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
APPELLATE DIVISION - NOTICE TO THE BAR
Oral Argument in the Appellate Division
Rule 2:11-1(b) provides that appeals in the Appellate Division shall be submitted without oral argument unless argument is requested within 14 days after service of the respondent's brief or is so ordered by the court. Timely requests must be made by way of a separate captioned paper filed with the Clerk's office.
An attorney not requesting oral argument, relying on the request of another, will forego, except by way of a motion, the opportunity to later request argument in the event the other attorney withdraws the request.
In scheduling appeals for oral argument, the Clerk's office takes into account attorneys' vacation plans and other conflicts which the Clerk's office has been apprised of prior to scheduling. To that end, it is necessary that attorneys inform and update the Clerk's office of any such plans or conflicts in any appeal in which oral argument has been requested.
Unless the Clerk's office has been kept apprised of an attorney's vacation plans or other conflict, the court will not adjourn an appeal scheduled for oral argument for such reason. In the event of such a conflict, the court will consider, on notice to all parties, an application by the attorney who requested oral argument to have the case submitted for determination on the briefs.
Sylvia B. Pressler
Presiding Judge for Administration Appellate Division
Dated: October 25, 2000
APPELLATE DIVISION - NOTICE TO THE BAR
Brief and Appendix Deficiencies in the Appellate Division
The Appellate Division Clerk's office will be continuing its review of merits briefs and appendices for compliance with the Court Rules. If deficiencies are found, the brief and appendix will not be filed and the attorney will be notified to correct the deficiencies. If any one of the following nine deficiencies is not corrected within ten days of notification, the appeal will be subject to dismissal if the deficiency is by the appellant, or the brief subject to suppression if by the respondent:
1. No separate procedural history with references to the appendix. R. 2:6-2, R. 2:6-4.
2.No separate statement of facts (optional for respondent) with references to the appendix and transcript. R. 2:6-2, R. 2:6-4.
3. No chronological listing in the appellant's brief of the dates of the various volumes of the transcript and their numbered designations (i.e., 1T, 2T, etc.) and/or transcript references (in any brief) which do not include the numbered designations.
4. Pages of the brief contain more than 26 double-spaced lines, more than 65 characters (including spaces) per line and/or type of less than 10-pitch or 12-point. R. 2:6-10. (Many computers come with a default font which does not comply with the rule.)
5. No table of contents to the appendix listing each document, with attachments separately identified. R. 2:6-1. (Each volume of a separately bound appendix must be prefaced with the table of contents.)
6. Principal pleadings missing from the appendix. R. 2:6-1.
7. Each page of the appendix not numbered consecutively. R. 2:6-1.
8. Brief or appendix illegible. R. 2:6-10.
9. Brief or appendix improperly bound or stapled. R. 2:6-10.
Failure to include adequate references in the procedural history or statement of facts maybe cause for dismissal of the appeal or suppression of the brief whenever discovered, even if after scheduling of the appeal for oral argument or submission without argument.
Sylvia B. Pressler
Presiding Judge for Administration
Dated: October 25, 2000
APPELLATE DIVISION - NOTICE TO THE BAR
Appellate Division Inclement Weather Closings
During the months of November through March, when traveling conditions may be hazardous because of bad weather, counsel may be in doubt as to whether the Appellate Division will sit as scheduled. For reports concerning cancellation of Appellate Division sittings, please listen to the following radio stations:
Philadelphia: KYW 1060 AM
Princeton: WHWH 1350 AM
Trenton/SouthernNJ: WKXW 101.5/97.3 FM
Dumont: WJUX 103.1 FM
If you do not hear a cancellation notice, please report to court at the appropriate time and place. As a last resort, you can call the Clerk's office (609-633-7079) and, if someone has been able to get there, you will be provided with whatever information is available.
James M. Flynn
Clerk, Appellate Division
Dated: October 25, 2000
New Jersey appeal:
Jeff Mandel's book from last year
(New Jersey Appellate Practice)