Fillable Appeal-packet How to Appeal a Decision of a Municipal Court

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Appeal-packet How to Appeal a Decision of a Municipal Court

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Revised 11/2014, CN 10559 (How to Appeal a Decision of a Municipal Court) page 1 of 8
Municipal Court Services
How to Appeal a Decision of a Municipal Court
Updated November 2014
How to Appeal a Decision of a Municipal Court
Who Should Use This Packet?
If you have been found guilty and have been sentenced by a
Municipal Court judge and you want to appeal,
then this packet will show you how. Some reasons to file an appeal are:
• You believe the facts do not support the judge’s decision; or
• You believe the judge’s decision does not follow the law.
Important Points to Remember:
The Municipal Court must
receive your Notice of Municipal Court Appeal form within 20 days (including
weekends and holidays) from the date you were found guilty (see S
teps 1 and 3 on page 3).
There is a
$100 filing fee plus a transcript fee which you must pay in advance. Both of these fees are non-
refundable (see Steps 2 and 6).
If you were represented by a court appointed attorney in your Municipal Court proceeding, p
lease consult with
that person prior to filing your appeal. The assigned counsel can help you file your appeal.
Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-
represented litigants. The guides, instructions, and forms will be periodically updated as necessary to reflect current
New Jersey statutes and court rules. The most recent version of the forms will be available at the county courthouse,
your local Municipal Court or on the Judiciary’s Internet site njcourts.gov
. However, you are ultimately responsible for
the content of your appeal.
How to Appeal a Decision of a Municipal Court
Revised 11/2014, CN 10559 (How to Appeal a Decision of a Municipal Court) page 2 of 8
Things to Think About Before You Represent Yourself in Court
Decide Whether to Get a Lawyer
The court system is often complicated and
confusing. As a result, you may wish to consult
with a lawyer before deciding whether to represent
yourself in court. If you cannot afford a lawyer or
do not know how to go about finding a lawyer, you
can:
• Call the New Jersey Attorney Referral Office in
your county; or
• Ask any of the State or County Bar Associations
for the names of lawyers who may be able to
represent you at a reduced price.
Note: If you believe you qualify for a court-appointed
lawyer, ask the court staff at either the Municipal or
Superior Court for more information. The court staff can
give you the forms needed to apply for a court-appointed
lawyer.
What You Should Expect If You Represent
Yourself
While you have the right to represent yourself in
court, you should not expect special treatment, help
or attention from the court. The following is a list
of some things court staff can and cannot do for
you. Please read it carefully before asking court
staff for help.
We can explain and answer questions about how the
court works.
• We can tell you what the requirements are to
have your case considered by the court.
• We can give you some information from your
case file.
• We can provide you with samples of court
forms that are available.
• We can usually answer general questions about
court deadlines.
• We cannot give you legal advice. Only your
lawyer can give you legal advice.
• We cannot tell you whether or not you should
bring your case to court.
• We cannot give you an opinion about what will
happen if you bring your case to court.
• We cannot recommend a lawyer, but we can
provide you with the telephone number of a
local lawyer referral service.
• We cannot talk to the judge for you about what
will happen in your case.
• We cannot let you talk to the judge outside of
court.
• We cannot change an order issued by a judge.
Court Rules About Municipal Court Appeals
You can get additional information on how to file a Municipal Court appeal by looking up Rule 3:23 in the
Rules Governing the Courts of the State of New Jersey. Although this packet will walk you through the
appeal process, you should consider reading this rule if you decide to file your own Municipal Court appeal.
A copy of the rule book is available at the State Library in Trenton, law libraries, and at many of the county
and municipal public libraries located throughout the State.
Checklist
Please feel free to use this Checklist as you complete each of the six steps discussed in the following section.
Please pay close attention to the time frames indicated in each Step.
Complete Form A (Notice of Municipal Court Appeal) – See STEP 1
Complete Form B (Transcript Request – Municipal Court) – See STEP 2
Contact the Municipal Court to determine what the estimated cost of the Transcript will be – See STEP 2
After completing Form B (Transcript Request – Municipal Court), take it to the Municipal Court to order the correct
number of transcripts. Please remember to bring/enclose a check to pay for the transcript – See STEP 2
Mail or deliver Form A (Notice of Municipal Court Appeal) to the Municipal Court – See STEP 3
Mail or deliver a copy of Form A (Notice of Municipal Court Appeal) to the Prosecuting Attorney(s) – See STEP 4
Complete Form C (Certification of Timely Filing) – See STEP 5
Mail or deliver a copy of Form A and the completed Form C, along with the $100 filing fee, to the Criminal Division
Manager at the Superior Court – See STEP 6
How to Appeal a Decision of a Municipal Court
Revised 11/2014, CN 10559 (How to Appeal a Decision of a Municipal Court) page 3 of 8
6 Steps for Filing an Appeal
STEP 1: Fill out Form A - Notice of Municipal Court
Appeal
STEP 2: Fill out Form B - Transcript Request
Municipal Court
As part of the appeal process, you must order an original
and a copy of the written record, also called a transcript,
of your Municipal Court hearing. To order these
transcripts, you must fill out Form B - Transcript
Request-Municipal Court and mail or deliver it to the
Municipal Court where your hearing took place.
Note: You will have to pay for the transcript in advance.
This non-refundable fee depends on the length of your trial.
Before you send or deliver the Transcript Request-
Municipal Court form to the court, please call the court to
get from them 1) the estimated cost of the transcript and 2)
who the check should be written to. If you cannot afford to
pay for the transcript, ask court staff at either the Municipal
or Superior Court how you can apply to have the transcript
produced at court expense.
One of the two transcripts you are required to order is for
the Prosecutor and the other is for the Criminal Division
Manager at the Superior Court (see STEPS 4 and 6). If you
want a transcript for yourself, you should order a third copy
when you place your original transcript order.
STEP 3: Mail or deliver Form A - Notice of
Municipal Court Appeal to the Municipal Court
In order to let the Municipal Court Administrator of the
Municipal Court in which you were originally found
guilty know that you are filing an appeal, you must mail
or deliver Form A - Notice of Municipal Court Appeal to
that court. The Municipal Court must receive this form
no later than 20 calendar days (this includes
weekends & holidays) after the date you were found
guilty. If the Municipal Court does not RECEIVE
the appeal form by the 20-day deadline, your appeal
will not be heard.
Note: Before you deliver or mail the original of Form A to
the Municipal Court, please make some extra copies. The
information contained in STEPS 4 and 6 will let you know
how many copies you will need. These additional copies
are needed to help you complete the filing of your appeal.
If you mail Form A instead of delivering it in person,
you should send it certified mail, return receipt
requested. Your post office can tell you how to do this.
STEP 4: Mail or deliver a copy of Form A - Notice of
Municipal Court Appeal to the Prosecutor
You must send a copy of Form A to the Prosecutor no
later than 5 days after you mailed or delivered the
original copy of Form A to the Municipal Court. If you
mail the form, instead of delivering it in person, you
should send it certified mail, return receipt requested.
In almost all cases the prosecuting attorney is the County
Prosecutor. However, in some cases the prosecuting
attorney may be a different person. To determine if the
prosecuting attorney for your case may be someone
other than the County Prosecutor, please refer to the
sheet at the end of this packet labeled Determining the
Prosecuting Attorney.
STEP 5: Fill out Form C - Certification of Timely
Filing
Fill out Form C - Certification of Timely Filing and
attach it to a copy of Form A. Form C is your
certification telling the court that you mailed the
necessary papers on time and to the correct places.
Note: If you want the court to send you copies of the
forms stamped “filed,” include one extra copy of each
form along with a self-addressed, stamped envelope.
STEP 6: Mail or deliver a copy of Form A - Notice of
Municipal Court Appeal and the original of
Form C - Certification of Timely Filing to the
Criminal Division Manager at the Superior Court
You must send a copy of Form A - Notice of Municipal
Court Appeal and the original of Form C - Certification
of Timely Filing to the Criminal Division Manager at the
Superior Court. The Superior Court must receive these
forms no later than 5 days after the original copy of
Form A - Notice of Municipal Court Appeal was
received by the Municipal Court. If you mail the forms,
you should send them in one envelope certified mail,
return receipt requested.
The copy of Form A and the original of Form C should
be mailed or delivered to the Criminal Division Manager
at the County Courthouse in the county where the
original Municipal Court case was heard. This address
can be found in the Directory of Superior Court Clerk’s
Offices-Law Division contained in this packet. If you
are not sure which county you should file your appeal in,
ask someone at the Municipal Court for assistance.
Note: A filing fee of $100 is required to file your Notice
of Appeal with the Criminal Division Manager. Make
the check or money order payable to the Treasurer,
State of New Jersey. However, if you cannot afford to
pay for filing the appeal, ask the court staff at either the
Municipal or Superior Court how to apply for the waiver
of the filing fee.
Revised 11/2014, CN 10559-English (How to Appeal a Decision of a Municipal Court) page 4 of 8
Form A
New Jersey Judiciary
Notice of Municipal Court Appeal
v.
Superior Court of
Your Name:
Lawyer’s Name (if applicable)
Your Address:
Lawyer’s Address (if applicable):
Contact Phone:
Lawyer’s Phone (if applicable):
If you were represented by a lawyer, was he/she appointed by the court? (check one)
☐ Yes
☐ No
I, , am appealing to the Superior Court from a conviction entered
in the Municipal Court on .
On that date, I was convicted of the following offense(s):
The Municipal Court Judge found me guilty and ordered the following:
• Fine (Specify Amount):
• Restitution
(Specify Type):
Amount:
• Jail Sentence (Length of Sentence):
• Community Service
(Describe):
• Probation
(Length):
• Driver License Suspension
(Length of Suspension):
• Other Penalty (Please Specify):
In connection with this outcome:
In connection with this outcome:
☐ No Fine was Assessed, or
☐ No Jail Term was Imposed, or
☐ A Fine was Assessed and:
☐ A Jail Term was Imposed:
☐ has been paid
☐ however, I am not in jail
☐ has not been paid
☐ I am in jail confined at the following facility:
☐ has been stayed pending appeal
A Sound Recording was made in the above matter at the time of the trial, as required by Rule 7:8-8.
Docket #
(Superior Court Use Only)
Save
Print
Clear
ext.
ext.
Revised 11/2014, CN 10559-English (How to Appeal a Decision of a Municipal Court) page 5 of 8
Form B
Transcript Request-Municipal Court
Name of Municipal Court:
Title of Action:
v.
Name of Municipal Court Judge:
Name of County:
Date(s) of Hearing(s):
Complete This Section Only If You Are Filing an
Appeal of a Municipal Court Judgment
To file a Municipal Court appeal, you must order and pay in advance for a minimum of two (2) copies of your
court case transcript. The Municipal Court Administrator will file the original copy of the transcript with the
Criminal Division Manager at the Superior Court and a certified copy with the Prosecuting Attorney. You may
also order one or more copies of the transcript for yourself if you choose, at an additional charge.
Number of transcripts requested:
1 Copy for the Criminal Division Manager at the Superior Court (required)
Copy or copies for the Prosecuting Attorney or Attorneys (a minimum of one is required)
Additional copies (optional)
Total Copies Ordered
Your name:
Address:
Telephone Number:
I agree to pay for the preparation and all copies ordered of the transcript.
(Your Signature)
(Date)
(Type or Print your name)
New Jersey Court Rule 3:23-8(a) requires that when an appeal is filed, the original transcript must be
filed with the Criminal Division Manager at the Superior Court and a certified copy with the
Prosecuting Attorney.
Note: Before you send or deliver the Transcript Request-Municipal Court form to the court, please call the court to get from
them 1) the estimated cost of the transcript and 2) who the check should be written to.
Amount of Deposit: $
(Court Use Only)
ext.
Revised 11/2014, CN 10559-English (How to Appeal a Decision of a Municipal Court) page 5 of 8
Form C
Certification of Timely Filing
I certify that a copy of the Notice of Municipal Court Appeal form (Form A) has been mailed or delivered to the
Municipal Court Administrator of the
Municipal Court, and also to the
Prosecuting Attorney(s), within the deadlines specified by the Rules of Court. In addition, I certify that I have
contacted the Municipal Court Administrator of the Municipal Court stated above, before filing my Notice of
Municipal Court Appeal, and I have ordered an original and a copy of the transcript of my proceedings.
Additionally, if required, I have paid the transcript deposit specified by the Municipal Court Administrator to
have the transcript produced.
(Your Signature) Appellant
(Date)
(Type or Print your name)
List the name(s) and address(es) of the Prosecuting Attorney(s) who has been provided with a copy of
Form A (Notice of Municipal Court Appeal).
(a)
Name:
Address:
(b)
Name:
Address:
(c)
Name:
Address:
How to Appeal a Decision of a Municipal Court
Revised 11/2014, CN 10559-English (How to Appeal a Decision of a Municipal Court) page 5 of 8
Determining the Prosecuting Attorney
In order for you to file a copy of Form A (Municipal Court Appeal) with the Prosecuting Attorney, you must first
determine who the Prosecuting Attorney for your case will be when it gets to the Superior Court. It may be an attorney
representing the Municipality where your matter was heard, the County Prosecutor or even an attorney from the office of
the State Attorney General. Who the Prosecuting Attorney will be is determined by the nature of the case on which you
are appealing. For example:
a) If one or more of the charges on which you were found guilty and are appealing is a municipal ordinance violation, a
copy of Form A (Notice of Municipal Court Appeal) must be mailed or delivered to the Municipal Attorney for the
town where the Municipal Court is located. Staff at the town’s main administrative building can provide you with the
name and address of the Municipal Attorney.
b) If your appeal is based on a claim that a State law, statute, rule, regulation, or an order by the executive branch of
government is unconstitutional, then a copy of Form A (Notice of Municipal Court Appeal) must be mailed or
delivered to the Office of the Attorney General, at the following address:
Office of the Attorney General
R. J. Hughes Justice Complex
25 Market Street, P.O. Box 080
Trenton, NJ 08625
c) For all other matters, a copy of Form A (Notice of Municipal Court Appeal) must be mailed or delivered to the County
Prosecutor. This includes most traffic offenses and driving while intoxicated (DWI) violations. Please be aware that
your case may require you to send a copy of Form A (Notice of Municipal Court Appeal) to more than one
Prosecuting Attorney. For example, if one of the charges is a municipal ordinance violation and another a speeding
offense, then you will need to send a copy of Form A to both the Municipal Attorney and the County Prosecutor. The
Municipal Prosecutor, the local police department or Municipal Court staff can provide you with information on
whether a particular charge is a municipal ordinance violation or a State law violation. Finally, if you are still unsure
who the Prosecuting Attorney in your case will be, you may want to consider sending a copy of Form A (Notice of
Municipal Court Appeal) to the County Prosecutor, the Municipal Attorney, and the State Attorney General. Please
refer to the Summary Table below for information on determining the Prosecuting Attorney(s).
Summary
If you are appealing: You must send a notice to:
A Municipal Ordinance violation
The Municipal Attorney for the town where the
Municipal Court is located
A violation of State law, (i.e., a traffic violation,
assault charge or most other matters)
The County Prosecutor
The Constitutionality of the law, rule, regulation,
or an Executive Order
The Office of the Attorney General
If you are not sure who the Prosecuting
Attorney will be.
Ask the Municipal Prosecutor or Municipal Court
staff for help
How to Appeal a Decision of a Municipal Court
List Revised 02/07/2020, CN 10559 (How to Appeal a Decision of a Municipal Court) page 8 of 8
Directory of Superior Court Clerk’s Offices- Law Division
A copy of the Notice of Municipal Court Appeal (Form A) must be sent to the Criminal Division at the Superior Court in
the county where you are filing your Appeal.
Atlantic County
Municipal Appeals Clerk
Atlantic County Courts Complex
4997 Unami Boulevard
Mays Landing, NJ 08330
609-402-0100 ext. 47340
Bergen County
Criminal Division Manager
Bergen County Courthouse
10 Main Street, Room 124
Hackensack, NJ 07601
201-221-0700 ext. 25020
Burlington County
Criminal Division Manager
Burlington Courts Facility
50 Rancocas Rd. -1st Fl.
Mount Holly, NJ 08060
609-288-9500 ext. 38125
Camden County
Criminal Division Records
Camden County Hall of Justice
101 So. Fifth St.
Camden, NJ 08103
856-379-2230
Cape May County
Municipal Appeals Clerk
Criminal Division
Cape May County Superior Court
4 Moore Rd.
Cape May Court House, NJ 08210
609-402-0100 ext. 47433
Cumberland County
Criminal Division Records
60 West Broad Street
Bridgeton, N.J. 08302
856-878-5050 ext. 15640
Essex County
Criminal Division Manager
Essex County Veterans Courthouse
50 West Market Street
Newark, NJ 07102
973-776-9300 ext. 55934
Gloucester County
Criminal Division Records
Gloucester County Justice Complex
70 Hunter Street
Woodbury, NJ 08096
856-878-5050 ext. 15430
Hudson County
Criminal Records Office
Hudson County Admin.
Building
595 Newark Ave., Room 101
Jersey City, NJ 07306
201-748-4400 ext. 60138
Hunterdon County
Municipal Appeals Clerk
Hunterdon County Criminal
Division
Hunterdon County Justice
Center
65 Park Avenue
Flemington, NJ 08822
908-824-9750 ext. 13110
Mercer County
Criminal Division Records
Mercer County Courthouse
400 S. Warren St., Room 109
Trenton, NJ 08650
609-571-4200 ext. 74074
Middlesex County
Municipal Appeals Clerk
Middlesex County Courthouse
56 Paterson St.
P.O. Box 964
New Brunswick, NJ 08903
732-645-4300 ext. 88142
Monmouth County
Municipal Appeals Clerk
Monmouth County Courthouse
71 Monument Park
Freehold, NJ 07728
732-358-8700 ext. 87360
Morris County
Criminal Division Manager
Morris County Courthouse
Washington St.
Morristown, NJ 07960
862-397-5700 ext. 75215
Ocean County
Criminal Case Processing
Ocean County Justice
Complex
120 Hooper Ave., Room 221
Toms River, NJ 08753
732-504-0700 ext 64282
Passaic County
Criminal Division Records
Passaic County Courthouse
77 Hamilton Street
Paterson, NJ 07505
973-653-2910 ext. 24397
Salem County
Criminal Division Records
Salem County Court House
92 Market Street
Salem, NJ 08079
856-878-5050 ext. 15780
Somerset County
Criminal Division Records
Somerset County Courthouse - 2nd Fl.
20 North Bridge Street, P.O. Box 3000
Somerville, NJ 08876
908-332-7700 ext. 13720
Sussex County
Municipal Appeals Clerk
Criminal Division
Sussex County Judicial Complex
43-47 High Street
Newton, NJ 07860
862-397-5700 ext. 75316
Union County
Criminal Division Records
Union County Superior Courthouse
2 Broad St., 5
th
Fl. Tower
Elizabeth, NJ 07207
908-787-1650 ext. 21150
Warren County
Municipal Appeals Clerk
Warren County Criminal Division
P.O. Box 900
Belvidere, NJ 07823
908-750-8100 ext. 13130
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