaccordance with such procedures as shall be prescribed by theAdministrative Director.

(d) The Presiding Judge shall perform such additional administrativeduties as shall be assigned by the Assignment Judge and shall beresponsible for the implementation and enforcement within the court of alladministrative rules, policies and directives of the Supreme Court, theChief Justice, the Administrative Director and the Assignment Judge.

Note: Source—R.R. 1:31-1, 6:2-1A, 7:7-2, 7:7-8, 7:7-9, 7:19-2 (first sentence), 7:20-2(a), 8:7-1(third and fourth sentences), 8:13-3A. Formerly R. 1:33-4, redesignated and amended October 26,1983, to be effective immediately; new paragraph (a) adopted and paragraphs (a), (b), and (c)

1:34-2 APPENDIX A - RULESredesignated (b), (c), and (d), respectively November 1, 1985 to be effective January 2, 1986;paragraphs (b) (c) and (d) amended June 29, 1990 to be effective September 4, 1990.

RULE 1:34. SUPPORTING PERSONNEL OF THE COURTS1:34-2. Clerks of Court

The clerk of every court, except the Supreme Court, the AppellateDivision, the Superior Court and the Tax Court, shall be responsible to andunder the supervision of the judge or presiding judge of the court that theclerk serves, the Assignment Judge of the county, and the AdministrativeDirector of the Courts. The clerks of the Supreme and Superior Courtsshall be responsible to and under the supervision of the AdministrativeDirector of the Courts and the Chief Justice. The clerk of the AppellateDivision shall be responsible to and under the supervision of theAdministrative Director of the Courts, the Chief Justice, and the PresidingJudge for Administration of the court. The clerk of the Tax Court shall beresponsible to and under the supervision of the presiding judge of the courtand the Administrative Director of the Courts. Each county shall have oneor more deputy clerks of the Superior Court with respect to Superior Courtmatters filed in that county; deputy clerks may issue writs out of theSuperior Court. The Surrogate of the county shall be the deputy clerk ofthe Superior Court, Chancery Division, Probate Part, with respect toprobate matters pending in that county. The Vicinage Chief ProbationOfficer shall be the deputy clerk of the Superior Court for the purpose ofcertifying child support judgments and orders as required by R. 4:101, andwith respect to writs of execution as provided by R. 4:59-1(c). Allemployees serving as deputy clerks of the Superior Court shall be, in thatcapacity, responsible to the clerk of the Superior Court.

Note: Source—R.R. 6:2-7, 7:21-1, 7:21-2, 8:13-4. Amended July 14, 1972 to be effective September5, 1972; amended June 20, 1979 to be effective July 1, 1979; amended June 29, 1990 to be effectiveSeptember 4, 1990; amended July 14, 1992 to be effective September 1, 1992; amended June 28, 1996to be effective June 28, 1996; amended July 28, 2004 to be effective September 1, 2004; amended July19, 2012 to be effective September 4, 2012.

RULE 1:36. OPINIONS; FILING; PUBLICATION1:36-1. Filing of Opinions

The original of each written opinion handed down in each court,including letter opinions and memorandum decisions, shall be filed withthe clerk of the court in which rendered and copies thereof shall be sent tocounsel and, on all appeals, to the court or agency below. Opinions of theAppellate Division shall have typed or stamped thereon the followingnotice: “Not for Publication Without the Approval of the AppellateDivision.” Opinions of the trial courts shall have typed or stamped thereonthe following notice: “Not for Publication Without the Approval of theCommittee on Opinions.”

Note: Source—R.R. 1:32(a) (b); amended July 13, 1994 to be effective September 1, 1994.

1:36-2. Publication(a) Appellate Opinions. All opinions of the Supreme Court shall be

published except where otherwise directed by the Court. Opinions of theAppellate Division shall be published only upon the direction of the panelissuing the opinion.


(b) Committee on Opinions; Trial Court Opinions. The Chief Justiceshall appoint a Committee on Opinions to review formal written opinionssubmitted for publication by a trial judge. Except in extraordinarycircumstances, the Committee shall not review a trial court opinion untilthe time for appeal from the final judgment in the cause has expired. If anappeal has not been taken, the Committee shall determine whether toapprove publication of the trial court opinion. If an appeal has been taken,the Appellate Division panel shall determine, when it decides the appeal,whether the trial court opinion shall be published. A trial judge submittingan opinion for review for publication shall file it with the AdministrativeOffice of the Courts in triplicate with the notation on its face that it is beingsubmitted for publication.

(c) Request for Publication. Any person may request publication of anopinion by letter to the Committee on Opinions explaining the basis of therequest with specificity and with reference to the guidelines prescribed byparagraph (d). In the case of Appellate Division opinions, the Committeeshall transmit the request to the presiding judge of the panel together withits recommendation, but the court shall retain the publication decision.

(d) Guidelines for Publication. An opinion in appropriate form,excluding letter opinions and transcripts of oral opinions, shall bepublished where the decision (1) involves a substantial question under theUnited States or New Jersey Constitution, or (2) determines a new andimportant question of law, or (3) changes, reverses, seriously questions orcriticizes the soundness of an established principle of law, or (4)determines a substantial question on which the only case law in this Stateantedates September 15, 1948, or (5) is based upon a matter of practice andprocedure not theretofore authoritatively determined, or (6) is ofcontinuing public interest and importance, or (7) resolves an apparentconflict of authority, or (8) although not otherwise meriting publication,constitutes a significant and nonduplicative contribution to legal literatureby providing an historical review of the law, or describing legislativehistory, or containing a collection of cases that should be of substantial aidto the bench and bar.

Note: Source—R.R. 1:32(c) (d); amended July 29, 1977 to be effective September 6, 1977; textdeleted and paragraphs (a)(b)(c) and (d) substituted July 13, 1994 to be effective September 1, 1994.

1:36-3. Unpublished OpinionsNo unpublished opinion shall constitute precedent or be binding upon

any court. Except for appellate opinions not approved for publication thathave been reported in an authorized administrative law reporter, andexcept to the extent required by res judicata, collateral estoppel, the singlecontroversy doctrine or any other similar principle of law, no unpublishedopinion shall be cited by any court. No unpublished opinion shall be citedto any court by counsel unless the court and all other parties are servedwith a copy of the opinion and of all contrary unpublished opinions knownto counsel.

Note. Adopted July 16, 1981 to be effective September 14, 1981; caption and rule amended July 13,1994 to be effective September 1, 1994; amended July 12, 2002 to be effective September 3, 2002;amended July 23, 2010 to be effective September 1, 2010.


RULE 1:37. COURT TITLES; SEALS; ABBREVIATIONS1:37-1. Title of Courts

The titles of the courts of this State shall be as follows:(a) “Supreme Court of New Jersey”(b) “Superior Court of New Jersey, __________” (here state Law,

Chancery or Appellate Division, as appropriate and the part thereof, if any)(c) “Tax Court of New Jersey”(d) “Municipal Court of ___________” (here state the name of the

municipality)Note: Source—R.R. 1:1-1, 2:1-1, 4:118-1, 5:1-1. Amended June 20, 1979 to be effective July 1,

1979; amended December 20, 1983 to be effective December 31, 1983.

1:37-3. Abbreviations; Title on Temporary AssignmentThe following abbreviations may be used in orders, judgments,

opinions and memoranda:C.J.for Chief Justice of the Supreme CourtJ.for Associate Justice of the Supreme CourtP.J.A.D.for Presiding Judge of a Part of the Appellate DivisionJ.A.D.for Judge of the Appellate DivisionA.J.S.C.for Assignment JudgeJ.S.C.for Judge of the Superior CourtP.J.Ch.for Presiding Judge of the Superior Court, Chancery DivisionP.J.F.P.for Presiding Judge of the Family Part, Chancery DivisionP.J.Cv.for Presiding Judge of the Civil Part, Law DivisionP.J.Cr.for Presiding Judge of the Criminal Part, Law DivisionP.J.T.C.for Presiding Judge of the Tax CourtJ.T.C.for Judge of the Tax CourtP.J.M.C.for Presiding Judge-Municipal CourtsJ.M.C.for Judge of the Municipal CourtIf a judge is temporarily assigned to a court, that judge’s permanent title

followed by the words “(temporarily assigned)” shall be used.If a retired judge is recalled and assigned pursuant to N.J.S. 43:6A-13,

that judge’s permanent title at the time of retirement followed by thephrase “(retired and temporarily assigned on recall)” shall be used.

Note: Source—R.R. 1:33; amended November 27, 1974 to be effective April 1, 1975; amended July29, 1977 to be effective September 6, 1977; amended June 20, 1979 to be effective July 1, 1979;amended December 20, 1983 to be effective December 31, 1983; amended July 13, 1994 to beeffective September 1, 1994; amended July 28, 2004 to be effective September 1, 2004.

RULE 1:43. FILING AND OTHER FEES ESTABLISHED PURSUANT TO N.J.S.A. 2B:1-7

The following filing fees and other fees payable to the court, revised andsupplemented by the Supreme Court in accordance with N.J.S.A. 2B:1-7,are established effective November 17, 2014. All other filing fees or otherfees not here listed are unchanged by the process set forth in N.J.S.A. 2B:1-7.

All State CourtsFee Subject Fee AuthorityAffixing Court Seal $10.00 N.J.S.A. 22A:2-20Exemplification $50.00 N.J.S.A. 22A:2-20

APPENDIX A - RULES 2:1

Certified Copy of any document $15.00 N.J.S.A. 22A:2-19Non-Party Notice of Appearance Fee(except for Special Civil Part) $50.00 N.J.S.A. 22A:2-37.1Recording Instruments not otherwiseprovided for $35.00 N.J.S.A. 22A:2-7

Supreme CourtFee Subject Fee AuthorityNotice of Appeal or Cross Appeal;Petition and Cross PetitionFor Certification or Review $250.00 N.J.S.A. 22A:2-1First paper filed if not in a pending caseor if made after judgment entered $50.00 N.J.S.A. 22A:2-1

Superior Court, Appellate DivisionFee Subject Fee AuthorityNotice of Appeal or Cross Appeal $250.00 N.J.S.A. 22A:2-5First paper filed if not in a pending caseor if made after judgment entered $50.00 N.J.S.A. 22A:2-5

[Other Divisions not set out herein]Part II

RULES GOVERNING APPELLATE PRACTICE IN THE SUPREME COURT AND THE APPELLATE DIVISION OF THE

SUPERIOR COURT

RULE 2:1. SCOPEUnless otherwise stated, the rules in Part II govern the practice and

procedure in the Supreme Court and the Appellate Division of the SuperiorCourt.

Note: Source—R.R. 2:1-10.

RULE 2:2. APPEALABLE JUDGMENTS AND DETERMINATIONS

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 Divisioninvolving a substantial question arising under the Constitution of theUnited States or this State; (2) in cases where, and with regard to thoseissues as to which, there is a dissent in the Appellate Division; (3) directlyfrom the trial courts in cases where the death penalty has been imposed andin post-conviction proceedings in such cases; (4) in such cases as areprovided by law.

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

Note: Source—R.R. 1:2-1(a) (b) (c) (d) (e). Paragraph (a) (2) amended February 28, 1979 to beeffective immediately.

2:2-2. Appeals to the Supreme Court from Interlocutory OrdersAppeals 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.Note: Source—R.R. 1:2-3(a); amended July 17, 1975 to be effective September 8, 1975; amended

September 28, 1982 to be effective immediately.

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) (finaljudgments appealable directly to the Supreme Court), and except forappeals from a denial by the State Police of an application to make a gunpurchase under a previously issued gun purchaser card, which appealsshall be taken to the designated gun permit judge in the vicinage, appealsmay be taken to the Appellate Division as of right

(1) from final judgments of the Superior Court trial divisions, or thejudges thereof sitting as statutory agents; the Tax Court; and in summarycontempt proceedings in all trial courts except municipal courts;

(2) to review final decisions or actions of any state administrativeagency or officer, and to review the validity of any rule promulgated bysuch 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 maintainableso long as there is available a right of review before any administrativeagency 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 pretrialintervention 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 (finalcustody determination in bifurcated family action), and R. 5:10-9 (order onpreliminary hearing in adoption action). An order granting or denying amotion 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 all orderscompelling or denying arbitration, whether the action is dismissed orstayed, shall also be deemed a final judgment of the court for appealpurposes.

(b) By Leave. On application made pursuant to R. 2:5-6, appeals maybe taken to the Appellate Division by leave granted, in extraordinary casesand in the interest of justice, from final judgments of a court of limitedjurisdiction or from actions or decisions of an administrative agency orofficer if the matter is appealable or reviewable as of right in a trial divisionof the Superior Court, as where the jurisdiction of the court, agency orofficer is questioned on substantial grounds.

Note: Source—R.R. 2:2-1(a) (b) (c) (d) (f) (g), 2:2-4, 2:12-1, 3:10-11, 4:88-7, 4:88-8(a) (firstsentence), 4:88-10 (first sentence), 4:88-14, 6:3-11(a). Paragraph (a) amended July 14, 1972 to beeffective September 5, 1972; paragraph (b) amended November 27, 1974 to be effective April 1, 1975;caption and paragraph (a) amended June 20, 1979 to be effective July 1, 1979; paragraph (a) amendedJuly 8, 1980 to be effective July 15, 1980; paragraph (a) amended July 15, 1982 to be effective

APPENDIX A - RULES 2:2-4September 13, 1982; paragraph (a)(1) amended July 22, 1983 to be effective September 12, 1983;paragraph (a) amended December 20, 1983 to be effective December 31, 1983; paragraph (b) amendedJuly 26, 1984 to be effective September 10, 1984; paragraph (a) amended July 14, 1992 to be effectiveSeptember 1, 1992; paragraph (a) amended June 28, 1996 to be effective September 1, 1996; paragraph(a) amended July 10, 1998 to be effective September 1, 1998; paragraph (a) amended July 5, 2000 tobe effective September 5, 2000; paragraph (a) amended July 27, 2006 to be effective September 1,2006; paragraph (a)(3) amended July 23, 2010 to be effective September 1, 2010; paragraph (a)amended July 21, 2011 to be effective September 1, 2011; paragraph (a) amended July 19, 2012 to beeffective September 4, 2012.

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 maygrant leave to appeal, in the interest of justice, from an interlocutory orderof a court or of a judge sitting as a statutory agent, or from an interlocutorydecision or action of a state administrative agency or officer, if the finaljudgment, decision or action thereof is appealable as of right pursuant toR. 2:2-3(a), but no such appeal shall be allowed in cases referred to in R.2:2-2(a).

Note: Source—R.R. 2:2-3(a) (first sentence), 4:88-8(b). Amended October 25, 1982 to be effectiveDecember 1, 1982.

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 deemedto be interlocutory and not reviewable by the Supreme Court as a finaljudgment, unless the judgment of the Appellate Division is dispositive ofthe action.

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

Note: Source—R.R. 1:2-2, 2:2-2. Amended September 5, 1969 to be effective September 8, 1969;former rule designated paragraph (a) and new paragraph (b) adopted November 2, 1987 to be effectiveJanuary 1, 1988.

RULE 2:3. WHO MAY APPEAL

2:3-1. Appeal by the State in Criminal ActionsIn 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 2:2-3;(b) to the appropriate appellate court from: (1) a judgment of the trial

court dismissing an indictment, accusation or complaint, where notprecluded by the constitution of the United States or of New Jersey; (2) anorder of the trial court entered before trial in accordance with R. 3:5(search warrants); (3) a judgment of acquittal entered in accordance withR. 3:18-2 (judgment n.o.v.) following a jury verdict of guilty; (4) ajudgment in a post-conviction proceeding collaterally attacking a


conviction or sentence; (5) an interlocutory order entered before, during orafter trial, or, (6) as otherwise provided by law.

Note: Source—R.R. 1:2-4(a) (c) (1) (2), 3:2A-10, 3:5-5(b) (7). Paragraph (b) (3) amended July 29,1977 to be effective September 6, 1977; paragraph (b) amended July 16, 1979 to be effectiveSeptember 10, 1979; paragraph (b)(5) amended and (6) adopted August 28, 1979 to be effectiveSeptember 1, 1979.

2:3-2. Appeal by Defendant and Others in Criminal ActionsIn any criminal action, any defendant, the defendant’s legal

representative, or other person aggrieved by the final judgment ofconviction entered by the Superior Court, including a judgment imposinga suspended sentence, or by an adverse judgment in a post-convictionproceeding attacking a conviction or sentence or by an interlocutory orderor judgment of the trial court, may appeal or, where appropriate, seek leaveto appeal, to the appropriate appellate court.

Note: Source—R.R. 1:2-1(b), 3:2A-10, 3:5-5(b) (6), 3:10-11; amended July 26, 1984 to be effectiveSeptember 10, 1984; amended July 13, 1994 to be effective September 1, 1994.

2:3-3. Joint and Several AppealsParties interested jointly, severally or otherwise in a judgment, order,

decision or action may join in an appeal therefrom or may appealseparately.


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, across appeal may not be taken from any other order in the matter withoutleave pursuant to R. 2:5-6(b).

(b) To the Supreme Court. A respondent may cross appeal as of rightonly if such cross appeal meets the requirements of R. 2:2-1(a). Further, ifan appeal is taken from any order by leave of court, a cross appeal may notbe taken in the matter without leave pursuant to R. 2:5-6(b).

Note: Source—R.R. 1:2-6. Former rule designated paragraph (a) and new paragraph (b) adoptedFebruary 28, 1979 to be effective immediately.

2:3-5. Workers’ Compensation Appeals Involving Employers OnlyIf 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 moreemployers or insurance carriers, the award entered by the Division ofWorkers’ Compensation shall be forthwith paid to the petitioner by theparty or parties against whom judgment has been entered, and the appealshall be taken by the party or parties making the payment. If the originalaward is altered on appeal the judgment shall be in favor of a party whopaid and against the parties finally held responsible for payment, withinterest from the date of the payment of the original award.

Note: Adopted July 14, 1972 to be effective September 5, 1972 (formerly R. 4:74-1(b)); amendedJuly 16, 1981 to be effective September 14, 1981.


RULE 2:4. TIME FOR APPEAL2:4-1. Time: From Judgments, Orders, Decisions, Actions and from

Rules(a) Appeals from final judgments of courts, final judgments or orders of

judges sitting as statutory agents and final judgments of the Division ofWorkers' Compensation shall be taken within 45 days of their entry.However, appeals from final judgments terminating parental rights shall betaken within 21 days of their entry.

(b) Appeals from final decisions or actions of state administrativeagencies or officers, other than appeals from judgments of the Division ofWorkers’ Compensation and other than those governed by R. 8:2 (taxmatters) and by R. 4:74-8 (Wage Collection Section appeals), shall betaken within 45 days from the date of service of the decision or notice ofthe action taken.

(c) Applications for leave to appeal from interlocutory orders, decisionsor actions shall be made within the time provided by R. 2:5-6(a).

Note: Source—R.R. 1:3-1, 4:88-15(a), 4:88-15(b) (7); paragraph (b) amended November 27, 1974to be effective April 1, 1975; paragraph (b) amended June 20, 1979 to be effective July 1, 1979;paragraphs (a) and (b) amended July 16, 1981 to be effective September 14, 1981; paragraph (a)amended June 26, 2012 to be effective September 4, 2012; effective date of June 26, 2012 amendmentschanged to November 5, 2012 by order of August 20, 2012.

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 towhich leave to appeal has been granted may be taken by serving and filinga notice of cross appeal and, where required under R. 2:5-1(a), a CaseInformation Statement, within 15 days after the service of the notice ofappeal or the entry of an order granting leave to appeal. A respondent onappeal may appeal against a non-appealing party by serving and filing anotice of appeal and, where required under R. 2:5-1(a), a Case InformationStatement, within the time fixed for cross appeals.

(b) Where Leave Is Required. Applications for leave to cross appealfrom interlocutory orders and administrative decisions or actions as towhich leave to appeal has not been granted shall be made within the timeprovided by R. 2:5-6(b).

Note: Source—R.R. 1:3-2. Caption and paragraph (a) amended July 7, 1971 to be effectiveSeptember 13, 1971; paragraph (a) amended March 22, 1984 to be effective April 15, 1984; paragraph(a) amended November 1, 1985 to be effective January 2, 1986.

2:4-3. Tolling of Time for Appeal and CertificationThe 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 thetime shall run anew from the date of death, disbarment, resignation orsuspension; or

(b) By the timely filing and service of an application for reconsiderationmade 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 theagency pursuant to its rules and practice, but the remaining time shall againbegin to run from the date of the entry of the Appellate Division orderdenying such application or the date of service of the decision or denial ofsuch application by the agency; or

(c) In criminal actions on an appeal to the Appellate Division by thetimely filing and service of a motion to the trial court for judgmentpursuant to R. 3:18-2, or for a new trial pursuant to R. 3:20, or in arrest ofjudgment pursuant to R. 3:21-9, or for rehearing or to amend or makeadditional findings of fact pursuant to R. 1:7-4. The remaining time shallagain begin to run from the date of the entry of an order denying ordisposing of such a motion; or

(d) In criminal actions by insanity of the defendant, but the time shallrun anew from the date of the removal of such disability; or

(e) In civil actions on an appeal to the Appellate Division by the timelyfiling and service of a motion to the trial court for rehearing or to amend ormake additional findings of fact pursuant to R. 1:7-4; or for judgmentpursuant to R. 4:40-2; or for a new trial pursuant to R. 4:49-1; or forrehearing or reconsideration seeking to alter or amend the judgment ororder pursuant to R. 4:49-2. The remaining time shall again begin to runfrom the date of the entry of an order disposing of such a motion.

Note: Source—R.R. 1:3-3(a) (c) (f) (g), 1:10-4(b); paragraph (e) amended November 5, 1986 to beeffective January 1, 1987; paragraph (b) amended November 7, 1988 to be effective January 2, 1989;paragraph (c) amended June 29, 1990 to be effective September 4, 1990; paragraphs (c) and (e)amended July 27, 2006, to be effective September 1, 2006.

2:4-4. Extension of Time for Appeal and ReviewThe 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 offinal judgment of the Appellate Division) for a period not exceeding 30days, but only if the notice of appeal or notice of petition for certificationwas in fact served and filed within the time as extended.

(b) The appellate court, on a showing of good cause and the absence ofprejudice, may:

(1) Extend the time fixed by R. 2:5-6(a) (interlocutory orders, decisionsand 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 thetime for appeals from final judgments, decisions or actions.

(c) The appellate court may extend the time fixed by R. 2:4-2(a) (crossappeals and appeals by respondents as of right), R. 2:5-6(b) (crossappeals), 2:12-2(a) (motion for certification of appeal pending unheard inthe Appellate Division) and 2:12-3(b) (cross petition for certification), forsuch period as it deems reasonable.

Note: Source—R.R. 1:27(B) (d) (e). Paragraph (b) amended July 7, 1971 to be effective September13, 1971. Paragraph (a) amended July 29, 1977 without effective date and amendment rescinded

APPENDIX A - RULES 2:5-1December 16, 1977; paragraph (c) amended November 5, 1986 to be effective January 1, 1987;paragraphs (a) and (b) amended July 27, 2006 to be effective September 1, 2006.

RULE 2:5. HOW TO APPEAL

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

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

(b) Notice to Trial Judge or Agency. In addition to the filing of thenotice of appeal the appellant shall mail a copy thereof, with a copy of theCase Information Statement annexed, by ordinary mail to the trial judge.If the appeal is taken directly from the decision or action of anadministrative agency or officer, the appellant shall mail a copy of thenotice 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 Divisionof Workers’ Compensation, a copy of the notice of appeal shall also be sentto the Workers’ Compensation judge who decided the matter. Within 15days thereafter, the trial judge, agency or officer, may file and mail to theparties an amplification of a prior statement, opinion or memorandummade either in writing or orally and recorded pursuant to R. 1:2-2. If thereis no such prior statement, opinion or memorandum, the trial judge, agencyor officer shall within such time file with the Clerk of the AppellateDivision and mail to the parties a written opinion stating findings of factand conclusions of law. The appellate court shall have jurisdiction of theappeal notwithstanding a failure to give notice to the trial judge, agency orofficer, as required by this rule.

(c) Service in Capital Cases. In criminal actions in which the deathpenalty has been imposed the defendant’s attorney shall forthwith serveupon 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 ajudgment in a juvenile delinquency action, a copy of the notice of appealshall be served, within 3 days after the filing thereof, upon the countyprosecutor, who shall appear and participate in the appellate proceedings.


(e) Service and Filing in Administrative Proceedings. An appeal tothe Appellate Division to review the decision, action or administrative ruleof any state administrative agency or officer is taken by serving copies ofthe notice of appeal upon the agency or officer, the Attorney General andall other interested parties, and by filing the original of the notice with theAppellate Division. Service on the Attorney General shall be madepursuant 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 Generalunless 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 AppellateDivision may be in the form prescribed by the Administrative Director ofthe Courts as set forth in Appendix IV of these Rules. The use of said formshall be deemed to be compliance with the requirements of subparagraphs2 and 3 hereof. A notice of appeal to the Supreme Court shall meet therequirements of subparagraph 3(i), (ii) and the portions of (iii) that addressservice of the notice and the payment of fees. Notices of appeal in capitalcauses shall also include the appropriate attorney’s certification in respectof transcripts. The notice of appeal to the Appellate Division shall haveannexed thereto a Case Information Statement as prescribed bysubparagraph 2 of this rule.

2. Form of the Case Information Statement; Sanctions. The CaseInformation Statement shall be in the form prescribed by theAdministrative Director of the Courts as set forth in Appendix VII and VIIIof these Rules (civil and criminal appeals, respectively). The appellant’sCase Information Statement shall have annexed to it a copy of the finaljudgment, order, or agency decision appealed from except final judgmentsentered by the clerk on a jury verdict. In the event there is any change withrespect to any entry on the Case Information Statement, appellant shallhave a continuing obligation to file an amended Case InformationStatement on the prescribed form. Failure to comply with the requirementfor filing a Case Information Statement or any deficiencies in thecompletion of this statement shall be ground for such action as theappellate court deems appropriate, including rejection of the notice ofappeal, or on application of any party or on the court’s 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 ofcounsel, if any; the names of all other parties to the action and to theappeal; and shall designate the judgment, decision, action or rule, or partthereof appealed from, the name of the judge who sat below, and the nameof the court, agency or officer from which and to which the appeal is taken.

B. Criminal, Quasi-Criminal and Juvenile Delinquency Actions. Incriminal, quasi-criminal and juvenile delinquency actions the notice of


appeal shall set forth the name and address of the appellant; the name andaddress of counsel, if any; a concise statement of the offense and of thejudgment, giving its date and any sentence or disposition imposed; theplace of confinement, if the defendant is in custody; the name of the judgewho sat below; and the name of the court from which and to which theappeal is taken.

C. All Actions. In addition to the foregoing requirements, the notice ofappeal 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. Inall appeals from adult criminal convictions the notice of appeal shallcertify service of a copy thereof and of a copy of the Case InformationStatement upon the appropriate county prosecutor and the New JerseyDivision of Criminal Justice, Appellate Section. In all actions the notice ofappeal 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 CaseInformation Statement to the notice of appeal. In all actions where averbatim record of the proceedings was taken, the notice of appeal shallalso contain the attorney’s certification of compliance with R. 2:5-3(a)(request for transcript) and R. 2:5-3(d) (deposit for transcript), or acertification stating the reasons for exemption from compliance.Certifications of compliance shall specify from whom the transcript wasordered, the date ordered, and the fact of deposit, affixing a copy of theactual request for the transcript to the notice of appeal.

(g) Order in Lieu of Notice of Appeal. An order of the appellate courtgranting an interlocutory appeal or, on an appeal by an indigent, waivingthe payment of filing fees and the deposit for costs shall serve as the noticeof appeal if no notice of appeal has been filed, and, except as otherwiseprovided by R. 2:7-1, the date of the order shall be deemed to be the dateof the filing of the notice of appeal for purposes of these rules. Within 10days of the entry of such order, the appellant must file and serve theprescribed Case Information Statement in accordance with these rules.Upon the entry of such order the appeal shall be deemed pending, and theappellant, 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 courtor 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 courtsitting without a jury or if in an action tried with a jury, the appeal is froman order granting or denying a new trial or a motion for judgmentnotwithstanding the verdict; and the principal keeper of the state prison ifthe appeal is in a criminal action in which the death penalty has beenimposed. The trial judge shall file an opinion or may supplement a filedopinion as provided in paragraph (b) of this rule.

(h) Attorney General and Attorneys for Other GovernmentalBodies. If the validity of a federal, state, or local enactment is questioned,the party raising the question shall serve notice of the appeal on theappropriate 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. Thenotice shall specify the provision thereof that is challenged and shall bemailed within five days after the filing of the notice of appeal, but theappellate court shall have jurisdiction of the appeal notwithstanding afailure to give the notice required by this rule.

Note: Source—R.R. 1:2-8(a) (first, second and fifth sentences) (b) (c) (d) (h), 1:4-3(a) (secondsentence), 4:61-1(d), 4:88-8 (second sentence), 4:88-10 (second, third and fourth sentences), 6:3-11(b), 7:16-3. Paragraph (f) amended and paragraph (h) adopted July 7, 1971 to be effective September13, 1971; paragraphs (a), (b), (e), and (f) amended June 29, 1973 to be effective September 10, 1973;paragraph (a) amended October 5, 1973 to be effective immediately; paragraphs (a) and (b) amendedNovember 27, 1974 to be effective April 1, 1975; paragraphs (b) and (f) amended July 29, 1977 to beeffective September 6, 1977; paragraph (f) amended July 24, 1978 to be effective September 11, 1978;paragraph (e) amended and paragraph (f)(1) adopted and (f)(2) amended July 16, 1981 to be effectiveSeptember 14, 1981; paragraph (d) amended December 20, 1983 to be effective December 31, 1983;paragraphs (a), (f) and (g) amended March 22, 1984 to be effective April 15, 1984; caption, paragraphs(a), (b), (e), (f)(1) and (f)(2) amended November 1, 1985 to be effective January 2, 1986; paragraphs(f)(1) and (f)(2) amended November 7, 1988 to be effective January 2, 1989; paragraph (h) amendedJuly 14, 1992 to be effective September 1, 1992; paragraphs (b), (e) and (f)(3)(i)(ii) and (iii) amendedJuly 13, 1994 to be effective September 1, 1994; paragraphs (f)(2) and (f)(3)(i) amended June 28, 1996to be effective September 1, 1996; paragraph (f)(1) amended July 5, 2000 to be effective September 5,2000; caption of paragraph (f)(2) amended, paragraphs (f)(3)(i), (ii) and (iii) redesignated (f)(3)(A),(B) and (C), and paragraph (h) amended July 27, 2006 to be effective September 1, 2006.

2:5-2. Deposits for Costs; Application for Dismissal for DefaultIn 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, depositwith 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 otherinterested parties. If the deposit is not made within the time stated hereinthe appeal may be dismissed with costs on the application of any party. Nodeposit for costs shall be required where an appeal is taken by the State orany agency, officer or political subdivision thereof, or by an appellant whohas filed a supersedeas bond or made a deposit in lieu thereof pursuant toR. 1:13-3(c), or if leave is granted to appeal as an indigent pursuant to R.2:7-1.

Note: Source — R.R. 1:2-10, 2:2-3(b), 2:2-5; amended July 16, 1981 to be effective September 14,1981; amended July 14, 1992 to be effective September 1, 1992.

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

(a) Request for Transcript; Prescribed Form. Except as otherwiseprovided by R. 2:5-3(c), if a verbatim record was made of the proceedingsbefore the court, agency or officer from which the appeal is taken, theappellant shall, no later than the time of the filing and service of the noticeof appeal, serve a request for the preparation of an original and copy of thetranscript, as appropriate, (1) upon the reporter who recorded theproceedings and upon the reporter supervisor for the county if the appealis from a judgment of the Superior Court, or (2) upon the clerk of the courtif 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 hashad the verbatim record transcribed, such transcript shall be madeavailable to the appellant on request for reproduction for filing and service.The request for transcript shall state the name of the judge or officer whoheard the proceedings, the date or dates of the trial or hearing and shall beaccompanied by a deposit as required by R. 2:5-3(d). The request fortranscript shall be in a form prescribed by the Administrative Director ofthe Courts. A copy of the request for transcript shall be mailed to all otherinterested parties and to the clerk of the appellate court. The provisions ofthis paragraph shall not apply if the original and first copy of the transcripthave already been prepared and are on file with the court.

(b) Contents of Transcript; Omissions. Except if abbreviatedpursuant to R. 2:5-3(c), the transcript shall include the entire proceedingsin the court or agency from which the appeal is taken, including the reasonsgiven by the trial judge in determining a motion for a new trial, unless awritten statement of such reasons was filed by the judge. The transcriptshall not, however, include opening and closing statements to the jury orvoir dire examinations or legal arguments by counsel unless a questionwith respect thereto is raised on appeal, in which case the appellant shallspecifically order the same in the request for transcript.

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

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

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

(d) Deposit for Transcript; Payment Completion. The appellant, ifnot the State or a political subdivision thereof, shall, at the time of makingthe request for the transcript, deposit with the reporter or the clerk of thecourt or agency from whom a transcript is ordered, either the estimatedcost 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 shallprovide a voucher to the reporter or the clerk or the agency for billing forthe 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, asappropriate, for any sum due for the preparation of the transcript oroverpayment made therefor. If the appellant is indigent and is entitled tohave a transcript of the proceedings below furnished without charge foruse on appeal, either the trial or the appellate court, on application, mayorder the transcript prepared at public expense. Unless the indigent


defendant is represented by the Public Defender or that office is otherwiseobligated by law to provide the transcript to an indigent, the court mayorder the transcript of the proceedings below furnished at the county’sexpense if the appeal involves prosecution for violation of a statute and atthe municipality’s expense if the appeal involves prosecution for violationof an ordinance.

(e) Preparation and Filing. The court reporter, clerk, or agency, as thecase may be, shall promptly prepare or arrange for the preparation of thetranscript in accordance with standards fixed by the AdministrativeDirector of the Courts. The person preparing the transcript shall deliver theoriginal to the appellant and shall deliver a copy together with a computerdiskette or CD-ROM of the transcript to the court reporter supervisor in thecase of an appeal from the Superior Court, to the clerk of the court in thecase of an appeal from the Tax Court or a municipal court, or to the agencyin the case of an administrative appeal. The diskette or CD-ROM shall bein Microsoft Word, Microsoft Word compatible or Adobe PDF format.The person preparing the transcript shall also forthwith notify all parties ofsuch deliveries. When the last volume of the entire transcript has beendelivered to the appellant, the court reporter supervisor, clerk or agency, asthe case may be, shall certify its delivery on a form to be prescribed by theAdministrative Director of the Courts. That transcript deliverycertification and a complete set of the transcripts and diskettes/CD-ROMsshall be forwarded immediately to the clerk of the court to which theappeal is being taken. A copy of the certification shall also then be sent tothe appellant. The appellant shall serve a copy of the certification on allother parties within seven days after receipt and, if the appeal is from aconviction on an indictable offense, on the New Jersey Division ofCriminal Justice, Appellate Section. The appellant shall file proof of suchservice with the clerk of the court to which the appeal has been taken.

(f) Statement of Proceedings in Lieu of Transcript. If no verbatimrecord was made of the proceedings before the court or agency from whichthe appeal is taken, the appellant shall, within 14 days of the filing of thenotice of appeal, serve on the respondent a statement of the evidence andproceedings prepared from the best available sources, including theappellant’s recollection. The respondent may, within 14 days after suchservice, serve upon the appellant any objections or proposed amendmentsthereto. The appellant shall thereupon forthwith file the statement and anyobjections or proposed amendments with the court or agency from whichthe appeal is taken for settlement and within 14 days after the filing of thesame the court or agency shall settle the statement of the proceedings andfile it with the clerk thereof, who shall promptly provide the parties with acopy. If a verbatim record made of the proceedings has been lost,destroyed or is otherwise unavailable, the court or agency from which theappeal was taken shall supervise the reconstruction of the record. Thereconstruction may be in the form of a statement of proceedings in lieu ofa transcript.

Note: Source — R.R. 1:2-8(e) (first, second, third, fourth, sixth and seventh sentences), 1:2-8(g), 1:6-3, 1:7-1(f) (fifth sentence), 3:7-5 (second sentence), 4:44-2 (second sentence), 4:61-1(c), 4:88-8 (third

APPENDIX A - RULES 2:5-4and fourth sentences), 4:88-10 (sixth sentence). Paragraphs (a) (b) (c) and (d) amended July 7, 1971 tobe effective September 13, 1971; paragraphs (b) and (d) amended July 14, 1972 to be effectiveSeptember 5, 1972; paragraph (c) amended June 29, 1973 to be effective September 10, 1973; captionamended and paragraph (a) caption and text amended July 24, 1978 to be effective September 11,1978; paragraphs (c) and (d) amended July 16, 1981 to be effective September 14, 1981; paragraph (e)amended November 1, 1985 to be effective January 2, 1986; paragraph (a) amended, paragraph (d)caption and text amended, former paragraph (e) redesignated paragraph (f), and paragraph (e) captionand text adopted November 7, 1988 to be effective January 2, 1989; paragraphs (a) and (e) amendedJuly 14, 1992 to be effective September 1, 1992; paragraphs (c), (e) and (f) amended July 13, 1994 tobe effective September 1, 1994; paragraph (d) amended July 28, 2004 to be effective September 1,2004; paragraphs (a) and (e) amended July 27, 2006 to be effective September 1, 2006; paragraph (d)amended July 16, 2009 to be effective September 1, 2009.

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 mattersmade on the records of such courts and agencies, the stenographictranscript or statement of the proceedings therein, and all papers filed withor entries made on the records of the appellate court. The portions of therecord that must be included in the appendix filed by appellant are set forthin Rule 2:6-1(a).

(b) Notice of Agency Record. Within 30 days of the service upon it ofthe notice of appeal the agency or officer from which the appeal is takenshall file in the appellate court a statement of the items comprising therecord 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 theagency or officer from which the appeal is taken, or the clerk of theAppellate Division if the original transcript is on file there, shall on requestdeliver the original transcript to the appellant in exchange for a copy. Theremainder of the record shall be retained by the clerk or agency except thatthe attorney for any party may be permitted to make use of any portion ofthe record in the office of the clerk or agency and remove the originaltherefrom, provided a copy thereof remains on file. The failure to returnsuch record may constitute contempt of court.

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

Note: Source—R.R. 1:6-1(a) (b) (c), 7:16-4; paragraph (a) amended November 7, 1988 to beeffective January 2, 1989.

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 belowshall, except as herein provided, apply on motion to that court or agency tosettle the record. The appellate court, on motion, may review suchdetermination or may, on its own motion, order a correction of the recordor may direct the court or agency to do so. The making of a motionpursuant to this rule shall toll the time for serving and filing the next briefdue, 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 orvideo 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 whichthe appeal is pending to review the tape thereof to determine whether aparticular portion of the transcript accurately transcribed what was said bya participant. The clerk shall notify all parties of the determination,requesting that any objection be submitted in writing within ten days of thenotification. If no timely written objection is received, the transcript shallbe deemed so corrected, and a copy of the notification shall be filed. If aparty timely objects in writing, that party shall move for correction of thetranscript 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 thecourt in which the appeal is pending.

(b) Supplementation of Administrative Record. At any time duringthe pendency of an appeal from a state administrative agency, if it appearsthat evidence unadduced in the proceedings below may be material to theissues on appeal, the appellate court, on its own motion or on the motionof any party, may order, on such terms as it deems appropriate, that therecord on appeal be supplemented by the taking of additional evidence andthe making of findings of fact thereon by the agency below or, inexceptional instances, by a judge of the Superior Court especiallydesignated for that purpose.

Note: Source—R.R. 1:6-6, 4:88-9, 4:88-11, 7:13-4. Paragraph (b) amended November 1, 1985 to beeffective January 2, 1986; paragraph (a) amended July 13, 1994 to be effective September 1, 1994;paragraph (a) amended July 28, 2004 to be effective September 1, 2004.

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 interlocutorydecisions or actions of state administrative agencies or officers shall bemade by serving and filing with the court or agency from which the appealis 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 suchorder, administrative decision or notice of such administrative action. If,however, a motion to the trial court for reconsideration of the order fromwhich leave to appeal is sought is filed and served within 20 days after thedate of its service, the time to file and serve the motion for leave to appealin the Appellate Division shall be extended for a period of 20 daysfollowing the date of service of an order deciding the motion forreconsideration. The filing of a motion for leave to appeal shall not stay theproceedings in the trial court or agency except on motion made to the courtor agency which entered the order or if denied by it, to the appellate court.

(b) Cross Appeals. Applications for leave to cross appeal frominterlocutory orders and administrative decisions or actions as to whichleave to appeal has not already been granted shall be made by serving andfiling with the appellate court a notice of motion within 20 days after thedate of service of the court order or administrative decision appealed fromor after notice of the agency or officer’s action taken or, if no cross motion


is filed, within 20 days following decision of a motion for reconsiderationas 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 theapplication has not been previously denied) may be made by serving andfiling with the appellate court a notice of motion within 10 days after thedate of service of the order of the appellate court allowing the appeal.

(c) Notice To the Trial Judge or Officer; Findings. A party filing amotion for leave to appeal from an interlocutory order shall serve a copythereof on the trial judge or officer who entered the order. If the judge orofficer has not theretofore filed a written statement of reasons or if noverbatim record was made of any oral statement of reasons, the judge orofficer shall, within 10 days after receiving the motion, file and transmit tothe Clerk of the Appellate Division and the parties a written statement ofreasons for the disposition. The statement may also comment on whetherthe motion for leave to appeal should be granted on the ground, amongothers, that a controlling question of law not theretofore addressed by anappellate court of this state is involved and that the grant of leave to appealmay materially advance the ultimate resolution of the matter. Anystatement of reasons previously made may also be amplified.

Note. Source—R.R. 1:2-3(b), 2:2-3(a) (second sentence), 4:53-1 (sixth sentence), 4:61-1(d).Paragraphs (a) and (c) amended July 7, 1971 to be effective September 13, 1971; paragraphs (a) and(c) amended July 16, 1981 to be effective September 14, 1981; paragraph (c) amended November 1,1985 to be effective January 2, 1986; paragraph (c) amended July 13, 1994 to be effective September1, 1994; paragraphs (a) and (b) amended July 5, 2000 to be effective September 5, 2000; paragraph (c)amended July 23, 2010 to be effective September 1, 2010; paragraph (c) amended July 22, 2014 to beeffective September 1, 2014.

RULE 2:6. APPENDICES; BRIEFS; TRANSCRIPT

2:6-1. Preparation of Appellant’s 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 civilactions, the complete pretrial order, if any, and the pleadings; (B) incriminal, quasi-criminal or juvenile delinquency actions, the indictment oraccusation and, where applicable, the complaint and all docket entries inthe proceedings below; (C) the judgment, order or determination appealedfrom or sought to be reviewed or enforced, including the jury verdict sheet,if any; (D) the trial judge’s charge to the jury, if at issue, and any opinionsor statement of findings and conclusions; (E) the statement of proceedingsin lieu of record made pursuant to R. 2:5-3(f); (F) the notice or notices ofappeal; (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) suchother parts of the record, excluding the stenographic transcript, as areessential to the proper consideration of the issues, including such parts asthe appellant should reasonably assume will be relied upon by therespondent in meeting the issues raised. If the appeal is from a summaryjudgment, the appendix shall also include a statement of all items


submitted to the court on the summary judgment motion and all such itemsshall be included in the appendix, except that briefs in support of andopposition to the motion shall be included only as permitted bysubparagraph (2) of this rule.

(2) Prohibited Contents. Briefs submitted to the trial court shall not beincluded in the appendix, unless either the brief is referred to in thedecision of the court or agency, or the question of whether an issue wasraised in the trial court is germane to the appeal, in which event only thematerial pertinent to that issue shall be included. A document that isincluded in appellant’s appendix shall not also be included in respondent’sappendix unless appellant’s appendix includes only a portion of thedocument and the complete document is required for a full understandingof the issues presented. If the same document has been annexed to morethan one pleading or motion filed in the trial court, the document shall bereproduced in the appendix only with the first such pleading or motion andshall be referred to thereafter only by notation to the appendix page onwhich it appears.

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

(b) Form. Documents included in the appendix shall be abridged byomitting all irrelevant or formal portions, with asterisks being used toindicate omissions. The filing date of each included paper shall be statedat the head of the copy as well as its subject matter (e.g., Pretrial Order,Notice of Appeal). Each page shall be numbered consecutively followedby the letter “a” to indicate the appendix (e.g., 1a, 2a, etc.).

(c) Binding; Table of Contents. The appendix may be bound with thebrief 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 singletable of contents of the brief and appendix. If bound separately it shall beprefaced with a table of contents. The table of contents shall indicate theinitial page of each document, exhibit or other paper included, and thepages of the stenographic record at which each exhibit was marked foridentification and was offered into evidence. Attachments to a documentby way of affidavits, exhibits or otherwise shall each be separatelyidentified in the table of contents and the initial page of each suchattachment noted therein. If there are multiple volumes of the appendix,each volume shall contain a full table of contents and shall specify on itscover the appendix pages included therein.

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

Note: Source—R.R. 1:7-1(f), 1:7-2 (first six sentences), 1:7-3. Paragraph (a) amended June 29, 1973to be effective September 10, 1973; paragraph (a) amended July 16, 1979 to be effective September10, 1979; paragraph (a) amended July 16, 1981 to be effective September 14, 1981; paragraph (a)amended July 22, 1983 to be effective September 12, 1983; paragraphs (a), (b) and (c) amended

APPENDIX A - RULES 2:6-2November 7, 1988 to be effective January 2, 1989; paragraph (a) amended July 13, 1994 to be effectiveSeptember 1, 1994; paragraph (a) amended July 10, 1998 to be effective September 1, 1998;paragraphs (a)(1) and (c) amended July 12, 2002 to be effective September 3, 2002; new subparagraph(a)(3) adopted July 19, 2012 to be effective September 4, 2012.

2:6-2. Contents of Appellant’s 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 byparagraph (b) of this rule, the brief of the appellant shall contain thefollowing material, under distinctive titles, arranged in the followingorder:

(1) A table of contents, including the point headings to be argued. It ismandatory that for every point, the appellant shall include in parenthesesat the end of the point heading the place in the record where the opinion orruling in question is located or if the issue was not raised below a statementindicating that the issue was not raised below.

(2) A table of judgments, orders and rulings being appealed. This tableshall include a listing of the places in the record where the following itemsare located:

(A) The trial court's judgment(s), order(s), and ruling(s) being appealed,or the administrative agency's final decision(s);

(B) The trial judge's written or oral opinion;(C) Intermediate decisions, if any, pertinent to the appeal. Such

intermediate decisions include such items as planning board resolutions,initial decisions of the administrative law judge, and appeal tribunaldecisions.

(3) A table of citations of cases, alphabetically arranged, of statutes andrules and of other authorities.

(4) A concise procedural history including a statement of the nature ofthe proceedings and a reference to the judgment, order, decision, action orrule appealed from or sought to be reviewed or enforced. The appendixpage of each document referred to shall be stated. The plaintiff anddefendant shall be referred to as such and shall not, except wherenecessary, be referred to as appellant and respondent.

(5) A concise statement of the facts material to the issues on appealsupported by references to the appendix and transcript. The statement shallbe in the form of a narrative chronological summary incorporating allpertinent evidence and shall not be a summary of all of the evidenceadduced at trial, witness by witness.

(6) The legal argument for the appellant, which shall be divided, underappropriate point headings, distinctively printed or typed, into as manyparts as there are points to be argued. New Jersey decisions shall be citedto the official New Jersey reports by volume number but if not officiallyreported that fact shall be stated and unofficial citation made. All otherstate court decisions shall be cited to the National Reporter System, ifreported therein and, if not, to the official report. In the citation of all casesthe court and year shall be indicated in parentheses except that the yearalone shall be given in citing the official reports of the United States


Supreme Court, the Supreme Court of New Jersey, and the highest courtof any other jurisdiction.

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

(b) Letter Brief. In lieu of filing a formal brief in accordance withparagraph (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 shallnot exceed 20 pages and shall conform with the requirements ofsubparagraphs (1), (3), (4) and (5) of paragraph (a). As to any point notpresented below a statement to that effect shall be included in parenthesisin the point heading. No cover need be annexed provided that theinformation 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 withspacing, paper quality, type-size and reproduction requirements set forthin R. 2:6-10.

(d) Respondent/Cross Appellant’s Brief. The respondent/crossappellant shall file a single brief both addressing the cross appeal andanswering the appellant’s brief.

Note: Source—R.R. 1:7-1(a) (b) (d) (e) (g); amended July 29, 1977 to be effective September 6,1977; paragraph (a) amended, former paragraphs (a) (b) (c) and (e) redesignated subparagraphs (1) (2)(3) and (5), subparagraph (4) and paragraphs (b) and (c) adopted July 24, 1978 to be effectiveSeptember 11, 1978; paragraph (b) amended January 10, 1979 to be effective immediately; paragraph(a) amended July 16, 1981 to be effective September 14, 1981; paragraph (b) amended July 15, 1982to be effective September 13, 1982; paragraph (a)(5) amended November 1, 1985 to be effectiveJanuary 2, 1986; paragraphs (a) and (b) amended November 2, 1987 to be effective January 1, 1988;paragraph (a) amended November 7, 1988 to be effective January 2, 1989; new paragraph (d) addedJuly 14, 1992 to be effective September 1, 1992; paragraph (a)(5) amended July 13, 1994 to beeffective September 1, 1994; paragraph (a)(6) added July 12, 2002 to be effective September 3, 2002;paragraph (a)(1) amended, new paragraph (a)(2) adopted and former paragraphs (a)(2) through (a)(4)renumbered as (a)(3) through (a)(5) respectively, former paragraph (a)(5) amended and renumbered as(a)(6), former paragraph (a)(6) renumbered as (a)(7), and paragraph (b) amended August 1, 2016 to beeffective September 1, 2016.

2:6-3. Preparation of Respondent’s Appendix; ContentsIf a joint appendix has not been filed, the respondent may prepare an

appendix, conforming to the requirements of R. 2:6-1, insofar asapplicable, and containing such parts of the record not included in theappellant’s appendix as the respondent considers necessary to the properconsideration of the issues.

Note: Source—R.R. 1:7-4(a) (6); amended July 13, 1994 to be effective September 1, 1994.

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

(a) Contents. Except as otherwise provided by R. 2:9-11 (sentencingappeals), the respondent’s brief shall conform either to the requirements ofR. 2:6-2 (a) (formal brief) or (b) (letter brief), insofar as applicable, exceptthat a counterstatement of facts need be included only if the respondentdisagrees with such statements in the appellant’s brief.


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

(c) Statement in Lieu of Brief. A statement in lieu of brief may be filedif the appeal is from a quasi-judicial decision of a named respondent whichrepresents to the court that the general public interest does not require itsadversarial participation in the appeal and that the parties directly affectedby its decision have adequately presented, or may be expected to sopresent, the issues.

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

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

Note: Source — R.R. 1:7-4(a) (1) (2) (4) (5) (7) (b); text deleted and paragraphs (a) (b) (c) and (d)adopted July 29, 1977 to be effective September 6, 1977; paragraph (a) amended July 24, 1978 to beeffective September 11, 1978; paragraphs (a) (b) (c) and (d) amended November 2, 1987 to be effectiveJanuary 1, 1988; paragraph (e) adopted July 14, 1992 to be effective September 1, 1992; paragraphs(b) and (d) amended July 13, 1994 to be effective September 1, 1994.

2:6-5. Contents of Reply Brief and AppendixThe 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 setforth in an appendix thereto such additional parts of the record as may bepertinent.

Note: Source—R.R. 1:7-5. Amended July 24, 1978 to be effective September 11, 1978.

2:6-6. Covers of Briefs and AppendicesExcept 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 appellatecourt and the docket number of the action; (2) the title of the action, whichshall add to the designation of the parties in the trial court the designationof appellant and respondent; (3) the nature of the proceeding in theappellate court, the name of the court or agency or officer below, and, if acourt, the name of the judge or judges who sat below; (4) the title of thedocument and the designation of the party for whom it is filed; (5) thename and office address of the attorney of record and the names of anyattorneys “of counsel” or “on the brief.”

(b) Color. The covers of appellant’s brief and appendix, respondent’sbrief and appendix, and appellant’s reply brief and appendix shall bewhite, blue and buff, respectively. On a cross appeal, the respondent/crossappellant’s brief filed pursuant to R. 2:6-2(d) shall have a blue cover, and


the appellant/cross respondent’s response thereto, filed pursuant to R. 2:6-4(e), shall have a buff cover, as shall any permitted subsequent brief of anyother party. Covers of amicus briefs shall be green. Covers of all briefs andappendices shall be of a firm material but not glassine.

Note: Source—R.R. 1:7-6(a) (b) (c) (d) (e) (f). Paragraph (b) amended July 7, 1971 to be effectiveSeptember 13, 1971; first sentence adopted July 24, 1978 to be effective September 11, 1978;paragraph (b) amended July 14, 1992 to be effective September 1, 1992; paragraph (b) amended July13, 1994 to be effective September 1, 1994.

2:6-7. Length of BriefsThe initial briefs of parties shall not exceed 65 pages and reply briefs

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

Note: Source—R.R. 1:7-7; amended November 7, 1988 to be effective January 2, 1989; amendedJuly 14, 1992 to be effective September 1, 1992.

2:6-8. References to Briefs; Appendices; TranscriptsReferences to a brief or appendix shall be made to the appropriate pages,

and references to the stenographic transcript shall be made to theappropriate pages and lines thereof, by the following abbreviations:

“Pb8” for plaintiff’s brief, page 8;“Db8” for defendant’s brief, page 8;“Pa8” for plaintiff’s appendix, page 8;“Da12” for defendant’s appendix, page 12;“Ja15” for joint appendix, page 15;“Prb8” for plaintiff’s reply brief, page 8;“Pra7” for plaintiff’s reply appendix, page 7;“T8-3” for transcript, page 8, line 3.If there is more than one plaintiff or defendant, the appropriate party’s

name or initial or other identifying designation should precede theabbreviation. If there are multiple volumes of transcript, they shall benumbered sequentially by chronology, i.e., 1T, 2T, etc., irrespective of thenature of the proceeding. The procedural history of the appellant’s briefshall list in a footnote the date of each volume of transcript and itsnumbered designation.

Note: Source—R.R. 1:7-8; amended July 13, 1994 to be effective September 1, 1994; amended July12, 2002 to be effective September 3, 2002; amended July 28, 2004 to be effective September 1, 2004.

2:6-9. Inadequate Appendix or BriefIf an appendix or brief does not substantially conform to these rules or

is so inadequate that justice cannot be done without the court’sindependent examination of the record or research of the law, the courtmay order the same suppressed and direct the filing, within a fixed time, ofa new appendix or brief, and it may withhold or impose costs or orderpayment by the offending attorney or party of costs in such amount as thecircumstances require.

Note: Source—R.R. 1:7-9(a) (b) (c) (d).


2:6-10. Format of Briefs and Other PapersAll briefs, appendices, petitions, motions, transcripts and other papers

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

Note: Source—R.R. 1:7-10. Amended July 7, 1971 to be effective September 13, 1971; amendedJuly 14, 1992 to be effective September 1, 1992; amended July 13, 1994 to be effective September 1,1994; amended July 5, 2000 to be effective September 5, 2000.

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 thefiling of a complete set of transcripts pursuant to R. 2:5-3(e), the appellantshall 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 asotherwise provided by R. 2:9-11 (sentencing appeals), the appellant shallserve and file a brief and appendix within 45 days after the delivery toappellant of the transcript, if a verbatim record was made of theproceedings below; or within 45 days after the filing of the settledstatement of the proceedings, if no verbatim record was made of theproceedings below; or within 45 days of the filing of the notice of appealif a transcript or settled statement has been filed prior to a filing of thenotice of appeal or if no transcript or settled statement is to be filed; or, onan appeal from a state administrative agency, within the time stated aboveor within 45 days after the service of the statement of the items comprisingthe record on appeal required by R. 2:5-4(b), whichever is later. Therespondent shall serve and file an answering brief and appendix, if any,within 30 days after the service of the appellant’s brief. The appellant mayserve and file a reply brief within 10 days after the service of therespondent’s brief.

(b) Time Where Cross Appeal Taken. Except as otherwise providedby R. 2:9-11 (sentencing appeals), if a cross appeal has been taken, theparty first appealing, who shall be designated the appellant/crossrespondent, shall serve and file the first brief and appendix within 30 daysafter the service of the notice of cross appeal or within the time prescribedfor appellants by R. 2:6-11(a), whichever is later. Within 30 days after theservice of such brief and appendix, the respondent/cross appellant shall


serve and file an answering brief and appendix, if any, which shall alsoinclude therein the points and arguments on the cross appeal. Within 30days thereafter, the appellant/cross respondent shall serve and file a replybrief, which shall also include the points and arguments answering thecross appeal. Within 10 days thereafter, the respondent/cross appellantmay serve and file a reply brief, which shall be limited to the issues raisedon the cross appeal. No other briefs shall be served or filed without leaveof court. If a cross appeal has been taken, the appellant/cross respondentshall 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 rulenotwithstanding, the court may enter a separate scheduling order in anycase on appeal.

(d) Letter to Court After Brief Filed. No briefs other than thosepermitted in paragraphs (a) and (b) of this rule shall be filed or servedwithout leave of court. A party may, however, without leave, serve and filea letter calling to the court’s attention, with a brief indication of theirsignificance, relevant published opinions issued, or legislation enacted orrules, regulations and ordinances adopted, subsequent to the filing of thebrief. Unpublished opinions shall not be submitted pursuant to this rule,unless they are of a type that the reviewing court is permitted under R.1:36-3 to cite in its own opinions. Any other party to the appeal may,without leave, file and serve a letter in response thereto within five daysafter receipt thereof. The initial letter and subsequent responses shall notexceed two pages in length without leave.

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

(f) Division of Child Protection and Permanency Matters; AdvisingCourt of Child's Placement Status. In Division of Child Protection andPermanency matters, the appellant or respondent shall by letter advise thecourt of any change in the placement status of the child during thependency of the appeal.

(g) Motions that Toll the Time for Serving and Filing Briefs in theAppellate Division.

(1) Subject to subparagraph (g)(2) of this rule, in addition to the filingof those motions that toll the time for the filing of briefs and appendices asprovided by R. 2:5-5(a) and R. 2:8-3(b), the filing of the following motionsin the Appellate Division pursuant to this rule shall toll the time for thefiling of briefs and appendices in the Appellate Division:

(A) Motion to supplement the record in trial court or administrativeagency proceedings made directly to the Appellate Division by any partyor on the court's own motion. If granted, the proceedings, if any, requiredto supplement the record shall continue to toll the time for the filing ofbriefs and appendices;

(B) Motion to strike the entirety or portions of a brief or appendix;(C) Motion to dismiss the appeal;(D) Motion for final remand;


(E) Motion to stay appellate proceedings; and(F) Motion to file overlength merits brief.(2) If the party filing the motion under this section has been granted

prior extension(s) of time to file its brief and appendix, the motion will nottoll the time and the party should request a further extension by motion.

(3) The making of a motion pursuant to this rule shall toll the time forserving and filing the next brief due, but the remaining time shall againbegin to run from the date of entry of an order disposing of such a motion,unless otherwise directed by the court or provided in this section.

Note: Source — R.R. 1:7-12(a) (c), 1:10-14(b), 2:7-3. Paragraph (b) amended by order of September5, 1969 effective September 8, 1969; paragraph (a) amended July 7, 1971 to be effective September13, 1971; caption and paragraphs (a) and (b) amended June 29, 1973 to be effective September 10,1973; paragraph (a) amended May 8, 1975 to be effective immediately; paragraphs (c), (d) and (e)adopted July 16, 1981 to be effective September 14, 1981; paragraphs (a) and (b) amended and titlesof paragraphs (c) (d) and (e) added November 2, 1987 to be effective January 1, 1988; paragraphs (a)and (b) amended July 14, 1992 to be effective September 1, 1992; paragraph (d) amended July 13,1994 to be effective September 1, 1994; paragraph (a) amended July 10, 1998 to be effectiveSeptember 1, 1998; paragraph (b) amended July 28, 2004 to be effective September 1, 2004; paragraph(f) adopted July 16, 2009 to be effective September 1, 2009; paragraph (f) amended July 9, 2013 to beeffective September 1, 2013; new paragraph (g) adopted July 22, 2014 to be effective September 1,2014; paragraph (d) amended August 1, 2016 to be effective September 1, 2016.

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

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

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

(c) On appeal to the Supreme Court, 9 copies of each brief and appendixshall be filed with the clerk of the Supreme Court; but on appeal from ajudgment or order of the Appellate Division, the parties need not preparenew appendices but may file instead 9 copies of their appendices preparedfor the Appellate Division, including any opinions, orders or other papersfiled subsequent thereto as an appendix to the appellant’s Supreme Courtbrief. On such appeals the clerk of the Appellate Division shall deliver tothe 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 atleast 3 copies of the transcript, in addition to the copy filed by the courtreporter supervisor, clerk or agency pursuant to R. 2:5-3(e), shall be filedwith the appellate court. In the event the original and copy of the transcriptwere filed with the clerk of the court from which the appeal is taken priorto the filing of the notice of appeal, the appellant shall, within 10 days afterall briefs of all parties have been filed, request the clerk of the court fromwhich the appeal is taken forthwith to transmit the filed copy to the clerkof the court to which the appeal is taken.

Note: Source—R.R. 1:7-12(a) (b), 2:7-3, 2:7-4. Paragraphs (a) and (d) amended July 7, 1971 to beeffective September 13, 1971; paragraph (d) amended July 14, 1972 to be effective September 5, 1972;

2:7-1 APPENDIX A - RULESparagraph (a) amended June 29, 1973 to be effective September 10, 1973; paragraph (a) amendedMarch 22, 1984 to be effective April 15, 1984; paragraphs (b) and (d) amended November 7, 1988 tobe effective January 2, 1989; paragraph (d) amended July 13, 1994 to be effective September 1, 1994;paragraph (a) amended July 5, 2000 to be effective September 5, 2000; paragraph (b) amended July27, 2006 to be effective September 1, 2006.

RULE 2:7. APPEALS BY INDIGENT PERSONS

2:7-1. Relief from Filing Fees; Deposit for CostsExcept 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 thedeposit for costs may without fee file with the trial court a verified petitionsetting forth the facts relied upon, and the court, if satisfied of the facts ofindigency, shall enter an order waiving such payment and deposit and shallforthwith transmit a copy thereof to the clerk of the appellate court towhich the appeal is taken. If the appeal is taken from the action of a Stateadministrative agency or officer, the verified petition shall be filed directlywith the Appellate Division. If a person is, however, represented as anindigent by any person, society or project enumerated in R. 1:13-2, allfiling fees and deposits shall be waived by the appropriate clerk or clerkswithout the necessity of court order. The appeal is timely if the date of thefiling of the petition is within the period provided by R. 2:4-1. If the trialcourt denies the application, it shall briefly state its reasons therefor, andthe petition may be renewed within 20 days thereafter before the appellatecourt in accordance with R. 2:7-3.

Note: Source—R.R. 2:1-7(a) (first and fourth sentences); amended July 24, 1978 to be effectiveSeptember 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 whodesire to appeal, and who assert they are indigent, shall complete and file,without fee, with the court in which they were convicted, the appropriateform prescribed by the Administrative Director of the Courts, which shallbe made available to them by the court in which they were convicted. Theyshall thereupon be referred to the Office of the Public Defender, whichshall represent them on such appeal or review and on such subsequentpost-conviction proceedings or appeal therein as would warrant theassignment of counsel.

(b) Non-Indictable Offenses. All persons convicted of a non-indictableoffense who desire to appeal their conviction and who assert they areindigent, shall complete and file, without fee, with the trial court, theappropriate form prescribed by the Administrative Director of the Courts,which shall be made available to them by the court in which they wereconvicted. If the court is satisfied that they are indigent, it shall assigncounsel to represent them on the appeal (i) if the sentence imposedconstitutes a consequence of magnitude as set forth in the “Guidelines forDetermining a Consequence of Magnitude” in Appendix 2 to Part VII ofthe Rules of Court, or (ii) if the persons are constitutionally or otherwiseentitled by law to counsel. If the sentence imposed does not constitute aconsequence of magnitude, the court hearing the appeal may, in its


discretion, determine whether to assign counsel for purposes of the appeal,irrespective of whether counsel was previously assigned in the case.

(c) Review of Status as Prisoner. All persons seeking review ofadministrative proceedings concerning their status as prisoners and whoassert they are indigent and are not represented by counsel shall filewithout fee with the Clerk of the Appellate Division a notice of appeal anda verified petition as required by R. 2:7-1. If they also request appointmentof counsel, their verified petition shall include a detailed statement of thegrounds upon which such request is made, including a statement of thefacts and the issues giving rise to the appeal. If the Court is satisfied thatthey are indigent and constitutionally or otherwise entitled by law tocounsel, it shall, as appropriate, either refer the matter to the Office of thePublic 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 toexercise his or her right to appeal. An attorney filing a notice of appealshall be deemed the attorney of record for the appeal unless the attorneyfiles with the notice of appeal an application for the assignment of counselon appeal.

Note: Source—R.R. 1:2-7(b), 1:12-9(b) (d). Paragraph (c) adopted November 1, 1985 to be effectiveJanuary 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 effectiveJanuary 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 amendedJuly 16, 2009 to be effective September 1, 2009; paragraph (b) amended July 22, 2014 to be effectiveSeptember 1, 2014.

2:7-3. Joinder of Petitions; Copies RequiredRequests 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 anoriginal and 8 copies and in the Appellate Division an original and 4 copiesof petitions and accompanying statements shall be filed.

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

2:7-4. Relief in Subsequent CourtsA person who has been granted relief as an indigent by any court shall

be granted relief as an indigent in all subsequent proceedings resultingfrom the same indictment, accusation or criminal or civil complaint in anycourt without making application therefor upon filing with the court in thesubsequent proceeding a copy of the order granting such relief or a swornstatement to the effect that such relief was previously granted and statingthe court and proceeding in which it was granted. The filing of such orderor statement shall be accompanied by an affidavit stating that there hasbeen no substantial change in the petitioner’s financial circumstances sincethe date of the entry of the order granting such relief. An indigentdefendant appealing from a judgment of conviction by the Law Divisionentered on a trial de novo, who has been afforded or had a right to atranscript at public expense of municipal court proceedings pursuant to R.3:23-8(a), shall be entitled to a transcript of the Law Division proceedingspaid for in the same manner as the municipal court transcript.

Note: Amended July 13, 1994 to be effective September 1, 1994; amended July 28, 2004 to beeffective September 1, 2004.


RULE 2:8. MOTIONS; DISMISSALS; SUMMARY DISPOSITIONS2:8-1. Motions

(a) Contents; Form of Brief and Appendix. Every motion shall beaccompanied 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 inthe form and reproduced as provided by R. 2:6-10. The brief shall explainclearly the nature of the action, the relief the moving party seeks and whythe moving party is entitled thereto. It may, for purposes of clarity,summarize pleadings and other undisputed papers or records which do notaccompany the brief. The appendix shall include the judgment or order andthe opinion or statement of findings and conclusions below and, whereessential, the transcript of the testimony, depositions or other discovery,pleadings or other portions of the record, including the portions thereofupon which the movant should reasonably assume the opposing party willrely. If the transcript cannot be obtained in time for the motion, an affidavitmay be filed in lieu thereof giving the substance of such testimony. If themotion is opposed, the opposing party shall file an answering brief settingforth with equal explicitness the grounds of opposition, annexing anappendix containing copies of any papers relied on which are not in themoving party’s appendix. On motion for leave to appeal the brief shallinclude argument on the merits of the issues sought to be appealed. If noopposing brief is filed the court may consider the motion unopposed.Without leave of the court, which may be applied for ex parte, supportingand answering briefs shall not exceed 25 pages, exclusive of tables ofcontents, table of citations and appendix.

(b) Time for Filing and Service; Copies; Argument. The movingparty shall serve 2 copies of the moving papers on all other parties. In theAppellate Division, the original and 4 copies of the papers shall be filedwith the Clerk of that court. In the Supreme Court, the original and 8 copiesof the papers shall be filed with the Clerk of that court. Within 10 days afterthe service of the movant’s papers, the opposing party shall serve and filethe same number of papers in opposition. No other papers shall be filed byeither party without leave of court. Motions shall not be argued unless thecourt directs oral argument.

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

(d) Order and Notice. Unless the court otherwise directs, upondetermination of the motion the court or the clerk acting under its directionshall forthwith enter an order granting or denying the motion in accordancewith the determination of the court and shall mail true copies thereof tocounsel.

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

Note: Source — R.R. 1:7-10(b), 1:11-1, 1:11-2(a) (b), 1:11-3, 2:11-1, 2:11-2, 2:11-3, 4:61-1(c).Paragraph (a) amended, paragraph (c) adopted and former paragraph (c) redesignated (d) July 24, 1978

APPENDIX A - RULES 2:8-2to be effective September 11, 1978; paragraph (b) amended and paragraph (e) adopted July 16, 1981to be effective September 14, 1981; paragraphs (c) and (d) amended November 1, 1985 to be effectiveJanuary 2, 1986; paragraph (a) amended July 14, 1992 to be effective September 1, 1992; paragraph(c) amended July 12, 2002 to be effective September 3, 2002.

2:8-2. Dismissal of Appeals: Order; StipulationThe 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 forcertification in class actions and in actions involving the status of minorsshall not be dismissed without an order of the appellate court; all otherappeals and petitions may be dismissed upon the filing of a stipulation bythe parties agreeing thereto. An appellant may dismiss the appeal withoutconsent at any time before the first brief on appeal is filed. Such dismissalshall be accompanied by a proof of service thereof on all respondents.

Note: Source—R.R. 1:4-1 (third sentence), 1:8-6, 1:10-6(a) (third sentence). Amended July 24, 1978to be effective September 11, 1978; amended November 1, 1985 to be effective January 2, 1986.

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 atany time following the service of the notice of appeal for a summarydisposition of the appeal. Such motion shall be determined on the motionpapers and on the briefs and record filed with the Appellate Division andmay result in an affirmance, reversal or modification. The pendency ofsuch motion shall toll the time for the filing of briefs and appendices on theappeal. The Supreme Court may summarily dispose of any appeal on itsown motion at any time, and on such prior notice, if any, to the parties asthe Supreme Court directs.

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

Note: Adopted December 21, 1971 to be effective January 31, 1972. Paragraph (a) designation addedand paragraph (b) adopted July 24, 1978 to be effective September 11, 1978; paragraph (b) amendedJuly 16, 1981 to be effective September 14, 1981; paragraph (b) amended November 1, 1985 to beeffective January 2, 1986; paragraph (a) amended July 13, 1994 to be effective September 1, 1994.

RULE 2:9. MISCELLANEOUS PROCEEDINGS PENDING APPEAL

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

(a) Control Prior to Appellate Disposition. Except as otherwiseprovided by R. 2:9-3, 2:9-4 (bail), 2:9-5 (stay pending appeal), 2:9-7. 2:9-


13(f), and 3:21-10(d), the supervision and control of the proceedings onappeal or certification shall be in the appellate court from the time theappeal is taken or the notice of petition for certification filed. The trialcourt, however, shall have continuing jurisdiction to enforce judgmentsand 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 claimsand parties that remain in that court. When an appeal is taken fro an orderinvolving a child who has been placed in care by the Division of ChildProtection and Permanency, the trial court shall retain jurisdiction toconduct summary hearings in due course to address issues not the subjectof the appeal relating to the child or the child's family. Unless the appealconcerns the permanency plan of the child, the trial court also shall retainjurisdiction to conduct hearings to address the permanency plan of thechild. The appellate court may at any time entertain a motion for directionsto the court or courts or agencies below or to modify or vacate any ordermade by such courts or agencies or by any judge below.

(b) Proceedings on Remand to Tribunal of First Instance. When thejudgment or decision of the court, agency or officer of first instance hasbeen reviewed by a court whose judgment is reviewable by the AppellateDivision, the appellate court may, if it retains jurisdiction and remands tothe tribunal of first instance for any appropriate action therein, direct thatafter execution of the remand the proceedings be returned to itself withoutpreliminary review by the court to which appeal was first taken.

(c) Ineffective Assistance of Counsel Claim in Appeals fromJudgment Terminating Parental Rights. In appeals from judgmentsterminating parental rights pursuant to N.J.S.A. 30:4C-15 et seq. in whichineffective assistance of counsel has been alleged, the appellate court, if itdetermines there to be a genuine issue of material fact on the issue of therepresentation provided by trial defense counsel that requires resolution,may retain jurisdiction and remand the case to the trial judge for anaccelerated hearing to be completed within 30 days to be followedpromptly by an oral opinion by the trial judge. The parties shall then bepermitted simultaneously to exchange supplemental appellate briefs on thelimited issue of the remand no later than seven days after the filing of thetranscript of the remand proceedings.

Note: Source—R.R. 1:4-1 (first sentence), 1:10-6(a) (first and third sentences). Paragraph (a)amended July 16, 1981 to be effective September 14, 1981; paragraph (a) amended November 1, 1985to be effective January 2, 1986; new paragraph (c) adopted July 16, 2009 to be effective September 1,2009; paragraph (a) amended July 19, 2012 to be effective September 4, 2012; paragraph (a) amendedJuly 27, 2015 to be effective September 1, 2015; paragraph (a) amended October 19, 2016 to beeffective January 1, 2017.

2:9-2. Extension and Acceleration of Time; AdjournmentsThe time fixed by these Rules for the taking of any proceeding on appeal

or certification may not be extended by consent of the parties. Suchextension may, however, be granted by order for good cause shown unlessotherwise provided by Rule. The time schedule may be accelerated on thecourt’s own motion or on the motion of a party. Adjournments, extensionswith consent, and accelerations of time may be granted by the ChiefJustice, 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 Divisionor the Clerk of the Appellate Division acting under the direction of thepresiding judge.

Note: Source—R.R. 1:7-13, 1:8-2(b); amended November 1, 1985 to be effective January 2, 1986.

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 defendant’s direct appeal to the New Jersey

Supreme Court and, on the affirmance of defendant’s conviction andsentence, during the period allowed for the timely filing of a petition for awrit of certiorari to the United States Supreme Court and, if filed, whilethat petition is pending disposition;

(2) during the pendency of a first petition for post-conviction relief thatis filed within thirty days after the United States Supreme Court’sdisposition of defendant’s application under paragraph (a)(1), and, on thedenial or dismissal of that petition for post-conviction relief, during thependency of defendant’s appeal to the New Jersey Supreme Court and, onthe affirmance of defendant’s conviction and sentence, during the periodallowed for the timely filing of a petition for a writ of certiorari to theUnited States Supreme Court and, if filed, while that petition is pendingdisposition; and

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

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

(b) Imprisonment. A sentence of imprisonment shall not be stayed bythe taking of an appeal or by the filing of a notice of petition forcertification, 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 thedefendant on probation may be stayed by the trial court on appropriateterms 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 theapplication may be renewed before the appellate court. Pending theappellate proceedings, the court may require the defendant to deposit, inwhole or part, the fine and costs with the official authorized by law toreceive the same in the county in which the conviction was had, or mayrequire a bond for the payment thereof, or may require the defendant tosubmit to an examination of assets, and may make an appropriate orderrestraining 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 pendingappeal 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. Adefendant may elect to execute a sentence stayed by the State’s appeal butsuch election shall constitute a waiver of the right to challenge anysentence 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 interventionprogram over the objection of the prosecutor shall be automatically stayedfor fifteen days following the date of its entry, and if the prosecutor files anotice of appeal within said fifteen-day period, during the pendency of theappeal.

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

Note: Source—R.R. 1:2-8(a) (sixth sentence), 1:4-3(a) (first sentence) (b) (c) (d); paragraph (c)amended and paragraph (d) deleted July 29, 1977 to be effective September 6, 1977; paragraph (c)caption amended July 24, 1978 to be effective September 11, 1978; paragraph (d) adopted September10, 1979 to be effective immediately; paragraph (d) amended July 16, 1981 to be effective September14, 1981; paragraph (e) adopted November 1, 1985 to be effective January 2, 1986; paragraphs (c) and(d) amended July 13, 1994 to be effective September 1, 1994; paragraph (e) redesignated as paragraph(f) and new paragraph (e) adopted June 28, 1996 to be effective September 1, 1996; paragraph (a)amended July 12, 2002 to be effective September 3, 2002; paragraph (d) amended July 28, 2004 to beeffective September 1, 2004.

2:9-4. Bail After ConvictionExcept 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 countyprosecutor pending the prosecution of an appeal or proceedings forcertification only if it appears that the case involves a substantial questionthat should be determined by the appellate court, that the safety of anyperson or of the community will not be seriously threatened if thedefendant remains on bail and that there is no significant risk ofdefendant’s flight. Pending appeal to the Appellate Division, bail may beallowed by the trial court, or if denied, by the Appellate Division, or ifdenied by the Appellate Division, by the Supreme Court. Followingdisposition in the Appellate Division and pending proceedings in theSupreme Court, bail may be allowed by the Appellate Division or if deniedby it, by the Supreme Court. A copy of an order entered by an appellatecourt granting bail shall be forwarded by the clerk of the appellate court tothe sentencing court and clerk of the trial court. A trial court denying bailshall state briefly its reasons therefor. A judge or court allowing bail mayat any time revoke the order admitting to bail. In no case shall a defendantwho has received a sentence of death be admitted to bail.

Note: Source—R.R. 1:4-3(e), 1:4-4. Amended June 29, 1973 to be effective September 10, 1973.Amended July 17, 1975 to be effective September 8, 1975; amended July 13, 1994 to be effectiveSeptember 1, 1994; amended July 10, 1998 to be effective September 1, 1998.

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 motionfor leave to appeal, nor a proceeding for certification, nor any other


proceeding in the matter shall stay proceedings in any court in a civil actionor summary contempt proceeding, but a stay with or without terms may beordered 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, bailshall be allowed as provided by R. 2:9-4. A judgment or order in a civilaction adjudicating liability for a sum of money or the rights or liabilitiesof parties in respect of property which is the subject of an appeal orcertification proceedings shall be stayed only upon the posting of asupersedeas bond or other form of security pursuant to R. 2:9-6 or a cashdeposit pursuant to R. 1:13-3(c), unless the court otherwise orders afternotice and on good cause shown. Such posting or deposit may be orderedby the court as a condition for the stay of any other judgment or order in acivil action.

(b) Court to Which Motion Made. A motion for a stay in a civil actionor contempt proceeding prior to the date of the oral argument in theappellate court or of submission to the appellate court for considerationwithout argument shall be made first to the court which entered thejudgment or order. Thereafter the motion shall be made to the appellatecourt. If the motion is denied below, it may be made again to the appellatecourt; if granted below, the appellate court may entertain a motion todissolve the stay. The grant or denial of a stay by the Appellate Divisionmay be reviewed on motion to the Supreme Court on notice to theAppellate Division without taking an appeal to the Supreme Court.Following disposition in the Appellate Division and pending proceedingsin the Supreme Court, a stay shall be sought in the first instance from theAppellate Division. Further relief from its order may be sought in theSupreme Court.

(c) Stay of Arbitration Pending Appeal. If an order compellingarbitration is appealed as of right pursuant to R. 2:2-3(a), then any partysubject to the order may move in the trial court for a stay of the arbitrationpending appeal. If so requested, the stay of the arbitration shall be grantedunless the court finds that exceptional circumstances warrant thearbitration to proceed while the appeal is pending. If an order compellingor denying arbitration is appealed as of right pursuant to R. 2:2-3(a) incircumstances where the trial court retains jurisdiction over remainingclaims or parties pursuant to the exception set forth in R. 2:9-1(a), anyparty may move in that court for a stay of proceedings pertaining to suchremaining claims or parties pending appeal. The trial court shall exerciseits sound discretion in the interests of justice in deciding whether to grantor deny the stay and whether any conditions shall apply. Any party mayapply to the appellate court, by way of a timely motion filed in accordancewith R. 2:8-1, to obtain review of the trial court's disposition of theapplication for a stay pending appeal.

Note: Source—R.R. 1:4-5, 1:4-6, 1:4-7, 1:10-6(b), 2:4-3 (first three sentences). Paragraph (b)amended July 14, 1972 to be effective September 5, 1972; paragraph (a) amended July 16, 1981 to beeffective September 14, 1981; paragraph (b) amended November 1, 1985 to be effective January 2,1986; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; caption amended,paragraph (a) caption and text amended, and new paragraph (c) adopted July 19, 2012 to be effectiveSeptember 4, 2012.


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 forapproval to the court or agency from which the appeal is taken, or to thecourt to which certification is sought, and shall have such surety or suretiesas the court requires. Unless the court otherwise orders after notice ongood cause shown, the bond or other form of security shall be conditionedfor the satisfaction of the judgment in full, together with interest and trialcosts, and to satisfy fully such modification of judgment, additionalinterest and costs and damages as the appellate court may adjudge.

(2) In determining whether good cause exists to approve a supersedeasbond in an amount less than the full judgment together with interest andtrial costs or to approve a form of security other than a supersedeas bondeither in the amount of the full judgment or an amount less than the fulljudgment together with interest and trial costs, the court shall consider allrelevant factors, including, but not limited to, the amount and nature of thejudgment, anticipated interest and costs, the availability and cost of asupersedeas bond or other form of security, the assets of the judgmentdebtor and of the judgment debtor's insurers, sureties and indemnitors, ifany, the judgment debtor's ability to dissipate assets, and the risk of harmto the parties on the appeal. The burden shall be on the party seekingapproval of a supersedeas bond in an amount less than the full judgmenttogether with interest and trial costs or a form of security other than asupersedeas bond either in the amount of the full judgment or an amountless than the full judgment together with interest and trial costs to showthat the posting of a supersedeas bond in the full judgment amount wouldcause undue economic hardship and that in the circumstances such lesseramount or other form of security is adequate and just. In the event the courtapproves a form of security other than a supersedeas bond or a supersedeasbond in an amount less than the amount of the judgment plus anticipatedinterest and costs, the court shall impose additional conditions on thejudgment debtor to prevent the dissipation, the diminution in the aggregatevalue, or the diversion of the judgment debtor's assets during the appeal.

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

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

(b) Appellants Excepted. When an appeal is taken or certificationsought by the State or any political subdivision thereof or any of theirrespective officers or agencies or by direction of any of the principaldepartments of the State and the operation or enforcement of a judgmentor order is stayed, no bond, obligation or other security shall be requiredfrom the appellant.


(c) Bail Forfeiture Appeals. Simultaneous with the filing of notice ofappeal 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 Clerkof the Superior Court in cash or by certified, cashiers or bank check. Thecourt for good cause shown may allow the posting of a supersedeas bondor 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 thedefendant or to stay payment of a forfeited bond, entry of a judgment, orpreclusion from the bail registry maintained by the Superior Court. Thenotice of appeal in a bail forfeiture appeal shall be accompanied by proofof compliance with this rule. Such proof shall be provided by affidavit,unless the court otherwise orders.

Note: Source—R.R. 1:4-8(a) (c); paragraph (a) amended and paragraph (c) adopted July 28, 2004 tobe effective September 1, 2004; paragraph (c) amended July 21, 2011 to be effective September 1,2011; paragraph (a) caption amended, text of paragraph (a) redesignated as subparagraphs (a)(1),(a)(3) and (a)(4), new subparagraph (a)(2) adopted, and paragraph (c) amended July 19, 2012 to beeffective September 4, 2012.

2:9-7. Temporary Relief in Administrative ProceedingsOn 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 administrativeagency 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 agencywhose order is appealed from and, if denied, to the Appellate Division.

Note: Source—R.R. 4:88-12(a) (first sentence); amended July 24, 1978 to be effective September11, 1978; amended November 1, 1985 to be effective January 2, 1986.

2:9-8. Temporary Relief in Emergent MattersWhen necessary, temporary relief, stays, and emergency orders may be

granted, with or without notice, by a single Justice of the Supreme Courtor, if the matter is pending in the Appellate Division, by a single judgethereof, to remain in effect until the court acts upon the application. Arequest to the Supreme Court for emergent relief from an order oremergent application disposition of the Appellate Division may be madeby contacting the Supreme Court Clerk's office, which will handle intakeand referral of the matter to a single Justice on a rotating basis or to the fullCourt, as appropriate.

Note: Source—R.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 September6, 1977; amended July 19, 2012 to be effective September 4, 2012.

2:9-9. Sanctions for Non-Compliance with RulesFailure properly to prosecute or defend an appeal or proceedings for

certification shall be ground for such action as the appellate court deemsappropriate, including, but not limited to, dismissal of the appeal orpetition, imposition of costs or attorney’s fees or such other penalty as maybe assessed personally against the attorney.

Note: Source—R.R. 1:4-1 (second sentence), 1:4-2(a) (b), 1:7-2 (seventh sentence), 1:19-6(a)(second sentence). Amended July 24, 1978 to be effective September 11, 1978.


2:9-10. Effect of Appeal by the StateAn 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 anappeal or cross-appeal by the defendant.

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

2:9-11. Sentencing AppealsIn a criminal, quasi-criminal or juvenile action in the Appellate Division

in which the only issue on appeal is whether the court imposed a propersentence, briefs shall not be filed without leave of court and the mattershall be placed on a sentencing calendar for consideration by the courtfollowing oral argument, which shall be recorded verbatim. The appellatecourt at its discretion may direct the removal of any case from thesentencing calendar.

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

2:9-12. Proportionality Review in Capital CasesAll hearings conducted by the Standing Master appointed by the

Supreme Court to oversee data collection for the proportionality review ofdeath sentences shall be confidential. The transcripts of such hearings, thewritten and oral submissions of the parties, and the records maintained forproportionality review by the Administrative Office of the Courts shall beconfidential. The arguments or representations of counsel at or incontemplation of such hearings shall not be used for any purpose otherthan proportionality review.

Note: Adopted July 5, 2000 to be effective September 5, 2000.

2:9-13. Appeals from Orders Granting Pretrial Detention(a) Appealable Order: Expedition. An order granting a motion for

pretrial detention pursuant to R. 3:4A shall be appealable as of right to theAppellate Division. Appeals filed pursuant to this rule shall be expedited.

(b) Time to File Appeal: Order Transcript. An appeal shall be takenby serving and filing a notice of appeal and required ExpeditedInformation Form within seven days of entry of the order granting pretrialdetention. If appellant believes that a transcript is necessary to theconsideration of the issues on appeal, the transcript shall be ordered at theexpedited delivery rate simultaneously with the service and filing of thenotice of appeal. A transcript shall be presumed to be required in at leastthe following instances, unless appellant believes that a transcript is notnecessary to decide the issues on appeal: when witnesses have testified inthe trial court and the basis of the appeal depends on review of thattestimony: when there are material differences between the written orderand the oral decision or related colloquy by the court; when an oralprocedural or evidentiary ruling is being challenged; and when the trialcourt's factual findings are challenged. Notwithstanding the above, thecourt retains the authority to direct that the transcript be ordered byappellant at any time, if, in its determination, the record presented isinsufficient for consideration of the issues on appeal.


(c) Time for Serving and Filing Letter Briefs: Length of LetterBriefs: Reply Letter Briefs. In those appeals in which a transcript hasbeen ordered, the appellant shall serve and file a letter brief and appendixwithin ten days after the delivery to appellant of the transcript. In thoseappeals in which no transcript has been ordered, and appellant has opted tofile a letter brief, the letter brief and appendix shall be served and filedwithin ten days after the filing of the notice of appeal. Appellant's letterbrief shall not exceed eight pages. The respondent shall serve and file ananswering letter brief and appendix within ten days after the service ofappellant's letter brief. In those appeals in which no transcript is requiredand the appellant has opted to rely on the Expedited Information Form andattachment, if any, in lieu of a letter brief, the respondent's brief andappendix shall be served and filed within ten days of the filing of theappellant's Expedited Information Form. Respondent's letter brief shall notexceed eight pages. No reply letter briefs or supplemental letter briefs shallbe permitted without leave of court. There shall be no extensions of timeto file letter briefs without leave of court.

(d) Consideration on the Record. Pretrial detention appeals shall besubmitted for consideration on the record without argument, unlessrequested by the court. The following shall constitute the record on appeal:

1. Notice of appeal;2. Expedited Information Form;3. Detention order with written findings of fact and statement of

reasons;4. Public Safety Assessment;4. Briefs;6. Appendices;7. Transcript, when required.(e) Disposition of Appeals. Appeals of orders granting pretrial

detention pursuant to this rule may be disposed of by opinion or order.(f) Trial Court Retention of Jurisdiction. The filing and pendency of

an appeal taken pursuant to this rule shall not divest the trial court ofjurisdiction, unless otherwise ordered by the court.

(g) Continuing Obligation to Inform Court of Change in DetentionStatus. Appellant’s counsel shall have a continuing obligation to informthe court immediately if there is any change to the appellant's pretrialdetention status.

(h) Electronic Filing Required by Attorneys. Appeals of ordersgranting pretrial detention filed by attorneys must be filed through theAppellate Division’s electronic filing application.

(i) Paper Filing by Self-Represented Defendants. Appeals of ordersgranting pretrial detention filed by defendants representing themselvesmust be filed in paper.

Note: Adopted October 19, 2016 to be effective January 1, 2017.

2:9-14. Appeals from Orders Granting Pretrial DetentionFollowing the disposition of an appeal as of right filed in the Appellate

Division pursuant to R. 2:9-13 (Appeals of Orders Granting PretrialDetention), requests for relief from the Supreme Court shall be by motionfor leave to appeal. Such motions shall conform to the Rules of Court


governing motions for leave to appeal, including but not limited to R. 2:5-6 (Appeals from Interlocutory Orders, Decisions and Actions) and R. 2:8-1 (Motions), with the following exceptions:

(a) Supporting and answering briefs shall not exceed five (5) pages,exclusive of tables of contents and tables of citations;

(b) The record before the Supreme Court shall be limited to the parties’briefs on the motion for leave to appeal, the Appellate Division’sdisposition of the pretrial detention appeal in the form provided by R. 2:9-13(e), and the documents that comprised the record on the appeal to theAppellate Division, as provided in R. 2:9-13(d). No further submissionsshall be filed on the motion for leave to appeal without leave of Court;

(c) The filing of a motion for leave to appeal pursuant to this rule shallnot divest the trial court of jurisdiction, unless otherwise ordered by theCourt;

(d) Movant shall have a continuing obligation to notify the Courtimmediately if there is a change to the defendant’s pretrial detention status.

Note: Adopted December 6, 2016 to be effective January 1, 2017.

RULE 2:10. SCOPE OF REVIEW

2:10-1. 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 wasagainst the weight of the evidence shall not be cognizable on appeal unlessa motion for a new trial on that ground was made in the trial court. The trialcourt’s ruling on such a motion shall not be reversed unless it clearlyappears 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 beeffective September 13, 1971.

2:10-2. Notice of Trial ErrorsAny 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 unjustresult, but the appellate court may, in the interests of justice, notice plainerror 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 SentenceIf a judgment of conviction is reversed for error in or for excessiveness

or leniency of the sentence, the appellate court may impose such sentenceas should have been imposed or may remand the matter to the trial courtfor proper sentence.

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

2:10-4. Convictions for ContemptEvery summary conviction by a court for contempt shall be reviewable

on the law and the facts. The appellate court shall render such judgmentand order for enforcement thereof as it deems just under the circumstances.



2:10-5. Original JurisdictionThe appellate court may exercise such original jurisdiction as is

necessary to the complete determination of any matter on review.Note: Source—R.R. 1:5-4(a). N.J. Constitution (1949) Art. VI, §V, para. 3.

2:10-6. Allegation of Ineffective Assistance of Counsel in Terminationof Parental Rights Cases

In appeals from judgments terminating parental rights pursuant toN.J.S.A. 30:4C-15 et seq. in which ineffective assistance of counsel hasbeen alleged, the issue shall be raised in the direct appeal of the matterbelow. The brief submitted by appellate counsel must set forth the factualbasis for asserting that trial counsel’s performance was deficient andexplain why the result would have been different had the lawyer’sperformance not been deficient. In appropriate cases, counsel shall proffercertifications or other documentary evidence to support the claim. If theappellate court determines that a genuine issue of material disputed fact onthe issue of the representation provided by trial defense counsel has beenraised, the matter may be remanded to the trial judge and proceed inaccordance with R. 2:9-1(c).

Note: Adopted July 16, 2009 to be effective September 1, 2009.

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 leavegranted or from orders compelling or denying arbitration which shall beentitled to a preference, cases shall be argued or submitted forconsideration without argument in the order of perfection, insofar aspracticable, unless the court otherwise directs with respect to a category ofcases or unless the court enters an order of acceleration as to a particularappeal on its own or a party's motion.

(b) Oral Argument. (1) In the Supreme Court, appeals shall be arguedorally unless the court dispenses with argument.

(2) In the Appellate Division, appeals shall be submitted forconsideration without argument, unless argument is requested by one ofthe parties within 14 days after service of the respondent’s brief or isordered by the court. Such request shall be made by a separate captionedpaper filed with the Clerk in duplicate. The clerk shall notify counsel of theassigned argument date. If one of the parties has filed a timely request fororal argument, the other parties may rely upon that request and need notfile their own separate requests for argument. A party may withdraw itsrequest for oral argument only if it has the consent to do so from all otherparties participating in the appeal.

(3) Counsel shall not be permitted to argue for a party who has neitherfiled a brief nor joined in another party’s brief. The appellant shall beentitled to open and conclude argument. An appeal and cross appeal shallbe argued together, the party first appealing being entitled to open andconclude, unless the court otherwise orders. Each party will be allowed a


maximum of 30 minutes for argument in the Supreme Court, unless theCourt determines more time is necessary, and 30 minutes in the AppellateDivision, but the court may terminate the argument at any time it deemsthe issues adequately argued. No more than 2 attorneys will be heard foreach party. An attorney will not be permitted to read at length from thebriefs, appendices, transcripts or decisions.

Note: Source—R.R. 1:8-1(a) (b), 1:8-2(a), 1:8-3, 1:8-4, 2:8-3. Amended July 7, 1971 to be effectiveSeptember 13, 1971; paragraph (b) amended June 29, 1973 to be effective September 10, 1973;paragraph (b) amended November 1, 1985 to be effective January 2, 1986; paragraph (b) amendedNovember 5, 1986 to be effective January 1, 1987; paragraph (a) amended November 2, 1987 to beeffective January 1, 1988; paragraph (a) amended June 28, 1996 to be effective September 1, 1996;paragraph (a) amended July 5, 2000 to be effective September 5, 2000; paragraph (a) amended July19, 2012 to be effective September 4, 2012; paragraph (b) amended July 22, 2014 to be effectiveSeptember 1, 2014.

2:11-2. Determination of Appeal on Motion for Leave to AppealWhere summary disposition is appropriate, the court may elect to

consider the merits of the appeal simultaneously with the motion for leaveto appeal on the motion papers alone. Otherwise it may grant leave toappeal and determine the appeal on the papers submitted on the motion andany additional papers it may require. Appeals on leave granted shall beexpedited.

Note. Amended July 16, 1981 to be effective September 14, 1981; amended July 31, 1981 to beeffective September 14, 1981.

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 theAppellate Division dissenting or concurring as to result only shall file aseparate opinion stating the reasons for his action.

(b) Judgment; Order for Bail. The opinion of the appellate court shallinclude its judgment, and no other form of judgment shall be required. Itshall state whether the judgment, order or determination below is affirmed,reversed or modified, or it may provide for final judgment dispositive ofthe action. The date of the filing of the opinion shall be deemed to be thedate of the entry of the judgment. If the appellate court reverses a judgmentof conviction of a defendant in custody, it may direct the trial court toadmit him to bail.

(c) Notice. Forthwith upon the filing of the opinion, the clerk of theappellate court shall mail true copies thereof to the clerk of the court oragency below and to the parties.

(d) Stay of Judgment. A motion for a stay of an appellate courtjudgment shall be served and filed within 20 days of its entry unless thetime 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 amatter submitted to the court for decision:

(A) that a judgment of a trial court is based on findings of fact which areadequately 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 doesnot constitute a manifest denial of justice;

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

(E) that some or all of the arguments made are without sufficient meritto warrant discussion in a written opinion;then and in any such case the judgment or order under appeal may beaffirmed without opinion and by an order quoting the applicable paragraphof this rule.

(2) Criminal, Quasi-Criminal and Juvenile Appeals. When in anappeal in a criminal, quasi-criminal or juvenile matter, the AppellateDivision determines that some or all of the arguments made are withoutsufficient merit to warrant discussion in a written opinion, the court mayaffirm by specifying such arguments and quoting this rule and paragraph.

Note: Source—R.R. 1:9-1(a) (second sentence) (b), 2:4-2, 2:9-1(a); paragraph (e) adopted May 2,1975, to be effective May 19, 1975; paragraph (e)(2) amended July 21, 1980 to be effective September8, 1980; paragraph (d) amended November 1, 1985 to be effective January 2, 1986; paragraph (e)(2)amended July 13, 1994 to be effective September 1, 1994; paragraphs (e)(1) and (e)(2) amended July5, 2000 to be effective September 5, 2000.

2:11-4. Attorney’s Fees on AppealAn application for a fee for legal services rendered on appeal shall be

made by motion supported by affidavits as prescribed by R. 4:42-9(b) and(c), which shall be served and filed within 10 days after the determinationof the appeal. The application shall state how much has been previouslypaid to or received by the attorney for legal services both in the trial andappellate courts or otherwise, including any amount received by way ofpendente lite allowances, and what arrangements, if any, have been madefor the payment of a fee in the future. Fees may be allowed by the appellatecourt in its discretion:

(a) In all actions in which an award of counsel fee is permitted by R.4:42-9(a), except appeals arising out of mortgage or tax certificateforeclosures.

(b) In a worker’s compensation proceeding. Where the determination ofthe Supreme Court reverses a denial of compensation in the AppellateDivision, the Supreme Court shall determine the fees for services renderedin both appellate courts.

(c) As a sanction for violation by the opposing party of the rules forprosecution of appeals.

In its disposition of a motion or on an order of remand for further trialproceedings, where the award of counsel fees abides the event, theappellate court may refer the issue of attorney’s fees for appellate servicesto the trial court for disposition.

Note: Source—R.R. 1:9-3, 2:9-3, 1:12-9(f), 4:55-7(a) (b) (e), 5:2-5(f). Paragraph (d) amended July14, 1972 to be effective September 5, 1972; text amended and paragraph (g) and (h) adopted July 29,1977 to be effective September 6, 1977; paragraphs (a) (b) (c) (e) (g) and (h) deleted, new paragraph(a) adopted, former paragraph (d) redesignated (b) and former paragraph (f) redesignated paragraph(c) November 1, 1985 effective January 2, 1986; introductory paragraph amended July 13, 1994 to beeffective September 1, 1994; final paragraph added June 28, 1996 to be effective September 1, 1996.


2:11-5. Costs on AppealSuch 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 inthe 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 orderedtaxation of costs on the appeal shall abide the event of the new trial unlessthe court otherwise orders.

Note: Source—R.R. 1:9-2. Amended July 7, 1971 to be effective September 13, 1971.

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 partymay apply for reconsideration by serving two copies of a motion oncounsel for each of the opposing parties and filing nine copies thereof withthe Supreme Court, or five copies thereof with the Appellate Division, asappropriate. One filed copy shall be signed by counsel. The motion shallnot exceed 25 pages and shall contain a brief statement and argument ofthe ground relied upon and a certificate of counsel that it is submitted ingood faith and not for purposes of delay. The motion shall have annexedthereto a copy of the opinion or order that is the subject thereof. An answershall be filed only if requested by the court, and within ten days after suchrequest or within such other time as the court fixes therein. The motion willnot be argued orally.

(b) Grant of Motion. A motion for reconsideration will be granted onlyif it is moved by a justice or judge who concurred in the judgment ordecision, and a majority of the court so determines. It may be granted inwhole or in part, and on terms. Unless otherwise ordered by the court, themotioning party shall be regarded as the appellant on reconsideration of ajudgment or order that disposes of the appeal and shall file a brief within30 days of the entry of the order granting the reconsideration. Thereafterthe same procedures shall be followed as are provided for an originalappeal.

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

Note: Source—R.R. 1:9-4(a) (b) (c). Caption, paragraph (a) and paragraph (b) amended November1, 1985 to be effective January 2, 1986; paragraph (a) amended July 14, 1992 to be effective September1, 1992; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a)amended July 10, 1998 to be effective September 1, 1998; paragraphs (a) and (b) amended July 5, 2000to be effective September 5, 2000.

RULE 2:12. APPEALS ON CERTIFICATION TO THE SUPREME COURT

2:12-1. Certification on Motion of the Supreme CourtThe Supreme Court may on its own motion certify any action or class

of actions for appeal.Note: Source—R.R. 1:10-1.


2:12-2. Certification of Appeals Pending Unheard in AppellateDivision

(a) Filing and Service of Motion. A motion for certification of anappeal pending unheard in the Appellate Division shall be served and filedwith the Supreme Court and the Appellate Division within 10 days afterthe filing of all briefs with the Appellate Division. Within 5 days afterservice of the motion an opposing party may serve and file a statement inopposition. The motion and statement shall not exceed 5 pages. Ninecopies thereof shall be filed with the Supreme Court.

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

Note: Source—R.R. 1:10-1A(a), 1:10-14(c). Paragraph (a) amended July 14, 1992 to be effectiveSeptember 1, 1992.

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 theAppellate Division, the petitioner shall, within 20 days after its entry, servea copy of a notice of petition for certification upon all parties who may beaffected by the proceeding and shall file the original notice with the Clerkof the Supreme Court, together with the payment of the appropriate feepursuant to N.J.S.A. 22A:2, and a copy thereof with the Clerk of theAppellate Division. The notice shall set forth the petitioner’s name andaddress or the name and address of counsel, if any. In civil actions it shalldesignate the judgment or part thereof sought to be reviewed. In criminal,quasi-criminal and juvenile delinquency matters it shall concisely state theoffense and designate the judgment, its date and any sentence ordisposition imposed thereon and, if the defendant is in custody, the placeof confinement.

(b) Cross Petition for Certification. A cross petition for certificationto review a judgment of the Appellate Division shall be governed by therules applying to a petition for certification, except that the notice of crosspetition for certification shall be served and filed within 10 days after theservice and filing of the notice of petition for certification.

Note: Source—R.R. 1:10-4(a) (c) (d), 1:10-5. Paragraph (a) amended July 24, 1978 to be effectiveSeptember 11, 1978; paragraph (a) amended July 13, 1994 to be effective September 1, 1994;paragraph (a) amended July 5, 2000 to be effective September 5, 2000.

2:12-4. Grounds for CertificationCertification will be granted only if the appeal presents a question of

general public importance which has not been but should be settled by theSupreme Court or is similar to a question presented on another appeal tothe Supreme Court; if the decision under review is in conflict with anyother decision of the same or a higher court or calls for an exercise of theSupreme Court’s supervision and in other matters if the interest of justice


requires. Certification will not be allowed on final judgments of theAppellate Division except for special reasons.

Note: Source—R.R. 1:10-1A(b), 1:10-2.

2:12-5. Deposit for CostsIn 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 30days of the filing of the notice of petition for certification, deposit $300with the clerk of the Supreme Court, to answer the costs on the petition, ifdenied, and the cost of the appeal if granted, but no deposit shall berequired 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 depositshall be in accordance with R. 2:5-2.

Note: Source—R.R. 1:10-7, 1:10-14(d) (second sentence); amended July 22, 1983 to be effectiveSeptember 13, 1983; amended July 13, 1994 to be effective September 1, 1994.

2:12-6. Record on Petition for CertificationThe record on petition for certification shall be the briefs, appendices

and transcripts filed in the Appellate Division, the opinion of the AppellateDivision, and the transcript of the oral argument of sentencing appealsheard by the Appellate Division pursuant to R. 2:9-11. Such record shallconstitute the record on appeal if certification is granted.

Note: Source—R.R. 1:10-8, 1:10-14(d) (first sentence); amended January 19, 1989 to be effectiveFebruary 1, 1989.

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 notexceeding 20 pages exclusive of tables of contents, citations and appendix.It shall contain a short statement of the matter involved, the questionpresented, the errors complained of, the reasons why certification shouldbe allowed, and comments with respect to the Appellate Division opinion.It shall have annexed the notice of petition for certification; the writtenopinions of the courts below; a copy of the transcript of any relevant oralopinions or statements of findings and conclusions of law; and in the caseof 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 theChief, Reporting Services in the Appellate Division. The petition shall besigned by petitioner’s counsel who shall certify that it presents asubstantial 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 thenotice of petition for certification or 30 days after the entry of the finaljudgment, whichever is later, two copies of the petition shall be served oneach opposing party and four copies thereof together with four copies ofpetitioner’s Appellate Division brief and appendix shall be filed with theClerk of the Supreme Court. If certification is granted, petitioner shall filefive additional copies of the petition and petitioner’s Appellate Divisionbrief and appendix within 10 days following receipt of the order grantingcertification.

APPENDIX A - RULES 2:12-9Note: Source—R.R. 1:10-9, 1:10-10(a). Paragraph (a) amended March 5, 1974 to be effective

immediately; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraph (a)amended January 19, 1989 to be effective February 1, 1989; paragraph (b) amended June 29, 1990 tobe effective September 4, 1990; paragraph (a) amended July 14, 1992 to be effective September 1,1992; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amendedJuly 27, 2006 to be effective September 1, 2006.

2:12-8. Respondent’s Brief and Petitioner’s Reply BriefThe respondent shall, within 15 days of the service of the petition, serve

two copies of the brief in opposition to certification and file four copiesthereof together with four copies of respondent’s Appellate Division briefand appendix with the Clerk of the Supreme Court. The brief shall be directand concise, shall conform to the applicable provisions of R. 2:6 and shallnot exceed 20 pages, exclusive of tables of contents, citations andappendix. Within 10 days of such service, the petitioner may serve twocopies and file four copies of a reply brief not exceeding 10 pages,exclusive of tables of contents, citations, and appendix. If certification isgranted, each respondent shall file five additional copies of the brief inopposition to certification and Appellate Division brief and appendixwithin 10 days following receipt of the order granting certification. Thepetitioner shall file five additional copies of any reply brief within the same10-day period.

Note: Source—R.R. 1:10-11, 1:10-12. Amended July 14, 1992 to be effective September 1, 1992;amended July 27, 2006 to be effective September 1, 2006.

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

A party who seeks certification to review a final judgment of theAppellate Division and also appeals therefrom shall state in the petition forcertification all questions intended to be raised on appeal. Except in thecase of an appeal as of right pursuant to R. 2:2-1(a)(2), a denial ofcertification shall be deemed to be a summary dismissal of the appeal, andthe Clerk of the Supreme Court shall forthwith enter an order dismissingthe appeal, unless the Supreme Court otherwise orders.

Note: Amended July 13, 1994 to be effective September 1, 1994; amended August 1, 2016 to beeffective September 1, 2016.

2:12-10. Granting or Denial of CertificationA 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 forthwithan order granting or denying the certification in accordance with theSupreme Court’s determination and shall mail true copies thereof to theclerk of the court below and to the parties or their attorneys. The date ofthe order granting certification shall be posted on the Judiciary's website.

Note: Source—R.R. 1:10-4(e), 1:10-13; amended July 22, 2014 to be effective September 1, 2014.

2:12-11. Proceedings After Certification GrantedIf certification is granted, the matter shall be deemed pending on appeal

in the Supreme Court and the petitioner’s entire case shall be before theSupreme Court for review unless the Supreme Court otherwise orders onits own motion or on the motion of a party which shall be included in the

2:12A-1 APPENDIX A - RULES

petition or in the respondent’s brief in answer thereto. The respondent mayseek affirmative relief only by cross petition for certification. Furtherproceedings shall be had as provided for on appeals as of right, except thatthe appeal shall be submitted on the briefs, appendices and transcript filedwith the Appellate Division and except that, in appropriate cases, theSupreme Court may render a decision without argument. Further briefs onthe appeal may be filed only on order and in accordance with the scheduleset forth therein. Application for permission to file further briefs shall bein the form of a motion.

Note: Source—R.R. 1:10-14(a) (e). Amended December 21, 1971 to be effective January 31, 1972;amended March 5, 1974 to be effective immediately; amended May 8, 1975 to be effectiveimmediately; amended July 24, 1978 to be effective September 11, 1978.

RULE 2:12A. CERTIFICATION OF QUESTIONS OF LAW BY THE SUPREME COURT

2:12A-1. Responding to Questions of LawThe 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 bedeterminative of an issue in litigation pending in the Third Circuit andthere is no controlling appellate decision, constitutional provision, orstatute in this State.

Note: Adopted November 19, 1999, to take effect January 3, 2000 for a period of two years; extendedSeptember 17, 2001 for two additional years through January 2, 2004; adopted on a permanent basisNovember 5, 2003 effective immediately.

2:12A-2. Power to Reformulate QuestionThe Supreme Court may reformulate a question of law certified to it.


2:12A-3. Certification Order; RecordThe Court of Appeals for the Third Circuit shall issue a certification

order and forward it to the Supreme Court. Within five days of the filingof the order with the Supreme Court, the parties may comment on the orderby serving and filing nine copies of a statement that does not exceed fivepages.

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


2:12A-4. Contents of Certification OrderA 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 ona statement of facts, the certifying court shall set forth what it believes tobe the relevant facts;

APPENDIX A - RULES 2:12A-6

(c) A statement acknowledging that the Supreme Court, acting as thereceiving court, may reformulate the question; and

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


2:12A-5. Notice; ResponseThe Supreme Court, acting as the receiving court, shall notify the Court

of Appeals for the Third Circuit of its acceptance or rejection of thequestion and shall respond to an accepted certified question as soon aspracticable.


2:12A-6. ProceduresAfter the Supreme Court has accepted a certified question, the matter

shall proceed in the same manner as an appeal as of right. The Court shallissue a scheduling order and all briefs shall comply with the requirementsand limitations of Rule 2:6 unless otherwise directed by the Court. Unlessthe Court dispenses with oral argument, it shall proceed pursuant to Rule2:11-1(b).


2:12A-7. DispositionThe Supreme Court shall dispose of the matter by an opinion or order,

as may be appropriate.Note: Adopted November 19, 1999, to take effect January 3, 2000 for a period of two years; extended

September 17, 2001 for two additional years through January 2, 2004; adopted on a permanent basisNovember 5, 2003 effective immediately.

2:12A-8. Cost of CertificationFees 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 unlessotherwise provided in the order entered by the Court of Appeals for theThird Circuit.


RULE 2:13. ADMINISTRATION2:13-1. Presiding Justice or Judge

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

(b) Appellate Division. The presiding judge of each part, designated bythe 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 AppellateDivision. The Chief Justice shall designate one presiding judge as thePresiding Judge for Administration to be responsible for the administrationof the Appellate Division pursuant to R. 1:33-4. The Chief Justice maydesignate another presiding judge as the Deputy Presiding Judge forAdministration, who shall assist the Presiding Judge for Administration.

Note: Source—R.R. 1:1-4, 1:1-6, 2:1-5, 2:1-8. Paragraph (a) amended November 27, 1974 to beeffective April 1, 1975; paragraph (b) amended July 13, 1994 to be effective September 1, 1994;paragraphs (a) and (b) amended July 10, 1998 to be effective September 1, 1998; paragraph (b)amended October 8, 2013.

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 whois absent or unable to act, or to expedite the business of the court, thepresiding justice may assign one or more retired justices of the SupremeCourt who are not engaged in the practice of law and who consent theretoor the judge or judges of the Appellate Division, senior in length of servicetherein, to serve temporarily in the Supreme Court. If the judge of theAppellate Division senior in service is unable to serve or shall waiveassignment, the presiding justice may assign the judge next senior inservice; and if 2 or more judges have equal seniority, the presiding justicemay assign either or any of them.

(b) Appellate Division. The Appellate Division shall consist of suchparts with such number of judges as the Chief Justice shall from time totime designate. Appeals shall be decided by panels of 2 judges designatedby the presiding judge of the part except when the presiding judgedetermines that an appeal should be decided by a panel of 3 judges. Sucha determination may be made where the appeal presents a question ofpublic importance, of special difficulty, of precedential value, or for suchother special reason as the presiding judge shall determine. The panel of 2judges to which an appeal is submitted for decision may elect to call a thirdjudge to participate in the decision at any time before making itsdetermination and shall do so if the 2 judges cannot agree as to thedetermination. In either case the appeal shall be reargued if it has alreadybeen argued unless reargument is waived. When an appeal is designatedfor decision by the full part, 3 judges shall constitute a quorum unless allparties consent to a quorum of 2 judges and, if only 2 of the 3 judges haveheard the oral argument, the parties may consent to the participation in thecourt’s decision by the third judge. Judges assigned to one part may beassigned to serve temporarily in any other part.

Note: Source—R.R. 1:1-5(a) (b), 2:1-3, 2:1-6(a) (b), 2:1-7(a) (b). Paragraphs (a) and (b) amendedJuly 24, 1978 to be effective September 11, 1978; paragraph (b) amended November 2, 1987 to beeffective January 1, 1988; paragraph (b) amended July 13, 1994 to be effective September 1, 1994.

2:13-3. Places of SittingThe Supreme Court shall sit in Trenton, and the Appellate Division shall

sit in Trenton, Newark, Morristown and Hackensack, unless the ChiefJustice or a presiding judge deems it temporarily necessary or desirable toconvene court elsewhere.

Note: Source—R.R. 1:1-3, 2:1-4; amended November 27, 1974 to be effective April 1, 1975;amended July 13, 1994 to be effective September 1, 1994.

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