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2019 NJ Appellate Practice - Annotated
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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)
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