GANN LAW
| Home • Store • Online • CLE • Librarians • Court Rules Appendices | • Login |
GANN LAW
2019 NJ Appellate Practice - Annotated
Online Editions Include The Print or E-Book Editons At No Additional Charge
Expires Upon Publication of the Next Print Edition
The Online Edition includes automatic enrollment in email alerts that will inform you of new cases and statutes that have a significant impact on your subscribed treatise(s) -- specifically keyed to relevant paragraphs in your book or E-Book.You may choose to un-enroll from this service.
"What's New" Online Edition - via Gann's What's New Feature - is Current Through: N.J. cases app'd for pub. on January 15, 2019; U.S. Sup Ct cases through 197 L.Ed.2d 662; N.J. Chap. Laws through L. 2018 c. 167
Gannlaw.com Links Primary Law to Gann Commentary to Provide an Integrated New Jersey Research System
|
This price is for a single license, and includes shipping and handling charges. When two or more books are shipped as part of the same order, the shipping and handling charges are discounted. Single user only You May Also Be Interested In
NJ Court Rules
AddToCart
NJ Rules of Evidence
AddToCart
NJ Attorney Ethics
AddToCart
NJ Municipal Court Practice
AddToCart
NJ Arrest, Search, & Seizure
AddToCart |
| Email Alerts Included (Learn More) |  |
New Gann 'Alert' Service - Your Gann Online subscription will include automatic enrollment in email alerts that will inform you of new cases and statutes that have a significant impact on your subscribed treatise(s) -- specifically keyed to relevant paragraphs in your book or E-Book. You may choose to un-enroll from this feature
| Synopsis | |
| About The Author | |
| Terms of Purchase. Please Read. | |
When you purchase "Online Access with Paperback" or "Online Access with E-Book**", online access to that treatise will will expire upon publication of the next print edition, roughly one year after publication of the prior print edition.
When you purchase "Online Access Only", such online access will expire one year from the date of purchase.
Purchase of online access to a Gann treatise entitles you to a single user license subject to the terms of use. Under that license, only the registered user may access the licensed online treatise. Access to that online treatise by other individuals using the login name of the registered user is prohibited, and will result in the loss of the registered user's license for online access.
Immediate access will be granted upon subscription to an online treatise, whether paid by credit card or invoiced to an established Gann account. However, invoices for online access must be paid within 10 business days. Otherwise, continued access may be denied.
| View Index | |
A. Election of remedies, 9:4-4
ACCELERATION
See also Time
Arbitration appeals, 26:2-2(a)Calendar control by appeals court, 5:2
2(e)Common if matter stayed, 25:2Chief Justice, power to grant, 12:2-1(a)Generally, 19:7In specific cases, 26:2-2(b)Interlocutory appeals, 26:2-2(a)Parental rights, 26:2-2(a)Presiding Judge for Administration, pow
er to grant, 24:3-1Sentencing appeals, 11:2-3Summary disposition distinguished, 27:3
ACQUITTAL, JUDGMENT OF
Standard of review, 37:2-1
As issue preclusion, 33:3-6Not applicable to illegal sentence, 11:22(a)
ACTIONS
As focus of appeal, 2:4
ADJOURNMENTS
Authority, Chief Justice, 12:2-2(a), 24:3-2 Presiding Judge, 24:3-1
Calendar control, 5:2-2(e)
Oral argument, Appellate Division, 26:3-4 Supreme Court, 26:3-5
Standard of review, 35:3-1
ADJUDICATIVE ACTION
Standards of review, 38:2
ADMINISTRATIVE AGENCIES, REVIEW OF
Adjudicative actions, 38:2 Generally, 38:1 Highly regulated industries, 38:4-1 Parole board, 38:4-2 Particular agencies, 38:4 Ratemaking, 38:4-3 Rulemaking, 38:3 Treasury purchasing, 38:4-4
ADMINISTRATIVE APPEALS
See also Standards of Review, Appellate Division
Adjudications, 9:3-1 Allocation to Appellate Division, 9:1 Exhaustion of remedies, 9:4-3 Exclusivity of review, 9:2
Failure to act, 9:3-4 Final actions, 9:4-2 Informal action, 9:3-3 Interlocutory appeals from, 10:1-4 Matters reviewable, 9:3 Prerequisites to review, 9:4 Prisoner appeals, 9:3-5 Relief pending appeal, 9:6 Rulemaking, 9:3-2 Standing, 9:4-1 Stays pending appeal, 25:2-4
ADMINISTRATIVE PROCEDURES
Generally, 1:3-2
ADMINISTRATIVE RULEMAKING
Standards of review, 38:2
ADOPTION ORDERS
Appellate review, 8:3-6
ADVISORY OPINION
As limit on appealability, 3:3-4 Not final order, 2:3-1, 9:4-2
ADVISORY LETTERS
When permitted, 23:1-2(c)
AMICUS CURIAE
Appeals court control over, 5:2-2(a)
Brief of, Cover, 23:5-1 Limitation on content, 23:5-3 Other requirements, 23:5-3
Continuing status, 18:4-2Filing fee, motion to participate, 24:2-3(c)Format, 23:5 Limitations on participation, 18:4-3Motion for leave to participate, 18:4-2Oral argument by, 26:3-3(a)Role of in appeals, 18:4-1
ANTENUPTIAL AGREEMENT
Standard of review, 35:1-1
APPEAL
See also specific subject headings
“One case, one appeal,” 2:2-2 Right to, 2:2-1
APPEALABILITY
Finality required, 2:3 Generally, 2:1 Limits on,
Advisory opinions, 3:3-4 Generally, 3:1 Harmless error, 3:4 Jurisdiction
Personal, 3:2-1 Subject matter, 3:2-2
Mootness, 3:3-2 Political questions, 3:3-3 Ripeness, 3:3-1 Standing, 3:3-5
One case, one appeal, 2:2-2 Right to appeal, 2:2-1
APPELLATE COURTS
Appellate Division, 1:2-1 Control over matters by, 5:2 Electronic filing, 20:2-3(a) Generally, 1:2 Supreme Court, 1:2-2
APPELLATE DIVISION
See also Copies
Administrative appeals, 9:1 As court of last resort, 7:1-2 As-of-right appeals,
Filing, 20:2-3(a)
From administrative agencies, Adjudications, 9:3-1 Allocation, 9:1 Exhaustion of remedies, 9:4-3 Exclusivity of review, 9:2 Election of remedies, 9:4-4 Failure to act, 9:3-4 Final actions, 9:4-2 Informal action, 9:3-3 Prisoner appeals, 9:3-5 Relief pending appeal, 9:6 Rulemaking, 9:3-2 Standing, 9:4-1
From courts, 8:2 Statutory agents, 8:2-2Summary contempt proceedings, 8:24 Superior Court trial divisions, 8:2-1Tax Court, 8:2-3
Orders deemed final, 8:3 Adoption orders, 8:3-6Certification of finality, 8:3-3Final custody orders, 8:3-5Material witness orders, 8:3-2 Pretrial intervention, 8:3-1 Receivers, orders appointing, 8:3-4Tort Claims Act late notice, 8:3-7
Orders excluded, 8:4 Procedures, 8:6 Service, 20:2-3(c)
Civil Appeals Settlement Program, 11:5Civil Pro Bono Pilot Program, 32:4-5Composition, 7:2Constitution, 7:1-1 Copies, generally, 23:7-2(a)Generally, 1:2-1, 7:1Interlocutory appeals,
Filing, 20:2-3(a)Jurisdiction, 10:1 From administrative agencies, 10:1-4
From courts of limited jurisdiction, 10:1-3 Scope of, 10:1-2Sources of, 10:1-1
Leave to appeal,As within time, grounds, 10:2-4Consequences when denied, 10:4-2Consequences when granted, 10:4-1Expedited appeal, 10:3-4Finality of decision, 10:5Grounds for, 10:2-3 How sought, 10:3-1Interest of justice standard, 10:2Procedures, 10:3 Scope of appeal, 10:3-2Summary disposition, 10:3-5
Service, 20:2-3(c) Emergent relief, 25:4-3(b) Judges, 7:2-1
Appointment, 7:2-1(a) Assignment, 7:2-1(a), 7:2-2(b) Presiding Judge for Administration, 7:2-2(a) Recall, 7:2-1(c) Tenure, 7:2-1(b)
Jurisdiction As-of-right appeals, 8:1 Review, 4:2-2
Limits on authority, 7:1-3 Megan’s Law appeals, 11:3 Motions,
Disposition, 24:3-1 Generally, 24:2
Oral argument,Argument procedures, 26:3-4(c)Obtaining oral argument, 26:3-2(a)Procedures following argument, 26:3
4(d)Right to argument, 26:3-1(a)Scheduling, adjournments, 26:3-4(a)Who hears argument, 26:3-4(b)
Panels Assignment of judges, 7:2-2(c) Two- or three-judge, 7:2-2(c)
Places of sitting, 7:4Schedule, 7:3 Sentencing appeals, 11:2Sexually Violent Predator Act appeals,
11:4
Structure, 7:2-2 Parts, 7:2-2(b)Presiding Judge for Administration, 7:2
2(a) Under 1947 Constitution, 7:1-1
APPENDICES
Appellant, Jury charge, 23:6-2(c) Jury verdict sheet, 23:6-2(b) Notices of appeal, 23:6-2(e)
Opinions or findings, 23:6-2(c) Order or judgment appealed from, 23:6
2(b)Pleadings and related items, 23:6-2(a)Statement in lieu of record, 23:6-2(d)Transcript delivery certification, 23:6
2(d)Unpublished opinions cited, 23:6-2(f)
Filing, Appellate Division, 23:7-2(a) Supreme Court, 23:7-2(b)
Format, Binding, 23:6-6(b) Cover, 23:6-6(b) Documents, 23:6-6(a) Table of contents, 23:6-6(b)
Joint, 23:6-3 Reply, 23:6-5 Respondent, 23:6-4 Restrictions, 23:6-1 Service,
Appellate Division, 23:7-2(a) Proof of service, 23:7-2(c) Supreme Court, 23:7-2(b)
Time, Appeal with cross-appeal, 23:7-1(b)Appeal without cross-appeal, 23:7-1(a)Extension, 23:7-1(c)Tolling, 23:7-1(d)
To perfect appeal, 20:4-1(c)
ARBITRATION ISSUES
Standard of review, 35:1-1
ARGUMENTS
See Oral Argument
ARREST OF JUDGMENT
Tolling of time, 19:5-3(a)
AS-OF-RIGHT APPEALS
Appellate Division
From administrative agencies, Adjudications, 9:3-1 Exhaustion of remedies, 9:4-3 Exclusivity of review, 9:2 Election of remedies, 9:4-4 Failure to act, 9:3-4 Final actions, 9:4-2 Informal action, 9:3-3 Prisoner appeals, 9:3-5 Relief pending appeal, 9:6 Rulemaking, 9:3-2 Standing, 9:4-1
From courts, 8:2 Statutory agents, 8:2-2Summary contempt proceedings, 8:24 Superior Court trial divisions, 8:2-1Tax Court, 8:2-3
Jurisdiction, 8:1, 9:1
Orders deemed final, 8:3 Adoption orders, 8:3-6Certification of finality, 8:3-3Final custody orders, 8:3-5Material witness orders, 8:3-2 Pretrial intervention, 8:3-1 Receivers, orders appointing, 8:3-4Tort Claims Act late notice, 8:3-7
Orders excluded, 8:4
Procedures, 8:6 Final judgment required, 2:3-1 Pretrial detemtion, 11:6 Scope of review
Issues not preserved below, 33:2-2Issued preserved below, 33:2-1
Supreme Court As provided by law, 13:5 Dissents in Appellate Division, 13:3 Jurisdiction, 13:1 Procedures, 13:6 Substantial constitutional questions,
13:2
Application for counsel on appeal Duties of trial counsel, 32:3-4 Entitlement,
Administrative appeals, 32:3-1(c) Civil appeals, 32:3-1(b) Criminal appeals, 32:3-1(a)
Procedures, Administrative appeals, 32:3-2(c)Civil appeals, 32:3-2(b)Criminal appeals, 32:3-2(a)
Review of denial, 32:3-3 Rule as to finality, 2:3-1(b)(3)
ATTORNEY-CLIENT PRIVILEGE
Standard of review, 35:1-1
ATTORNEY DISCIPLINE
Standard of review, 35:1-1
ATTORNEYS’ FEES ON APPEAL
American Rule generally, 31:2-2
Application for fees, Court to which made, 31:2-4(a) Form and contents, 31:2-4(c) Time for motion, 24:2-1(a), 31:2-4
As sanction, 30:2-2 Cases where fees allowed, 31:2-3 Standard of review, 36:2-6
ATTORNEY GENERAL
As administrative agency for purposes of
appeal, 9:2-1(b)Notice as to cross-appeals, 21:4-4Notice required in capital cases, 17:3-1(c)Notice required where statute or regula
tion challenged on appeal, 20:2-1 Service required in administrative appeals, 20:2-3(c)
Service required in adult criminal appeals, 20:2-3(c)Standing to appeal parole decision, 9:41(b)
ATTORNEY OF RECORD
Death or disability of, tolling effect, 19:51(c)Name and address required on brief, 23:21(a)Trial counsel as to indigent appeals, 32:34
Standard of review, 37:4-9
BAIL PENDING APPEAL
See also Interim Relief
Acceleration where denied, 25:2-5(b) Application, 25:3-2 Contempt cases, 25:3-4 Entitlement, 25:3-1 Release after appeal, bail, 29:2-2 Revocation, 25:3-3
BAIL PENDING TRIAL
See Pretrial Detention
See also Stays
Dismissal due to, 25:2-7 Stays, 25:2-7
BINDING EFFECT OF DECISIONS
See also Decisions
Dicta, 28:4-1(c) Generally, 28:4-1 Published opinions, 28:4-1(b) Unpublished opinions, 28:4-1(a)
BOND, SURETY
See Supersedeas Bond
BRIEFS
Amicus curiae, Content, limitations, 23:5-3 Cover, 23:5-1 Other requirements, 23:5-2
Appellant’s principal brief
Formal brief, 23:2-1 Conclusion, 23:2-1(i)Cover, 23:2-1(a)Identification of parties, 23:2-1(b)Legal argument, 23:2-1(h)Length of brief, 23:2-1(j)Preliminary statement, 23:2-1(e)Procedural history, 23:2-1(f)Signature, 23:2-1(i)Statement of facts, 23:2-1(g)Table of authorities, 23:2-1(d)Table of contents, 23:2-1(c)
Letter brief, 23:2-2 Binding, 23:1-2(a) Certification,
Brief in opposition, 14:2-2(c) Reply brief, 14:2-2(d)
Covers, Appellant’s formal brief, 23:2-1(a) Generally, 23:1-2(g)
Cross-appeals, 21:4-5
Format, Binding, 23:1-2(a) Characters per line, 23:1-2(c) Covers,
Generally, 23:1-2(g) Line length, 23:1-2(c) Margins, 23:1-2(e) Paper, weight, color, 23:1-2(b) Page size, 23:1-2(d) Reproduction, methods of, 23:1-2(a) Spacing, 23:1-2(c) Typeface, 23:1-2(d)
Margins, 23:1-2(e)
Permitted, Merits briefs, 23:1-2(c) Reply briefs, 23:4
Reply briefs,
Appellant Format, 23:4-1(b) Scope, 23:4-1(a)
Respondent
When permitted, 23:4-2 Reproduction, methods of, 23:1-2(a) Respondent’s principal brief
Cross-appeal, brief addressing, 23:3-4
Formal brief, 23:3 Counterstatement of facts, 23:3-2(b)) Cover, 23:3-2(a) Legal argument, 23:3-2(c)
Letter brief, 23:3-3 Sentencing appeal, not permitted 11:2-3 To perfect appeal, 20:4-1(c) Typeface, 23:1-2(d)
BURDEN OF PERSUASION
Burden shifting, 34:4-2 General rule on appeal, 34:4-1
C. CALENDAR
Control of, by appeals court, 5:2-2(e) General rule, 26:2-1 Presiding Judge for Administration, role
of, 7:2-2(a) Priority as to appeals by leave granted,
20:3-3 Priority cases, 26:2-2 Sentencing appeals, separate calendar,
11:2-3
Accuracy in statements of law and fact,
6:5-1 Disclosure of contrary law, 6:5-2 Duty of counsel, 6:5 Statements of fact, 6:5-1 Statements of law, 6:5-1
CAPTION
Brief covers, 23:2-1(a) Case information statement, 20:2-1(b) Notice of appeal, 20:2-1(a) Notice of cross-appeal, 21:4-1
CASE INFORMATION STATEMENT
Final appeals, 20:2-1(a) Interlocutory appeals, 20:2-2(b)
CERTIFICATION
See also Copies
Appeal pending unheard in Appellate Division Generally, 14:4-1Procedure on certification, 14:5 Reliance on filings below, 14:4-3Time for motion, 14:4-2
Final Judgments,Contents of notice of petition, 14:2-1(a)Contents of petition, 14:2-1(b)Cross-petition, 14:2-2Deposit for costs, 14:2-1(e)Filing fees, 14:2-1(a)Grant or denial, 14:2-5 Notice of Petition, 14:2-1(a)Petition, 14:2-1(b)Petitioner’s reply brief, 14:2-1(d)Record on petition, 14:2-4Respondent’s brief, 14:2-1(c)Simultaneous appeal, 14:2-3Time for notice of petition, 14:2-1(a)
Grounds, 14:1-2 Jurisdiction, 14:1-1 Of questions of law
Limitations, 16:3 Pending in Third Circuit, 16:1 Procedures, 16:2
Supreme Court procedures, 16:2-2Third Circuit procedures, 16:2-1On Court’s motion, 14:3 From interlocutory appeals pending inAppellate Division, 15:3
CHANCERY DIVISION
Generally, 1:3-1(a)(2)
CHIEF JUSTICE
Acting Chief Justice, 12:2-2(b)Appointment of Presiding Judge for Administration, 7:2-2(a)Assignment of judges in Superior Court, 1:2-1, 1:3-1, 7:2-1(a)
Establishment of parts in Appellate Divi
sion, 7:2-2 Grant of time-related motions, 24:3-2 Places of court sitting, 7:4, 12:4 Role of Chief Justice,
At oral argument, 26:3-5(b) Generally, 12:2-2 Temporary assignment to Supreme Court,
12:3
Standard of review, 36:1-7
CITATION
Appendix citations in briefs, 23:2-1(f) Case citations in briefs, 23:2-1 Citation formats, 23:2-1(h) To support factual assertions, 23:2-1 Transcript citations in briefs, 23:2-1(h) Unpublished opinions cited, 23:6-2(f)
CIVIL APPEALS SETTLEMENT PROGRAM
Generally, 11:5
CIVIL MATTERS, REVIEW OF
Arbitration, 36:4-1 Civil commitment, 36:4-2 Class certification, 36:4-8 Equitable remedies, 36:4-10 Family Part rulings, 36:4-3 Foreclosure, 36:4-11 Injunctive relief, 36:4-4 Municipal matters, 36:4-6 Shareholder suits, 36:4-9 Tax court decisions, 36:4-5 Tort claims, late notice, 36:4-7
CIVIL COMMITMENT
Control by trial court during appeal, 5:3-2 Sexually violent predator act commitment, 11:4
CIVIL PRO BONO PILOT PROGRAM
Generally, 32:4-5
CLERICAL MISTAKES
Time to appeal, 19:1-4(a)
CLERK’S OFFICE
Hours, Appellate Division, 20:3-1(a) Electronic filing, 20:2-3(a) Supreme Court, 12:5
COMMUNICATION
Duty of counsel, 6:3
COMPETENCE
Duty of counsel, 6:2 To stand trial, standard of review, 37:1-7 Witnesses, review of, 35:3-12
CONFLICT AVOIDANCE
Duty of counsel, 6:4
CONSENT
As issue preclusion, 33:3-3 Discharge of supersedeas bond, 25:2-2(c) Dismissal of appeal without consent, 27:2 Effect on time periods, 19:6-3(a) Jurisdiction, not created by consent, 3:2-2,
8:1 Time to file brief, 23:7-1(c) Transfer of appeal, 9:2-3
CONSOLIDATION
Control of, by appeals court, 5:2-2(f) Rule as to finality, 2:3-1(b)(3)
CONSTITUTION
Appellate Division, 7:1-1Federal Constitution, Issue under, Supreme Court jurisdiction, 13:2-2 State Constitution, As source of appellate jurisdiction, 4:1-1Supreme Court, 12:1-1
CONTEMPT
Appeal to Appellate Division, 8:2-4 Bail in contempt appeals, 25:3-4 Stay pending appeal, 25:2-3
CONTINUANCE
Standard of review, 35:3-1
CONTRACTS
Standard of review, 35:1-1
CONTRARY LAW
Duty of counsel to disclose, 6:5-2
CONTROL OVER MATTERS ON APPEAL
By appeals court, 5:2 Calendar, 5:2-2(e) Consolidation, 5:2-2(f) Disposition, 5:2-2(g) Initiation of appeal, 5:2-2(a Oral argument, 5:2-2(d) Post-disposition matters, 5:2-2(g) Record and filings, 5:2-2(c) Rule relaxation, 5:2-2(b)
By trial court, 5:3 Generally, 5:1
COPIES
Amicus curiae, motion to participate,
18:4-2 Appellate Division, generally, 23:7-2(a)Certification,
Brief opposing, 14:2-1(c) Filings below, 14:3-2 On direct certification, 14:3-2
Motion for direct, 14:4-1 Petition for certification, 14:2-1(b) Questions of law, 16:2-2(a) Reply brief, 14:2-1(d)
Costs, motion for, 31:3-2(a) Cross-appeal, leave to file, 21:4-2 Emergent applications, 25:4-3 Indigent status, motion for, 32:2-5 Leave to appeal, motion, 15:2 Motion papers, generally, 24:2-3(a) Reconsideration, 29:1, 29:1-4(c) Summary disposition motion,
Appellate Division, 27:3-2(c)(b)
Supreme Court, 27:3-3(c)Supreme Court, generally, 23:7-2(b)Transcripts, generally, 20:4-1(a), 23:7
1(a)
COSTS ON APPEAL
Entitlement, 31:3-1 Generally, 31:3 Recoverable costs, 31:3-3 Taxation of costs, 31:3-2
COURTROOM CONTROL
Standard of review, 35:3-2
COVERS
Amicus curiae, 23:5-1
Appellant, Formal brief, 23:2-1(a) Letter brief 23:2-2 Reply brief, 23:4-1(b)
Appendix, 23:6-6(b) Material, 23:1-2(g) Respondent,
Formal brief, 23:3-2(a) Letter brief 23:3-3 Reply brief, 23:4-2
CRIMINAL MATTERS, REVIEW OF
Acquittal, judgment of, 37:2-1Bail forfeiture, 37:4-9 Competence to stand trial, 37:1-7Criminal Justice Reform Act, 37:1-5 Death, of defendant, 37:4-7 Death penalty, 37:4-6Discovery issues, 37:1-8Forfeiture of office, 37:3-3 Grand jury matters, 37:1-1Indictment, dismissal, 37:1-2 Ineffective assistance of counsel, 37:3-2 Intensive supervision program, 37:3-4Intervention programs, 37:1-3Jury instructions, 37:2-5Juvenile delinquency, 37:4-3Juveniles, jurisdiction, 37:1-4Novel scientific evidence, 37:2--4 Parole determinations, 37:4-8 Pleas, plea bargains, , 37:2--2Pretrial detention, 37:1-5 Pretrial matters, 37:1 Prosecutorial misconduct, 37:2--3 Post-conviction relief, 37:3-1 Post-trial matters, 37:3 Search warrants, 37:1-6 Sentencing appeals, 37:4-2Speedy trial, 37:1-5Summary contempt, 37:4-1Trial matters, 37:2
CROSS-APPEALS
See also Appeals; Supreme Court
Appellate Division, 21:2-1Briefing requirements, 21:4-5By State in criminal cases, 18:5-2(c)Filing fees, 21:4-3Generally, 21:1-1Notice requirements, 21:4-4Prerequisites, 21:1-2Procedures, 21:4
As of right, 21:4-1
By leave granted, 21:4-2 Supreme Court, 21:2-2 Time, 19:4-1, 21:3
CROSS-PETITIONS
See Certification; Supreme Court
CUSTODY
Appellate review, final order, 8:3-5
D. DAMAGES
Standard of review, 36:3-1
DEATH
Of defendant on appeal, 18:5-1(a)Standard of review, 37:4-7
DEATH PENALTY CASES
Generally, 17:1 Historical note, 17:2 Standards of review, 37:4-6
DEATH, REMOVAL OR DISBARMENT OF ATTORNEY
Effect on time to appeal, 19:5-1(c)
DECISIONS
See also Judgments; Opinions
Binding effect of, 28:4-1
DEFAULT JUDGMENTS
As issue preclusion, 33:3-1
DEPOSIT FOR COSTS
Generally, 20:4-1(b) Petition for certification, 14:2-1(e)
DILIGENCE
Duty of counsel, 6:3
DISCOVERY
Civil, review of, 36:1-5 Standard of review, 35:2-3
DISMISSAL OF APPEAL
As sanction, 30:2-2(e) Bankruptcy, due to, 25:2-7 By appellant, ex parte, 27:2-2(a) By agreement of parties, 27:2-2(c) By court sua sponte, 27:2-2(d) By leave of court, 27:2-2(d) Class actions, 27:2-2(d) Grounds, 27:2-1 Mentally-incapacitated persons, appeals
involving, 27:2-2(d) Minors, appeals involving, 27:2-2(d) Procedures,
By agreement of parties, 27:2-2(b) By appellant ex parte, 27:2-2(a) By leave of court, 27:2-2(d) Upon settlement, 27:2-2(c)
Removal, due to, 25:2-8
DISMISSAL OF ACTION, REVIEW OF
Failure to comply with rule or order, 36:1
3 Failure to state a claim, 36:1-2 Forum non conveniens, 36:1-1 Involuntary at trial, 36:2-1
DISQUALIFICATION OF COUNSEL
Standard of review, 35:1-1, 35:2-5
DISPOSITION OF APPEALS
See also Summary Disposition
Control of, by appeals court, 5:2-2(f) Dismissal, 27:2 Form of, 28:1 Merits adjudication, 27:4 Notice of disposition, 27:5 Summary disposition, 27:3
DISSENT
See also Appeals; Supreme Court
As basis for appeal as of right, 4:1-1, 12:11 Scope of appeal, 13:3,
DIVISIONS OF COURTS
Appeals courts, 1:2 Generally, 1:2, 1:3 Trial courts, 1:3
DOUBLE JEOPARDY
Appeal by State, 11:2-2(b), 18:5-2(a) Grounds for leave to appeal, 10:2-3(d) Interlocutory appeals, 15:2-1(a) When sentence stayed by state’s appeal,
18:5-1(b)
DRUG COURT PROGRAM
Admission interlocutory, 2:3-1 Appellate review, 37:1-3(b) Stay provisions, 25:2-5(b)
Standard of review, 35:1-1
E. eCOURTS-APPELLATE
See Electronic Filing
ELECTION OF REMEDIES
Administrative appeals, 9:4-4
ELECTRONIC FILING
Appellate Division, 20:2-3(a) Supreme Court, 20:3-1(d)(2)
EMERGENT RELIEF
See also Interim Relief
Procedures, Appellate Division, 25:4-3(b) Argument, 25:4-3(d) Disposition, 25:4-3(d) Governing rule, 25:4-3(a) Supreme Court, 25:4-3(c)
Required showing, 25:4-2 Emergent nature, 25:4-2(a) Likelihood of success on merits, 25:4
2(b) Scope, 25:4-1 Stay pending appeal, 25:2-6
ENLARGEMENT OF TIME
See Time
ERROR See also Harmless Error, Plain Error, Standards of Review Burden of persuasion, 34:4 Generally, 34:4-1 Shifting, 34:4-2
Determining error, 34:1
Harmless error, 34:3 Degree of harm, 34:3-2 Exceptions, 34:3-3 Theory, 34:3-1
Standards of review, 34:2 Deference, 34:2-1 Sources of, 34:2-2
ETHICAL CONCERNS
Duty of candor to the tribunal, 6:5 Accuracy in statements of law and fact,
6:5-1 Duty to disclose contrary law, 6:5-2 Duty to disclose material facts, 6:5-3
Duty of competence, 6:2 Duty of conflict avoidance, 6:4 Duty of diligence and communication, 6:3 Generally, 6:1
EVIDENCE RULINGS
Standard of review, 35:1-1, 35:3-3
As to tax appeals, 8:2-3 Generally, 9:4-3 Relationship to ripeness, 3:3-1
EXHIBITS
Record on appeal, 22:1-2(b)
EXPEDITED APPEAL
Appeals on leave granted, 10:3-4, 15:1-2
EXTENSIONS
See also Time
Cross-appeals, 19:6-2 Final appeals, 19:6-1(a) Grounds for, 19:6-1(c) Indigent defendants, 19:6-5 Interlocutory appeals, 19:6-1(b) Limitations on, 19:4 Procedures,
Motion for, 19:6-3(a) Sua sponte, 19:6-3(b)
F. FAIR VALUE, STANDARDS
Standard of review, 35:1-1
Appellate Division,Interlocutory appeal, 20:2-2(c)Motion for leave to appeal, 10:3-1(b)Notice of appeal, 20:2-1(c)
Application for relief from fees and costs,Contents of application, 32:2-3Generally, 32:2Prisoner appeals, 32:2-6Review of denial of application, 32:2-4Simultaneous application for other re
lief, 32:2-5 Time for application, 32:2-2 Where filed, 32:2-1
Cross-appeals, 21:4-3
Supreme Court, Motion for leave to appeal, 15:1-2 Notice of appeal, 20:3-1(b)
FEES, TRANSCRIPTS
Statute setting, 20:4-1
FILING
Appellate Division, Final appeal, 20:2-3(a) Generally, 23:7-2(a) Interlocutory appeal, 20:2-3(b)
Control of, by appellate court, 5:2-2(c)Electronic
See Electronic Filing
Motion for leave to appeal to Appellate Division, 10:3-1(a)Notice of appeal to Appellate Division, 20:2-3(a)
Notice of petition for certification, 14:21(a) Statement in lieu of proceedings, 22:12(b) Supreme Court, Certification, Appeal pending unheard in
Appellate Division, 14:4-1 Cross-petition for, 14:2-2 Notice of, 14:2-1(a) Petition for, 14:2-1(b)
Final appeal, 20:3-1(b) Generally, 23:7-2(b) Interlocutory appeal, 15:1-2
FINAL JUDGMENTS
See also Finality, Judgments
Certification of, Contents of notice of petition, 14:2-1(a) Contents of petition, 14:2-1(b) Cross-petition, 14:2-2 Deposit for costs, 14:2-1(e) Filing fees, 14:2-1(a) Grant or denial, 14:2-5 Notice of Petition, 14:2-1(a) Petition, 14:2-1(b) Petitioner’s reply brief, 14:2-1(d) Record on petition, 14:2-4 Respondent’s brief, 14:2-1(c) Simultaneous appeal, 14:2-3 Time for notice of petition, 14:2-1(a) Grounds, 14:1-2 Jurisdiction, 14:1-1 On Court’s motion, 14:3
Judgments deemed final, 8:3 Prerequisite to as-of-right appeal, 2:3, 2:4-1 Time to appeal, 19:1
FINALITY
Appellate limitation, 2:3-1 Case Information Statement, statement as
to, 20:2-1(b) Certification of, 8:3-3 Definition, 2:3-1(b) Interlocutory order encompassed in final
appeal, 2:3-4 Judgments deemed final, 8:3 Notice of appeal, statement as to, 20:2
1(a)
Rule, 2:3 Exceptions, 2:3-2 Procedures when rule violated, 2:3-3 Rationale, 2:3-1(a)
FINDINGS
Notice to lower tribunal to permit, 20:2-1 Supplemental, by trial court or agency, 10:3-1(a)
Factfinding by judges, 35:1-2 Mixed with law, 35:1-3 Jury verdict, 35:4
FIRST AMENDMENT CLAIMS
Standard of review, 35:1-1
FIRST OFFENDER STATUS
Standard of review, 35:1-1
FLIGHT
Effect on right to appeal, 18:5-1(e)
FORECLOSURE ACTIONS
Finality, issues of, 2:3-1(b)
FORFEITURE OF OFFICE
Standard of review, 37:3-3
FORMAT OF APPELLATE FILINGS
See also Appendices; Briefs
Binding, 23:1-2(a) Characters per line, 23:1-2(c) Covers,
Appendices, see Appendices Briefs, see Briefs Generally, 23:1-2(g)
Line length, 23:1-2(c) Margins, 23:1-2(e) Paper, weight, color, 23:1-2(b) Page size, 23:1-2(d) Reproduction, methods of, 23:1-2(a) Spacing, 23:1-2(c) Typeface, 23:1-2(d)
FORMS
Case information statement, 20:2-1(b)
G. GOVERNOR
Appointment of judges, 7:2-1(a)Appointment of Justices, 12:2As administrative agency for purposes of
appeal, 9:2-1(b)
GRAND JURY MATTERS
Standard of review, 37:1-1
GUILTY PLEA
Factual basis, standard of review, 35:1-1
GUN PERMITS
Excluded from exclusive Appellate Division jurisdiction, 9:2-2(a)
H. HARMLESS ERROR
As limit on appealability, 3:4
Exceptions to general rule, Constitutional error, 34:3-3(a) Structural error, 34:3-3(b)
General rule, 34:3 Required degree of harm, 34:3-2
Theory of harmless error, 34:3-1
HEARING
See Oral Argument
HOLIDAYS
Computation of time,
HOURS
Court clerks’ offices, Appellate Division, 20:3-1(a) Electronic filing, 20:2-3(a) Supreme Court, 20:3-2(d)
I. IMMUNITY FROM SUIT
Standard of review, 35:1-1
IN CAMERA PROCEEDINGS
Subject to recordation and transcription, 22:1-2(b)
INDICTMENT, DISMISSAL OF
Standard of review, 37:1-2
INDIGENTS
Application for counsel on appeal Duties of trial counsel, 32:3-4 Entitlement
Administrative appeals, 32:3-1(c) Civil appeals, 32:3-1(b) Criminal appeals, 32:3-1(a)
Procedures Administrative appeals, 32:3-2(c)Civil appeals, 32:3-2(b)Criminal appeals, 32:3-2(a)
Review of denial, 32:3-3
Application for relief from fees and costs,Contents of application, 32:2-3Generally, 32:2Prisoner appeals, 32:2-6Review of denial of application, 32:2-4Simultaneous application for other re
lief, 32:2-5 Time for application, 32:2-2 Where filed, 32:2-1
Application for transcriptsAdministrative appeals, 32:4-3Civil appeals, 32:4-3Criminal appeals, 32:4-2Eligibility generally, 32:4-1Where counsel not appointed, 32:4-4
Continuing indigent status, 32:1-2Determination of indigent status, 32:1-2Effect on right to appeal, 32:1-1Erroneous determination of indigent sta
tus, 32:1-5 Extension of time to appeal, 19:6-5 Generally, 32:1 Indigent status,
Continuing, 32:1-3 Determination, 32:1-2
Erroneous determination, 32:1=5 Scope of relief, 32:1-4
INEFFECTIVE ASSISTANCE OF COUNSEL
Standard of review, 37:3-2
INFORMED CONSENT
Standard of review, 35:1-1
INHERENT POWERS
As source of appellate jurisdiction, 4:1-3Sanctions, 30:2-2 To supplement record of court proceed
ing, 22:4-1(a)
INITIATION OF APPEAL
Control over, 5:2-2(a)
INJUNCTIONS OR RESTRAINING ORDERS
Rule as to finality, 2:3-1(b)(3)
IN PERSONAM JURISDICTION
Generally, 3:2-1
INSANITY
Tolling of time, criminal defendant, 19:51(b)
INSTRUCTIONS, JURY
Standard of review, 35:3-4, 36:2-3, 37:2-5
INTENSIVE SUPERVISION PROGRAM
Standard of review, 37:3-4
INTERIM RELIEF
See also Bail Pending Appeal, Emergent Relief
Bail pending appeal, Application, 25:3-2 Contempt cases, 25:3-4 Entitlement, 25:3-1 Revocation, 25:3-3
Emergent relief,
Procedures, Appellate Division, 25:4-3(b) Argument, 25:4-3(d) Disposition, 25:4-3(d) Governing rule, 25:4-3(a) Supreme Court, 25:4-3(c)
Required showing, 25:4-2Emergent nature, 25:4-2(a)Likelihood of success on merits, 25:42(b)
Scope, 25:4-1 From administrative action, 9:6 Generally, 25:1 Stays pending appeal,
Administrative appeals, 25:2-4
Civil appeals,Conditions of stay, 25:2-2(c), (d)Effect on interest, 25:2-2(e)
Entitlement, 25:2-2(a) Review of grant or denial, 25:2-2(f) Supersedeas bond, 25:2-2(c) Where sought, 25:2-2(b)
Contempts, 25:2-3
Criminal appeals, By defendant, 25:2-5(a) By State, 25:2-2(b)
Procedures, Form of motion, 25:2-1(c) Time for, 25:2-1(b) Where sought, 25:2-1(a)
INTERLOCUTORY APPEAL
See also Cross-Appeals
Appellate Division, interlocutory appeals to Case information statement, 20:2-2(b) Fees, 20:202(c) Filing, 20:2-3 Jurisdiction, 10:1
From administrative agencies, 10:1-4 From courts of limited jurisdiction, 10:1-3 Scope of, 10:1-2 Sources of, 10:1-1
Leave to appeal, As within time, grounds, 10:2-4 Consequences when denied, 10:4-2 Consequences when granted, 10:4-1 Expedited appeal, 10:3-4 Finality of decision, 10:5 Grounds for, 10:2-3 How sought, 10:3-1, 20:2-2(a) Interest of justice standard, 10:2 Procedures, 10:3 Scope of appeal, 10:3-2 Summary disposition, 10:3-5
Service, 20:2-3(c) Supreme Court, interlocutory appeals to From interlocutory appeals pending in
Appellate Division, 15:3 Grounds, 15:2-1 Jurisdiction, 15:1-1 Leave to appeal,
As within time, 15:2-2 Filing fee, 15:1-2 Motion for, 15:1-2 Time for motion, 15:1-2
Procedures, 15:1-2 Standard, 15:2-1 Time to appeal, 19:3
INTERLOCUTORY ORDER
As part of final appeal, 2:3-4
INTERVENTION
On appeal, 18:3-1 Rule as to finality, 2:3-1(b)(5)
Standard of review, 37:1-3
INVITED ERROR
As issue preclusion, 33:3-5
ISSUE PRECLUSION AND PRESERVATION
See also Scope of Review
Exceptions to issue preservation rules, Issues of substantial public importance,
33:5-2 Jurisdictional issues, 33:5-1 Plain error,
Issued raised by parties, 33:5-3(a) Issues raised by court, 33:5-3(b)
Issue preclusion, Acquiescence, 33:3-6 Consent to ruling below,
Consent orders, 33:3-3(c) Consent to judgment, 33:3-3(a) Exceptions, 33:3-7 Settled matters, 33:3-3(b)
Default judgments, 33:3-1 Dismissals subject to reinstatement,33:3-2
Generally, 33:3 Invited error, 33:3-5 Stipulations, 33:3-4
Issue preservation, Failure to preserve, 33:4-3 Issue raised on appeal, 33:4-2 Issue raised below,
Objections, 33:4-1(b) Pleadings and motions, 33:4-1(a)
J. JOINDER
On appeal, 18:3-2 Standard of review, 35:2-1
JOINT APPEALS
Benefit of another’s appeal, 20:5-2 Requirements for joint appeal, 20:5-1
JUDGES
Appellate Division Appointment, 7:2-1(a) Assignment, 7:2-1(a) Generally, 7:2 Presiding Judge for Administration,7:2-2(a) Recall, 7:2-1(c) Tenure, 7:2-1(b)
Bail after conviction,
Supreme Court Chief Justice, 12:2-2 Selection, 12:2-1 Temporary assignments, 12:3-2
As prerequisite for appeal, 2:4-1Of appellate courts, 28:2Compliance required, 25:1Modification of, review, 36:3-3 Notwithstanding verdict, review of, 36:3
Original jurisdiction, contrasted, 4:3-2(e)Supplementation of record by, 22:4-3
JURISDICTION
Appellate Division, 4:2-2
As-of-right appeals, From courts, 8:1 From administrative agencies, 9:1
Interlocutory appeals, 10:1
Appellate jurisdiction, generally, Inherent powers, 4:1-3 Original, 4:3 Review, 4:2 Sources, 4:1 Constitutional authority, 4:1-1 Statutory provisions, 4:1-2
Constitutional authority, 4:1-1 Death penalty cases, 17:1 Inherent appellate power, 4:1-2 Issue preservation, 33:5-1 Original, 4:3
Factors against exercise of, 4:3-4Factors in favor of exercise of, 4:3-3 History, 4:3-1Judicial notice, contrasted, 4:3-2(e)Scope, 4:3-2Sentencing, use of in imposing, 4:3-5Standard of review, 4:3-6
Personal, 3:2-1 Review, 4:2 Sources of, 4:1 Standard of review, 35:1-1 Statutory provisions, 4:1-2 Subject matter, 3:2-2 Supreme Court, 4:2-2
Certification, 14:1-1 Interlocutory appeals, 15:1 As-of-right appeals,
As provided by law, 13:5Dissents in Appellate Division, 13:3Jurisdiction, 13:1 Procedures, 13:6 Substantial constitutional questions,
13:2 Certification, 14:1-1 Interlocutory appeals, 15:1
JURY MATTERS, REVIEW OF
Deliberations, 35:3-5(e) Instructions, 35:3-4, 36:2-3, 37:2-5 Polling, 35:3-5(e) Removal during trial, 35:3-5(c)
Selection, 35:3-5(a) Sequestration, 35:3-5(b)
JUSTICES
See also Supreme Court
Chief Justice, 12:2-2 Selection, 12:2-1 Temporary assignments, 12:3-2
JUSTICIABILITY
Limits on appealability, 3:3 Advisory opinion, 3:3-4 Mootness, 3:3-2 Political question, 3:3-3 Ripeness, 3:3-1 Standing, 3:3-5
JUVENILE MATTERS
Disclosures as to, 37:4-4 Standard of review, 37:1-4, 37:4-3
L. LACHES
As to administrative appeals, 9:3-3, 19:22
Mixed with facts, 35:1-3 Rulings on legal issues, 35:1-1
LAW DIVISION
Generally, 1:3-1(a)(2)
LAW OF THE CASE
After interlocutory appeal, 10:4-1 Decision of divided court, 28:4-1 Doctrine of, 2:3-4 On remand, 29:2-3
LEAVE OF COURT
See Appellate Division, Cross-Appeals, Interlocutory Appeal, Supreme Court
LEAVE TO APPEAL
To Appellate Division, Cross-appeals, 10:3-1(c)Governing rules, 10:3-1(a) Leave to appeal as within time, 10:3
1(e)Motion for leave, 10:3-1(b) Notice to lower tribunal, 10:3-1(d)
To Supreme Court, Cross-appeals,Governing rules, 15:1-2 Leave to appeal as within time, 15:2-2Motion for leave, 15:1-2 Grounds for, 15:2
LESSER-INCLUDED OFFENSES
Standard of review, 35:1-1
LIMITATIONS, STATUTES OF
Standard of review, 35:2-6
Review of, 9:1
M. MATERIAL FACT
Duty of counsel to disclose, 6:5-3
MATERIAL WITNESS ORDERS
Appellate review, 8:3-2
MEGAN’S LAW
Appellate review under, 11:3Registration, standard of review, 35:1-1
MISTRIAL
Standard of review, 35:3-6
MOOTNESS
Application of doctrine, 3:3-2(c) As limit on appealability, 3:3-2 Exceptions, 3:3-2(b) General rule, 3:3-2(a)
MOTIONS
See also Specific Headings, e.g., Leave to Appeal, and see Copies
Amicus curiae, leave to participate, 18:42
Appeal, leave to Appellate Division, 14:4 Supreme Court, 15:1-2
Appointment of counsel on appeal,
Administrative appeals, 32:3-2(c)Civil appeals, 32:3-2(b)Criminal appeals, 32:3-2(a)
Attorneys’ fees on appeal, 31:2-4Certification of appeal pending unheard in
Appellate Division, 14:4 Correction of record, 22:3-1 Costs on appeal, 31:3-2 Disposition,
Appellate Division, 24:3-1
Supreme Court, 24:3-2Emergent relief, 25:4-3Fees, 24:2-3(c)Filing, 24:2-3(a)Format of all papers, 23:1-2Issue preservation, 33:4-1(a)Judgment, review of motion, 36:2-2Leave to appeal to Appellate Division,
10:3-1(b)Leave to appeal to Supreme Court, 15:1-2Matters outside the record, striking, 22:2
2 Motion practice generally, 24:1Oral argument, 24:2-4Permitted and required papers, 23:1-2(a)
Moving papers, 24:2-2 Other papers, 24:2-2(c) Papers in opposition, 24:2-2(b)
Procedures, 24:2
Reconsideration, motion for, Fee, 29:1-3(d) Filing, 29:1-3(c) Oral argument, 29:1-3(e) Required and permitted papers, 29:1
3(b) Service, 29:1-3(c) Time for motion, 29:1-3(a)
Relief from fees and costs, Contents of application, 32:2-3 Generally, 32:2 Prisoner appeals, 32:2-6 Review of denial of application, 32:2-4 Simultaneous application for other re
lief, 32:2-5 Time for application, 32:2-2 Where filed, 32:2-1
Service, 24:2-3(b) Supplementation of record, 22:4-1 Time, 24:2-1
Moving papers, 24:2-1(a) Papers in opposition, 24:2-1(b)
Transcripts, motion for free Administrative appeals, 32:4-3 Civil appeals, 32:4-3 Criminal appeals, 32:4-2 Eligibility generally, 32:4-1 Where counsel not appointed, 32:4-4
MUNICIPAL COURT
Appeals from, 37:4-5 Generally, 1:3-1(d) Matters appealable to Appellate Division,
8:2-1(b)
N. NEW TRIAL
See also Appeals
Jury verdict review, 35:4 Review as to motions for, 34:2-2 Standard of review, 35:5
NONCONFORMING PAPERS
Appellate Division, 20:2-4 Supreme Court, 20:3-4
NOTICE
See also Specific Headings, e.g., Leave to Appeal
Notice of disposition of appeal, 27:5
Notice to lower tribunal, Cross-appeals, 21:4-4 Leave to appeal to Appellate Division,
10:3-1(d) Notice of appeal, 20:2-1(a), 20:3-1(c) Notice to public authorities, 20:2-1(a), 20:3-1(c) Notice of petition for certification, 14:21(a)
To Appellate Division, 20:2-1(a) To Supreme Court, 20:3-1(a)
NOTICE OF PETITION
See Certification
As issue preservation, 33:4-1(b)
OFFICE OF ADMINISTRATIVE LAW
Generally, 1:3-2(b)
OPINIONS ON APPEAL
Authorship, 28:3-5(b)
Effect of, Binding effect, 28:4-1 Retroactivity, 28:4-2
Notice of opinion, 28:3-6 Publication, 28:3-5(a) Unpublished, 23:6-2 When not required,
Affirmances under R. 2:11-3(e), 28:3
4(a)Sentencing appeals, 28:3-4(b)Sexually violent predator appeals, 28:3
4(b) When required, 28:2-3
ORAL ARGUMENT
Appellate Division,Argument procedures, 26:3-4(c)Obtaining oral argument, 26:3-2(a)Procedures following argument, 26:3
4(d)Right to argument, 26:3-1(a)Scheduling, adjournments, 26:3-4(a)Who hears argument, 26:3-4(b)
Control over, 5:2-2(d)
Procedures, 26:3-3 Order of argument, 26:3-3(b) Time allowed, 26:3-3(c) Who may argue, 26:3-3(a) Who may attend, 26:3-3(d)
Right to argument,
Supreme Court,Argument procedures, 26:3-5(c)Obtaining oral argument, 26:3-2(b)Procedures following argument, 26:3
5(d)Right to argument, 26:3-1(b)Scheduling, adjournments, 26:3-5(a)Who hears argument, 26:3-5(b)
ORDER OF PROOF
Standard of review, 35:3-7
ORDERS
See also Judgments
As prerequisite for appeal, 2:4-1 Compliance required, 25:1
Factors against exercise of, 4:3-4 Factors in favor of exercise of, 4:3-3 Generally, 4:3 History, 4:3-1 Scope, 4:3-2 Sentencing, use of in imposing, 4:3-5 Standard of review, 4:3-6 Supplementation of record by, 22:4-2
P. PAGE LIMITS
Appendix, per volume, 23:6-6(b)Certified question, statement, 16:2-2(a)Merits briefs,
Appellant, 23:2-1(j) Cross-appeals, 23:3-4 Letter-brief, 23:2-2 Reply brief, Appellant, 23:4-1(b) Respondent, 23:4-2 Respondent’s brief, 23:3-1(c)
Motions, Direct certification, 14:4-2 Generally, 24:2-2 Leave to appeal, 10:3-1(b), (f) Reconsideration, 29:1-3(b)
Petition for certification, Petitioner’s brief, 14:2-1(b)Respondent’s opposing brief, 14:2-1(c)Petitioner’s reply brief, 14:2-1(d)
PARENTAL TERMINATION CASES
In initial appeal, 33:6
PAROLE ISSUES
Standard of review, 37:4-8
PARTS
See Appellate Division
PERFECTING APPEAL
Initial appeal, 20:4-1 Briefs and appendices, 20:4-1(c) Deposit for costs, 20:4-1(b) Transcripts, 20:4-1(a)
Subsequent appeals, 20:4-2
PETITION FOR CERTIFICATION
See also Certification
Contents of petition, 14:2-1(b) Cross-petition, 14:2-2 Deposit for costs, 14:2-1(e) Filing fees, 14:2-1(a) Grant or denial, 14:2-5 Notice of Petition, 14:2-1(a) Petition, 14:2-1(b) Petitioner’s reply brief, 14:2-1(d) Record on petition, 14:2-4 Respondent’s brief, 14:2-1(c) Simultaneous appeal, 14:2-3
Time for notice of petition, 14:2-1(a)
PLAIN ERROR
Issues raised by parties, 33:5-3(a) Issues raised by court, 33:5-3(b)
PLEADINGS
As issue preservation, 33:4-1(a)
PLEAS, PLEA BARGAINS
Standard of review, 37:2-2
As limit on appealability, 3:3-3
POST-CONVICTION RELIEF
Standard of review, 37:3-1
POST-DISPOSITION MATTERS
Further appeals, 29:2-4Release of criminal defendant, bail, 29:2
2 Remand, 29:2-3 Stays, 29:2-1
POST-JUDGMENT INTEREST
Entitlement, standard of review, 35:1-1
PRECEDENTIAL DECISIONS
See also Decisions
Generally, 28:4-1
PREEMPTION OF LAW
Standard of review, 35:1-1
PREJUDGMENT INTEREST
Standard of review, 36:2-5
PREROGATIVE WRITS, ACTIONS IN LIEU OF
Appellate Division, allocation, 2:2-1, 4:11, 9:1
PRESIDING JUDGES
See Appellate Division; Judges
PRETRIAL DETENTION APPEALS
Criminal Justice Reform Act, 37:1-5 Procedures, 11:6 Speedy trial 37:1-5
PRETRIAL INTERVENTION ORDERS
Appellate review, 8:3-1, 37:1-3(a) Stay pending appeal, 25:2-5(b)
PROBATE
Probate part, 1:3-1(a) Surrogate’s court, 1:3-1(c)
PROBATION
Revocation, standard of review, 37:4-10
PRO BONO PILOT PROGRAM
Generally, 32:4-5
PROCEDURAL HISTORY
Appellant’s briefs,
See Specific Subject Heading, e.g., Certification
Standard of review, 35:3-7
PROSECUTORIAL MISCONDUCT
Standard of review, 35:1-1, 37:2-3
PUBLIC AGENCIES
See Administrative Agencies
PUBLICATION
See Opinions
PUBLIC OFFICER OR AGENCY
See Administrative Agencies
Generally, 1:3-2(b) Time to appeal, 19:2-2(a)
QUASI-LEGISLATIVE ACTION
Generally, 1:3-2(a) Time to appeal, 19:2-2(b)
QUESTIONS OF LAW, CERTIFICATION OF
Limitations, 16:3 Pending in Third Circuit, 16:1 Procedures, 16:2
Supreme Court procedures, 16:2-2 Third Circuit procedures, 16:2-1
QUORUM
Appellate division, 7:2-2(c) Supreme Court, 12:3
R. RATIONALE
Does not control appeal, 2:4-2 Not independently appealable, 2:4-2
REAL PARTY IN INTEREST
Standing, 18:3-2
RECEIVERS, ORDERS APPOINTING
Appellate review, 8:3-4
RECONSIDERATION
See also Standards of Review
Availability of remedy, 29:1-1 Filing fee, 29:1-3(d) Generally, 29:1 Grounds for, 29:1-2 Motion for,
Fee, 29:1-3(d) Filing, 29:1-3(c) Oral argument, 29:1-3(e) Required and permitted papers, 29:1
3(b) Service, 29:1-3(c)
Time for motion, 29:1-3(a)
Procedures on grant of, Additional briefing, 29:1-4(c) Determination of appeal, 29:1-4(e) Grant of generally, 29:1-4(a) Oral argument, 29:1-4(d) Parties, 29:1-4(b)
Standard of review, 35:3-8
Tolling of time, By administrative agency, 19:5-2(b) By Appellate Division, 19:5-2(a) By trial courts, 19:5-3(c)
RECORD ON APPEAL
Correction of, Motion, 22:3-1 Tolling time for briefs, 22:3-2
Generally, 22:1-1 Inadequate record, 22:1-3 Items comprising, 22:1-2
Administrative record, 22:1-2(e) Exhibits, 22:1-3(c) Papers in appellate court, 22:1-2(d) Papers in lower tribunal, 22:1-2(a) Transcripts, 22:1-2(b)
Matters outside the record, Impropriety, 22:2-1 Motion to strike, 22:2-2 Sanctions, 22:2-3
On certification of appeal pending un
heard in Appellate Division, 14:4-3 On petition for certification, 14:2-4 Supplementation of,
Judicial notice, 22:4-3
Motion, 22:4-1 Governing rule, 22:4-1(a) Grounds, 22:4-1(c) Offer of proof, 22:4-1(d) Procedures, 22:4-1(b)
Original jurisdiction.22:4-2 Verbatim record, 22:5-1
RECUSAL
Standard of review, 35:1-1, 35:2-4
REFERENCES
See Citations
Applicability of, standard of review, 35:11 Constitutionality, standard of review, 35:1-1 Validity, standard of review, 35:1-1
REHEARING
See Reconsideration
Construction and relaxation of rules, Length of briefs,
Appeal of remand order, 29:2-3(c) Binding effect of instructions, 29:3-3(b) During appeal, 5:3-3 Generally, 29:2-3 Jurisdiction retained, 5:3-3(b) Original jurisdiction, in lieu of, 4:3-2, 4:3
3 Partial remand, 5:3-3(a) Scope of instructions, 29:2-3(a) Scope of resentencing, 11:2-2(d)
REMOVAL
Dismissal due to, 25:2-8
REPOSE
See Time
Standard of review, 36:1-9
RESPONDENTS
See also Appendices, Briefs
Appeals by, 19:4-2 Scope of arguments, 2:4-2(c)
RETIRED JUDGES
Recalled, 7:2-1(d)
RETROACTIVITY OF OPINION
Effect of retroactive application, 28:4
2(d) General rule, 28:4-2(a) “New rule” required, 28:4-2(b) Prospective or retroactive application,
28:4-2(c)
REVIEW, APPELLATE
See also Standards of Review
Jurisdiction, 4:2
RIGHT TO APPEAL
Generally, 2:2-1
RIGHT TO COUNSEL
See Assignment of Counsel, Indigents
RIPENESS
As limit on appealability 3:3-1,
RULE COMPLIANCE
Generally, 30:1
RULE RELAXATION
Generally, 30:3
S. SANCTIONS
Matters outside the record, 22:2-3
Rule violations, Authority for, 30:2-1 Range of sanctions, 30:2-2
Standard of review, 35:3-9
See Calendar
Standard of review, 35:1-1, 37:2-4
SCOPE OF APPEAL
Certification, 14:5 Dissent in Appellate Division, 13:3-2Substantial constitutional question, 13:2
2
See also Standards of Review
Discretionary appealsIssues not preserved below, 33:2-3(b)Issued preserved below, 33:2-3(a)
Exceptions to issue preservation rules,Issues of substantial public importance,
33:5-2 Jurisdictional issues, 33:5-1 Plain error,
Issued raised by parties, 33:5-3(a)
Issues raised by court, 33:5-3(b) Generally, 33:1 Interplay with right of appeal, 33:2 Issue preclusion,
Acquiescence, 33:3-6
Consent to ruling below, Consent orders, 33:3-3(c) Consent to judgment, 33:3-3(a) Exceptions, 33:3-7 Settled matters, 33:3-3(b)
Default judgments, 33:3-1Dismissals subject to reinstatement,
33:3-2 Generally, 33:3 Invited error, 33:3-5 Stipulations, 33:3-4
Issue preservation, Failure to preserve, 33:4-3 Issue raised on appeal, 33:4-2 Issue raised below,
Objections, 33:4-1(b) Pleadings and motions, 33:4-1(a)
SEARCH WARRANTS
Standard of review, 37:1-6
SECURITY
See Supersedeas Bond
SENIORITY
Appellate Division, 7:2-2(b) Supreme Court, 12:2-2(b), 12:3-2
SENTENCES
See also Standards of Review
Completion of, effect on appeal, 18:5-1(b) Illegal sentence, time to appeal, 19:1-4(b) Jurisdiction, 11:2-1 Original jurisdiction, 4:3-5
Reduction by trial court pending appeal,
11:2-2(c)Scope on remand, 11:2-2(d)State, appeals from sentences, 11:2-2(b)Standards of review, 37:4-2 Stay pending appeal, 25:2-5Substantive issues, 11:2-2
SERVICE
Electronic, 23:7-2 Notice of petition for certification, 14:21(a)
SETTLEMENT
As issue preclusion, 33:3-3(b)
SEVERANCE
Standard of review, 35:2-1
SEXUALLY VIOLENT PREDATOR ACT
Appellate review under, 11:3
SIGNATURES
Electronic filing, 20:2-3 On briefs, 23:2(i)
SPECIAL MASTER REPORT
Standard of review, 35:2-4
SPEEDY TRIAL
Standard of review, 37:1-5
STANDARDS OF REVIEW
See also Harmless Error, Plain Error, Scope of Review
Additur, 36:3-1(b) Adequacy of evidence before grand jury,
37:1-2(a) Adjournment, 35:3-1 Adjudication and rulemaking distin
guished, 38:1-2(a)
Adjudicative action,Consistency with law and policy, 38:2-4Imposition of penalties, 38:2-5Standard of review, 38:2-1 Substantial evidence rule, 38:2-2 Whether arbitrary, capricious or unrea
sonable, 38:2-3 Administrative standards of review, Adjudication and rulemaking distinguished, 38:1-2(a)
Adjudicative action,Consistency with law and policy, 38:24 Imposition of penalties, 38:2-5Standard of review, 38:2-1 Substantial evidence rule, 38:2-2 Whether arbitrary, capricious or unreasonable, 38:2-3
Alcohol Beverage Control Division, 38:4-1(a)Casino Control Commission, 38:4-1(b)
Deference to administrative agency, 38:1-1 Agency expertise, 38:1-1(b)Interpretation of statutes and regulations, 38:1-1(c)Purely legal questions, 38:1-1(d)Separation of powers, 38:1-1(a)
Generally, 38:1 Highly regulation industries, 38:4-1 Hybrid actions, 38:1-2(b) Parole Board, 38:4-2 Racing Commission, 38:4-1(c) Ratemaking, 38:4-3 Rulemaking,
Arbitrary and capricious standard, 38:3-3 Legality of delegated power, 38:3-1Scope of delegated power, 38:2
Admission or exclusion of evidence, 35:33(a)Alcohol Beverage Control Division, 38:4
1(a)Alimony, 36:4-3(d)Amendment of pleadings, 36:1-6Arbitration, 36:4-1 Alternate jurors, number of, 35:3-5(a)Award of attorneys’ fees and costs, 36:2-6Award of prejudgment interest, 36:2-5Bail forfeiture, 37:4-9 Brady issues, 37:1-8(a)Casino Control Commission, 38:4-1(b)Change of venue. 35:2-2Child support awards, 36:4-3(c)Choice of law, 36:1-7 Civil commitment, 36:4-2 Civil discovery, 36:1-5Class certification, 36:4-8 Competence to stand trial, 37:1-7Continuance, 35:3-1 Control of courtroom conduct, 35:3-2 Damages, 36:3-1
General damages, 36:3-1(a)
Punitive damages, 36:3-1(a)Death, appeal after appellant’s, 37:4-7Deference to administrative agency, 38:1
1 Agency expertise, 38:1-1(b) Interpretation of statutes and regula
tions, 38:1-1(c) Purely legal questions, 38:1-1(d) Separation of powers, 38:1-1(a)
Degrees of deference, 34:2-1De minimis, dismissal as, 37:1-2(e)Disclosures as to juvenile offenders, 37:4
4 Disclosure of informant, 37:1-8(b)Discovery,
Civil, 35:2-3 Criminal, 37:1-8
Dismissal, failure to state a claim, 36:1-2 Dismissal, forum non conveniens, 36:1-1 Dismissal, indictment or counts, 37:1-2 Disqualification of counsel, 35:2-5Equitable distribution, 36:4-3(b)Errors in charging document, 37:1-2(c)Evidence rulings, 35:3-3Family part appeals, 36:4-3Forfeiture of office, 37:3-3 Generally, 34:2Grand jury issues, 37:1-1Highly regulation industries, 38:4-1Hybrid actions, 38:1-2(b)Inadequacy of indictment, 37:1-2(b)Ineffective assistance of counsel, 37:3-2 Informant, disclosure of, 37:1-8(b)Injunctive relief, 36:4-4Intensive supervision program, 37:3-4Involuntary dismissal at trial, 36:2-1Involuntary dismissal due to rule viola
tions, 36:1-3 Judicial findings of fact, 35:1-2Joinder, 35:2-1 Judge’s comment on evidence, 35:3-4(b)Judgment of acquittal, 37:2-1Judgment notwithstanding the verdict,
36:3-2
Jury,Deliberations, rulings as to, 35:3-5(d)Interrogatories, 35:3-4(c)Generally, 35:3-5Selection, 35:3-5(a)Sequestration, 35:3-5(b)
Jury instructions,Civil, 36:2-3 Civil and criminal, 35:3-4 Criminal, 37:2-5 Limiting instructions on evidence, 35:3
3(b)
Jury verdicts, review of,Motion required, 35:4-1Standard of review, 35:4-2
Juveniles, waiver of jurisdiction, 37:1-4Juvenile delinquency appeals, 37:4-3Mistrial, 35:3-6 Mixed rulings of fact and law, 35:1-4Modification of judgment, 36:3-3(c)Motion for judgment, 36:2-2Multiple mistrials, dismissal after, 37:1
2(f)Municipal court matters, 37:4-5Municipal matters,
Interpretation of ordinances, 36:4-6(a)Review of municipal actions, 36:4-6(b)Review of municipal contracts, 36:4
6(c)New trial motions, 35:5 Novel scientific evidence, 37:2-4 Order of proof, 35:3-7 Original jurisdiction, 4:3-6Qualifications of juror, 35:3-5(a)Parole Board, 38:4-2 Parole determinations, 37:4-8 Pleas, plea bargains, 37:2-2
Acceptance or rejection of plea, 37:22(a)Acceptance or rejection of plea bargain, 37:2-2(b)
Plea withdrawal, 37:2-2(c)Polling jury, 35:3-5(e)Post-conviction relief, 37:3-1 Pretrial intervention program, 37:1-3Prosecutorial misconduct,
Before grand jury, 37:1-2(d)Generally, 37:2-3Prosecution elsewhere, dismissal due to,
37:1-2(g)Racing Commission, 38:4-1(c)Ratemaking, 38:4-3Readbacks to jury, 35:3-5(d)Reconsideration, 35:3-8 Recusal of trial judge, 35:2-4Relief from default judgment, 36:3-3(b)Relief from judgment, 36:3-3(a)Remittitur, 36:3-1(b)Removal or excusal or juror
During deliberations, 35:3-5(d)
During trial, 35:3-5(c)Response to jury questions, 35:3-5(d)Rulemaking,
Arbitrary and capricious standard, 38:33
Legality of delegated power, 38:3-1Rulings of law, 35:1-1Sanctions, 35:3-9 Search warrants, challenges, 37:1-6(a)Sentencing appeals, 37:4-2Severance, 35:2-1 Shareholder derivative suits, 36:4-9 Sources of review standards, 34:2-2 Speedy trial, 37:1-5Special verdicts, 36:2-4Standards applicable in both civil and
criminal cases, Mistrial, 35:3-6 Order of proof, 35:3-7 Pretrial matters,
Change of venue. 35:2-2Discovery, 35:2-3Disqualification of counsel, 35:2-5Joinder, 35:2-1 Recusal of trial judge, 35:2-4Severance, 35:2-1 Statute of limitations, 35:2-6
Reconsideration, 35:3-8 Sanctions, 35:3-9 Special masters, 35:6 Stay pending appeal, 35:3-10
Time for arguments by counsel, 35:3-11
Trial matters, Adjournment, 35:3-1Admission or exclusion of evidence, 35:3-3(a)Alternate jurors, number of, 35:3-5(a)Continuance, 35:3-1 Control of courtroom conduct, 35:3-2 Deliberations, rulings as to, 35:3-5(d)Evidence rulings, 35:3-3Judge’s comment on evidence, 35:34(b)Jury instructions, 35:3-4Jury interrogatories, 35:3-4(c)Jury matters, 35:3-5Jury selection, 35:3-5(a)Limiting instructions on evidence,35:3-3(b)Qualifications of juror, 35:3-5(a)Polling jury, 35:3-5(e)Readbacks to jury, 35:3-5(d)Removal or excusal of juror during deliberations, 35:3-5(d)Removal or excusal of juror during trial, 35:3-5(c)Response to jury questions, 35:3-5(d)Sequestration of jurors, 35:3-5(b)Verdict sheet, 35:3-4(c)Voir dire, 35:3-5(a)
Witnesses, Calling and examination by court, 35:3-12(c)Calling and examination by parties, 35:3-12(b)Competence, 35:3-12(a)Sequestration, 35:3-12(d)
Standards applicable in civil cases only,Alimony, 36:4-3(d)Arbitration, 36:4-1 Child support awards, 36:4-3(c)Civil commitment, 36:4-2 Class certification, 36:4-8 Equitable distribution, 36:4-3(b)Family part appeals, 36:4-3Injunctive relief, 36:4-4Municipal matters,
Interpretation of ordinances, 36:4-6(a) Review of municipal actions, 36:46(b) Review of municipal contracts, 36:46(c)
Pretrial matters, Amendment of pleadings, 36:1-6 Choice of law, 36:1-7 Civil discovery, 36:1-5 Dismissal, failure to state a claim, 36:1-2 Dismissal, forum non conveniens, 36:1-1
Involuntary dismissal due to rule violations, 36:1-3 Stay pending proceedings elsewhere, 36:1-8 Summary judgment, 36:1-4
Shareholder derivative suits, 36:4-9 Tax court appeals, 36:4-5 Tort claims act late notice, 36:4-7 Trial matters,
Award of attorneys’ fees and costs,36:2-6 Award of prejudgment interest, 36:2-5Involuntary dismissal, 36:2-1Jury instructions, 36:2-3Motion for judgment, 36:2-2Special verdicts, 36:2-4
Post-trial matters, Additur, 36:3-1(b)Damages, 36:3-1General damages, 36:3-1(a)Judgment notwithstanding the verdict, 36:3-2 Modification of judgment, 36:3-3(c)Punitive damages, 36:3-1(a)Relief from judgment, 36:3-3(a)Relief from default judgment, 36:33(b)Remittitur, 36:3-1(b)
Standards applicable in criminal casesonly,Bail forfeiture, 37:4-9 Death, appeal after appellant’s, 37:4-7Disclosures as to juvenile offenders,
37:4-4 Juvenile delinquency appeals, 37:4-3Municipal court matters, 37:4-5Parole determinations, 37:4-8 Pretrial matters,
Adequacy of evidence before grand jury, 37:1-2(a) Brady issues, 37:1-8(a) Competence to stand trial, 37:1-7 De minimis, dismissal as, 37:1-2(e) Disclosure of informant, 37:1-8(b) Discovery issues, 37:1-8 Dismissal of indictment or counts, 37:1-2 Drug court, 37:1-3(b) Errors in charging document, 37:12(c) Grand jury issues, 37:1-1 Inadequacy of indictment, 37:1-2(b) Informant, disclosure of, 37:1-8(b) Juveniles, waiver of jurisdiction, 37:14 Multiple mistrials, dismissal after, 37:1-2(f) Pretrial intervention program, 37:13(a)
Prosecutorial misconduct before grand jury, 37:1-2(d) Prosecution elsewhere, dismissal due to, 37:1-2(g) Search warrants, challenges, 37:1-6(a) Speedy trial, 37:1-5 Warrantless searches, suppression of evidence, 37:1-6(b)
Trial matters, Acceptance or rejection of plea, 37:22(a)Acceptance or rejection of plea bargain, 37:2-2(b)Judgment of acquittal, 37:2-1Jury instructions, 37:2-5 Novel scientific evidence, 37:2-4 Pleas, plea bargains, 37:2-2 Plea withdrawal, 37:2-2(c)Prosecutorial misconduct, 37:2-3
Post-trial matters, Forfeiture of office, 37:3-3 Ineffective assistance of counsel, 37:32 Intensive supervision program, 37:3-4Post-conviction relief, 37:3-1
Sentencing appeals, 37:4-2Summary contempt, conviction for,
37:4-1 Statute of limitations, 35:2-6 Stay pending appeal, 35:3-10 Stay pending proceedings elsewhere,
36:1-8 Summary contempt, conviction for, 37:4
1 Summary judgment, 36:1-4Tax court appeals, 36:4-5 Time for arguments by counsel, 35:3-11Tort claims act late notice, 36:4-7 Verdict sheet, 35:3-4(c)Voir dire, 35:3-5(a)Warrantless searches, suppression of evi
dence, 37:1-6(b)What standards of review are not, 34:2-3 Witnesses, calling and examination,
By court, 35:3-12(c)
By parties, 35:3-12(b) Witnesses, competence, 35:3-12(a) Witnesses, sequestration, 35:3-12(d)
STANDING
Administrative appeals, 9:4-1 As limit on appealability, 3:3-5 Criminal appeals,
By defendants, 18:5-1 By the State, 18:5-2 Generally, 18:2-2
Generally, 18:2 Stake in appeal, 18:2-1 Standard of review, 35:1-1
Authorized appeals, 18:5-2(b)Cross-appeals by, in criminal cases, 18:52(c)Double jeopardy concerns, 18:5-2(a)
STATE AGENCIES
See Administrative Agencies
STATE POLICE GUN PERMITS
Excluded from exclusive Appellate Division jurisdiction, 9:2-2(a)
STATEMENTS BY COUNSEL, TIME
Standard of review, 35:3-11
STATEMENT OF FACT OR LAW
Duty of counsel as to accuracy, 6:5-1
STATEMENT OF PROCEEDINGS
In lieu of transcript, 22:1-2(b)
STATUTES
Appeals involving, notice to attorney gen
eral, 20:2-2(b), 20:3-2(c) Applicability, standard of review, 35:1-1As source of appellate jurisdiction, 4:1-2Constitutionality, standard of review,
35:1-1 Interpretation, standard of review, 35:1-1
STATUTORY AGENTS
Appeals to Appellate Division, 8:2-2
STAYS
After appeal, Bankruptcy, 25:2-7 Emergent matters, 25:2-6 Pending appeal,
Administrative appeals, 25:2-4
Civil appeals,Conditions of stay, 25:2-2(c), (d)Effect on interest, 25:2-2(e)Entitlement, 25:2-2(a)Review of grant or denial, 25:2-2(f)Supersedeas bond, 25:2-2(c)Where sought, 25:2-2(b)
Contempts, 25:2-3
Criminal appeals, By defendant, 25:2-5(a) By State, 25:2-2(b)
Procedures, Form of motion, 25:2-1(c) Time for, 25:2-1(b) Where sought, 25:2-1(a)
Pending motion for leave to appeal to Ap
pellate Division, 10:3-3 Removal, cause for, 25:2-8 Standard of review, 35:3-10, 36:1-8 Statutory stays, 25:2-5(b)
STENOGRAPHIC RECORD
See Transcripts
As issue preclusion, 33:3-4
SUBJECT MATTER JURISDICTION
Generally, 3:2-2
SUMMARY CONTEMPT PROCEEDINGS
Appeals to Appellate Division, 8:2-4
SUMMARY CONTEMPT
Standard of review, 35:1-1, 37:4-1
SUMMARY DISPOSITION
See also Disposition of Appeals
Appellate Division, By court sua sponte, 27:3-2(d) Contents of motion, 27:3-2(b) Filing and service, 27:3-2(c) Time, 27:3-2(a)
Filing and service, Appellate Division, 27:3-2(c) Supreme Court, 27:3-3(c)
Grounds, 27:3-1
Motion for, Appellate Division, 10:3-5, 27:3-2(b)Supreme Court, 27:3-3(b)
Sua sponte by court, Appellate Division, 27:3-2(d) Supreme Court, 27:3-3(d)
Supreme Court, By Court sua sponte, 27:3-3(d) Contents of motion, 27:3-3(b) Filing and service, 27:3-3(c) Time, 27:3-3(a)
Time for, Appellate Division, 10:3-5, 27:3-2(a)Supreme Court, 27:3-3(a)
SUMMARY JUDGMENT
Entry of, as final order, 2:3-1(b)(3) Standard of review, 36:1-4
SUPERSEDEAS BOND
Appellants excepted, 25:2-2(c) Control by trial court, 5:3-2(b) Generally, 25:2-2(c)
SUPREME COURT
See also Copies
Appeals as of rightAs provided by law, 13:5Dissents in Appellate Division, 13:3Jurisdiction, 13:1 Procedures, 13:6 Substantial constitutional questions,
13:2
Certification, Contents of petition, 14:2-1(b) Cross-petition, 14:2-2 Deposit for costs, 14:2-1(e) Filing fees, 14:2-1(a)
Grant or denial, 14:2-5 Notice of Petition, 14:2-1(a) Petition, 14:2-1(b) Petitioner’s reply brief, 14:2-1(d) Record on petition, 14:2-4 Respondent’s brief, 14:2-1(c) Simultaneous appeal, 14:2-3 Time for notice of petition, 14:2-1(a)
Chief Justice, 12:2-2 Composition, 12:2 Death penalty cases,
Generally, 17:1
Historical note, 17:2 Emergent relief, 25:4-3(c) Generally, 1:2-2 Jurisdiction,
Review, 4:2-2
Justices Chief Justice, 12:2-2 Selection, 12:2-1 Temporary assignments, 12:3-2
Motions, Disposition, 24:3-2 Generally, 24:2
Oral argument Argument procedures, 26:3-5(c) Obtaining oral argument, 26:3-2(b) Procedures following argument, 26:3
5(d) Right to argument, 26:3-1(b) Scheduling, adjournments, 26:3-5(a) Who hears argument, 26:3-5(b)
Other powers of, 12:1-2
Questions of law, Certification of, 16:1 Limitations, 16:3 Pending in Third Circuit, 16:1 Procedures, 16:2
Supreme Court procedures, 16:2-2
Third Circuit procedures, 16:2-1 Quorum, 12:3-1 Place of sitting, 12:4 Practice of law, control over, 12:1-2(b) Role in appeals, 12:1 Rulemaking power, 12:1-2(a) Temporary assignments, 12:3-2 Under 1947 Constitution, 12:1-1
SURROGATE’S COURT
Generally, 1:3-1(c)
T. TAX COURT
Appeals to Appellate Division, 8:2-3 Excluded from exclusive Appellate Division jurisdiction, 9:2-2(a) Generally, 1:3-1(b)
Appeal issues, 33:6
THIRD CIRCUIT COURT OF APPEALS
Questions of law pending in, certification of Limitations, 16:3 Pending in Third Circuit, 16:1Procedures, 16:2
Supreme Court procedures, 16:2-2 Third Circuit procedures, 16:2-1
TIME
See also specific subject headings
Acceleration of, 19:7 Appeals by respondents, 19:4-2Appeals from administrative agencies,
Final appeals,Adjudicative actions, 19:2-2(a)Extensions, 19:6-1(a)Generally, 19:2-1Quasi-judicial appeals, 19:2-2(a)Quasi-legislative appeals, 19:2-2(b)Rulemaking, 19:2-2(b)
Interlocutory appeals, Extensions, 19:6-1(b) Generally, 19:3
Appeals from judicial action, Extensions, 19:6-1(a) Interlocutory appeals,
Extensions, 19:6-1(b) Generally, 19:3
Final actions, Calculation of time, 19:1-3 Extensions, 19:6-1(b)Generally, 19:1-1Repose, 19:1-2When time begins to run, 19:1-3
Appendices, 23:7-1 Briefs, 23:7-1 Case information statement, 20:2-1(b) Cross-appeals,
Extensions, 19:6-2 Generally, 19:4-1, 21:3 Opposition papers, 21:4-2
Cross-petition for certification, 14:2-2Deposit for costs, 20:4-1(b)Direct certification, motion for, 14:4-2 Extensions of time
Cross-appeals, 19:6-2 Final appeals, 19:6-1(a) Grounds for, 19:6-1(c) Indigent defendants, 19:6-5 Interlocutory appeals, 19:6-1(b) Limitations on, 19:4 Procedures,
Motion for, 19:6-3(a) Sua sponte, 19:6-3(b)
Fees, applications for, 31:2-4Indigent defendants, extension of, 19:6-5Interlocutory appeals, 19:3, 20:2-2Leave to appeal,
Appellate Division, 10:3-1Supreme Court, 15:2Motion for certification of appeal pending unheard in Appellate Division, 14:4-2Motion for leave to appeal to Appellate
Division, 10:3-1(b)Motions, generally, 24:2-1Notice of appeal as within time, 19:1-4(d)Notice of petition for certification, 14:2
1(a)(1)Oral argument, request for, 26:3-1(a)Petition for certification,
Deposit for costs, 14:2-1(e) Filing of, 14:2-1(b)(1) Petitioner’s reply brief, 14:2-1(d) Response to, 14:2-1(c)
Questions of law to Supreme Court, 16:2
2 Reconsideration, motion for, 29:1-3 Relief from fees and costs, review of deni
al, 32:2-4Repose, doctrine of, 19:1-2Respondents, appeals by 19:4-2Statement in lieu of proceedings, 22:1
2(b)Statement of materials comprising the
record, 22:1-2(e)Stay, motion for, 25:2-1(b)Tolling of time,
Death or disability, Attorney, 19:5-1(c) Insanity of defendant, 19:5-1(b) Party, 19:5-1(a)
Insanity of defendant, 19:5-1(b)
Motions to trial court, Civil cases, 19:5-3(b) Criminal cases, 19:5-3(a) Reconsideration, 19:5-3(c)
Prerequisite of timely filing, 19:4
Reconsideration motions, By administrative agency, 19:5-2(b)By Appellate Division, 19:5-2(a)By trial courts, 19:5-3(c)
Summary disposition, motion for, 27:3-2
Transcript, filing of,Appellate Division, 23:7-2(a)Supreme Court, 23:7-2(b)
Triggering events, Appeals from administrative agencies,
19:2 Appeals from judicial actions, 19:1When time begins to runAppeals from administrative agencies, 19:2-1
Appeals from judicial actions Certification, petitions for, 19:1-3
Civil appeals from trial courts, 19:1
3(a) Correction of clerical errors, 19:1-4(a) Correction of illegal sentences, 19:1
4(b) Criminal appeals from trial courts,
19:3-1(b) From Appellate Division, 19:1-3(d) Judgments terminating parental rights,
19:1-3(c)
TOLLING
See also Time
Death or disability, Attorney, 19:5-1(c) Insanity of defendant, 19:5-1(b) Party, 19:5-1(a)
Insanity of defendant, 19:5-1(b)
Motions to trial court, Civil cases, 19:5-3(b) Criminal cases, 19:5-3(a) Reconsideration, 19:5-3(c)
Prerequisite of timely filing, 19:4
Reconsideration motions, By administrative agency, 19:5-2(b) By Appellate Division, 19:5-2(a) By trial courts, 19:5-3(c)
TORT CLAIMS ACT
Late notice of claim, appellate review, 8:3-7 Standard of review, 35:1-1
TRANSCRIPTS
Application for free transcripts, Administrative appeals, 32:4-3 Civil appeals, 32:4-3 Criminal appeals, 32:4-2 Eligibility generally, 32:4-1 Where counsel not appointed, 32:4-4
Order form, with notice of appeal, 20:2
1(a) Ordering, 20:4-1(a) Record on appeal, 22:1-2(b) Statute setting fees, 20:4-1
TRANSFER OF ACTIONS
Where filed in wrong court, 9:2-3
TREASURY PURCHASING
Deference due to decisions, 38:4-4
TRIAL COURTS
Appellate Division, appeals of right to,
8:2 Chancery Division, 1:3-1(a)(1) Control over matters by, 5:3 Judges sitting as statutory agents, 8:2-2 Law Division, 1:3-1(a)(2) Municipal courts, 1:3-1(d) Surrogate’s Court, 1:3-1(c)
Tax Court, 1:3-1(b)
TRIGGERING EVENT
See Time
Notice to federal officials of appeal, 20:21(a), 20:3-1(c)
UNPUBLISHED OPINIONS
Citation of, 23:6-2
Effect of, 28:4-1(a)
V. VENUE, CHANGE OF
Standard of review, 35:2-2
VERDICT, REVIEW OF JURY
Standard of review, 35:4
Standard of review, 36:2-4
VOLUNTARY DISMISSAL
By appellant ex parte, 27:2-2(a)
W. WAGE COLLECTION MATTERS
Excluded from exclusive Appellate Division jurisdiction, 9:2-2(a)
WAIVER
By criminal defendant, 18:5-1(d) By failure to preserve, 14:2-1(a),20:2
1(a), 33:3, 33:4 Of payment of fees, 20:2-1(a) Of right to appeal, 2:2-1, 5:2-1 Personal jurisdiction, 3:2-1
WITNESS ISSUES, REVIEW OF
Calling by court, 35:3-12(c) Calling by parties, 35:3-12(b) Competence, 35:3-12(a) Sequestration, 35:3:12(d)
WORKERS’ COMPENSATION
Rule as to finality, 2:3-1(b)(5)
Cart 0 product
Preview This Product Online
