Your source for a New Jersey appeal and appellate practice by New Jersey appeal lawyer Jeff Mandel (author, New Jersey Appellate Practice)
Email Jeff Mandel at lawyer@njappeal.com to inquire about a New Jersey appeal lawyer. Nothing on this website is meant to be legal advice and no legal advice will be given absent a signed retainer agreement. The content is for informational purposes only. There is a lot more to a New Jersey appeal than what you see here- and court rules that must be followed. If seeking a New Jersey appeal attorney or a New Jersey appeal law firm, contact the Appellate Practice Group at the Law Offices of Jeffrey S. Mandel LLC at lawyer@njappeal.com.
New Jersey Appeals
New Jersey appeal:
Jeff Mandel's book from last year
(New Jersey Appellate Practice)
New Jersey appeal:
Jeff Mandel's book from prior year
(New Jersey Appellate Practice)
An emergent appeal (called an emergency appeal in some jurisdictions) is an appeal to the Appellate Division or the Supreme Court of New Jersey that, due to exigent circumstances, cannot await the ordinary appellate route. Emergent appeals are those that would be moot by the time the court decided an appeal as of right or an interlocutory appeal.
As a rule of thumb, emergent relief is available only if "immediate and irreparable harm will result if the application is not entertained" without further delay. "Harm is generally considered irreparable in equity if it cannot be redressed adequately by monetary damages." Mandel, New Jersey Appellate Practice, chapter 25:4-2 (Gann 2011) (citation omitted).
Be forewarned, if your own delay creates the urgency, the court will deny emergent relief. A request for the court to entertain an emergent appeal is usually made within hours, or one day, of obtaining the order that you seek to appeal on an emergent basis.