What is the "time to file an appeal" in New Jersey!?! If handling an appeal in New Jersey, it is critical that you comply with appellate time limits. If you fail to meet an appellate time limit that is jurisdictional, your appeal will likely be dismissed. If your time limit is not jurisdictional, you instead may face sanctions.
A detailed analysis of appellate time limits, including commentary and case law, can be found in Chapter 19 of New Jersey Appellate Practice (Gann 2012), www.gannlaw.com.
While all time limits can be set forth in one chapter of a book, not all appellate time limits can be set forth on one web page. Below are some that you may wish to keep in mind.
You have only 5 days to: file an opposition to a motion for certification of an appeal unheard in the Appellate Division.
You have only 10 days to: file a notice of cross-motion for leave to file an interlocutory appeal; file an opposition to a motion filed in the Appellate Division or Supreme Court; although subject to exceptions, file a reply brief to a merits brief filed in the Appellate Division or Supreme Court; and file a motion for attorneys' fees.
You have only 15 days to: file a notice of cross-appeal from (depending upon the rule, receipt of or the filing of) a notice of appeal; file a notice of appeal against a non-party to appeal from a notice of appeal; and file a case information statement from a notice of appeal.
You have only 20 days to: file a motion for leave to file an interlocutory appeal; file a notice of petition for certification; and file a notice of appeal in the Law Division.
You have only 30 days to: deposit costs for the appeal; and, although subject to exceptions, to file responding brief.
You have only 45 days to: file an appeal, which requires the filing of several documents as well as filing fees; and, although subject to exceptions, file the initial merits brief.
As with any court rule or practice, the information above is subject to change and subject to exceptions. Some exceptions are based on general appellate practice and some are based on court rules. If you do not regularly handle appeals and you do not own the current version of New Jersey Appellate Practice, please be careful to avoid a dismissal or sanctions. I keep up to date on appeals for my legal practice by reading appellate cases daily, reading the Notices to the Bar, and by being a member of the State Bar Appellate Practice Committee. Before relying on the information on this web page, please review my Disclaimer.
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