See also Time

ACQUIESCENCE

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

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

“One case, one appeal,” 2:2-2 Right to, 2:2-1

APPEALABILITY

Finality required, 2:3 Generally, 2:1 Limits on,

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)

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,

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

ARREST OF JUDGMENT

Tolling of time, 19:5-3(a)

AS-OF-RIGHT APPEALS

Appellate Division

Procedures, 8:6 Final judgment required, 2:3-1 Pretrial detemtion, 11:6 Scope of review

Supreme Court As provided by law, 13:5 Dissents in Appellate Division, 13:3 Jurisdiction, 13:1 Procedures, 13:6 Substantial constitutional questions,

ASSIGNMENT OF COUNSEL

Application for counsel on appeal Duties of trial counsel, 32:3-4 Entitlement,

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

B. BAIL, FORFEITURE

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

BANKRUPTCY

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

CANDOR TO THE TRIBUNAL

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

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

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,

CHOICE OF LAW

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

CONCURRING JUDGES

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

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

By leave granted, 21:4-2 Supreme Court, 21:2-2 Time, 19:4-1, 21:3

CROSS-PETITIONS

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

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,

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

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

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,

DRUG COURT PROGRAM

Admission interlocutory, 2:3-1 Appellate review, 37:1-3(b) Stay provisions, 25:2-5(b)

DUTY, EXISTENCE OF

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

EXHAUSTION OF ADMINISTRATIVE REMEDIES

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

FEES, FILING

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

FINAL 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

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)

FINDINGS OF FACT, REVIEW OF

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

Binding, 23:1-2(a) Characters per line, 23:1-2(c) Covers,

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

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)

INTERLOCUTORY APPEAL

Appellate Division, interlocutory appeals to Case information statement, 20:2-2(b) Fees, 20:202(c) Filing, 20:2-3 Jurisdiction, 10:1

Service, 20:2-3(c) Supreme Court, interlocutory appeals to From interlocutory appeals pending in

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)

INTERVENTION PROGRAMS

Standard of review, 37:1-3

INVITED ERROR

As issue preclusion, 33:3-5

ISSUE PRECLUSION AND PRESERVATION

Exceptions to issue preservation rules, Issues of substantial public importance,

Issue preclusion, Acquiescence, 33:3-6 Consent to ruling below,

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,

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

JUDGMENTS

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

JUDICIAL NOTICE

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

LAW, REVIEW OF

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

LOCAL AGENCIES

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

Amicus curiae, leave to participate, 18:42

Appeal, leave to Appellate Division, 14:4 Supreme Court, 15:1-2

Appointment of counsel on appeal,

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,

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)

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

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

Service, 24:2-3(b) Supplementation of record, 22:4-1 Time, 24:2-1

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,

N. NEW TRIAL

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

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)

NOTICE OF APPEAL

To Appellate Division, 20:2-1(a) To Supreme Court, 20:3-1(a)

NOTICE OF PETITION

See Certification

O. OBJECTIONS

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

ORIGINAL JURISDICTION

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

POLITICAL QUESTIONS

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

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

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

PROBATION

Revocation, standard of review, 37:4-10

PRO BONO PILOT PROGRAM

Generally, 32:4-5

PROCEDURAL HISTORY

Appellant’s briefs,

PROCEDURES

PROOF, ORDER OF

Standard of review, 35:3-7

PROSECUTORIAL MISCONDUCT

Standard of review, 35:1-1, 37:2-3

PUBLIC AGENCIES

PUBLICATION

PUBLIC OFFICER OR AGENCY

Q. QUASI-JUDICIAL ACTION

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

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

Availability of remedy, 29:1-1 Filing fee, 29:1-3(d) Generally, 29:1 Grounds for, 29:1-2 Motion for,

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

REGULATIONS

Applicability of, standard of review, 35:11 Constitutionality, standard of review, 35:1-1 Validity, standard of review, 35:1-1

REHEARING

See Reconsideration

RELAXATION OF RULES

Construction and relaxation of rules, Length of briefs,

REMAND

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

RES JUDICATA

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

SCHEDULE OF CASES

SCIENTIFIC EVIDENCE

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

SCOPE 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,

Issues raised by court, 33:5-3(b) Generally, 33:1 Interplay with right of appeal, 33:2 Issue preclusion,

Issue preservation, Failure to preserve, 33:4-3 Issue raised on appeal, 33:4-2 Issue raised below,

SEARCH WARRANTS

Standard of review, 37:1-6

SECURITY

SENIORITY

Appellate Division, 7:2-2(b) Supreme Court, 12:2-2(b), 12:3-2

SENTENCES

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

Additur, 36:3-1(b) Adequacy of evidence before grand jury,

37:1-2(a) Adjournment, 35:3-1 Adjudication and rulemaking distin

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)

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

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 trial, 35:3-5(c)Response to jury questions, 35:3-5(d)Rulemaking,

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

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,

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

STATE, APPEALS BY

Authorized appeals, 18:5-2(b)Cross-appeals by, in criminal cases, 18:52(c)Double jeopardy concerns, 18:5-2(a)

STATE 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

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,

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

STIPULATION

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

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

Appeals as of rightAs provided by law, 13:5Dissents in Appellate Division, 13:3Jurisdiction, 13:1 Procedures, 13:6 Substantial constitutional questions,

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)

TERMINATION OF PARENTAL RIGHTS

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,

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,

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

TOLLING

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

U. UNITED STATES

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

VERDICT, SPECIAL

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)