Fill - Free fillable How to Appeal a Trial Court, Tax Court (NJ Judiciary) PDF form

Revised 09/01/2019, CN 10837 page 1 of 32

Appellate Division

How to Appeal a Trial Court, Tax Court or State Agency Decision

Updated September 1, 2019

How to Appeal a Trial Court, Tax Court or State Agency Decision

Appellate Division

Who Should Use This Packet?

You can use

this packet if you are a self-represented litigant and believe a trial court, the Tax Court or a state

agency made a legal mistake in its final judgment, order or decision, and you want that decision reviewed. An

appeal is more than your disagreement with

the court or agency decision. You must be able to show that the

court or agency made a legal error important enough that it could have changed the outcome of your case

General information for filing an Appeal:

• Before you can file an appeal, you must have a signed

copy of the final judgment, order, or decision that

you are appealing. You cannot appeal an oral decision

• The Appellate Division is a court of review. It does not retry a case or take new evidence.

• Filing an appeal does not stop enforcement of the final judgment, order, or decision that you are

appealing.

• It can take a year or more to obtain a decision on your appeal.

• The decision on your appeal will be posted on the internet.

• Appeals can be confusing and expensive. Please read this packet carefully.

DO NOT

use this packet if you are:

• Appealing a pretrial detention order, a decision from the Board of Review, or a Megan's Law decision.

There are separate packets for those appeals available on njcourts.gov.

12043 - Pretrial Detention Appeal (PDA)

10824 - Board of Review Pro Se Kit

10839 - Notice of Appeal and Case Information Statement (CIS) for Appeals Involving Registration

and Community Notification Laws (Megan's Law)

• An attorney. Attorneys must file appeals electronically through eCourts.

Please Note:

These materials are not intended as legal advice and in no way guarantee the outcome of your

appeal. Only an attorney can give legal advice. If you are not an attorney, you can only represent yourself on

appeal. You cannot represent another person, company or entity. See Court

Rule 1:21-1.

Note: These materials have been prepared by the New Jersey Judiciary for use by self-represented litigants. The

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 on the Judiciary’s Internet site njcourts.gov. However, you are

ultimately responsible for the content of your court papers.

How to Appeal a Trial Court, Tax Court or State Agency Decision

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Things to Think About Before You Represent Yourself in Court

Try to Get a Lawyer

You may want to consider obtaining the assistance

of an attorney, since an appeal can be a complex

legal proceeding. Even if you find that completing

the enclosed forms is not a difficult task, you should

be aware that the level of assistance that the Clerk's

office has provided to you through these detailed

instructions does not continue throughout the course

of your appeal. The Clerk's office cannot assist

you with:

• the legal research needed to write your brief;

• assembling the documents that you will need for

your appendix;

• drafting your procedural history, statement of

facts, and legal arguments that will be required

in your brief.

The assistance of the Clerk's office, to attorneys and

to pro se litigants alike, is limited to procedural

matters (information concerning the Court Rules

and practice and procedure). This office cannot

provide any assistance or legal advice regarding the

issues, arguments or merits of an appeal.

If you cannot afford to pay for an attorney in a civil

matter, you may be able to obtain legal assistance

from the “Legal Services” office in your county.

If your appeal is from a criminal conviction in the

Superior Court of New Jersey, Law Division, and

you cannot afford an attorney, you may contact the

Appellate Section of the Office of the Public

Defender of the State of New Jersey at

(973) 877-1200 to find out if you qualify for

assistance

www.nj.gov/defender/structure/appellate/.

If, after consulting the materials provided in this pro

se kit and the Court Rules, you still have questions

concerning Appellate Division practice and

procedure, you may contact the Appellate Division

Clerk's Office for assistance at (609) 815-2950.

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.

Keep Copies of All Papers

Make and keep copies of all completed forms and

documents related to your case.

How to Appeal a Trial Court, Tax Court or State Agency Decision

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Overview

The following are some important points to consider when filing an appeal.

• Filing an appeal can be expensive. The filing fee for an appeal is $250. Most appeals require you to

purchase a transcript of everything that was said in court. Transcripts are expensive; you can estimate a cost

of over $1,000 per day for transcripts. All of these fees and costs are non-refundable.

• The Appellate Division must receive your Notice of Appeal within 45 calendar days from the filed date

of your final judgment, order, or decision for most appeals. An exception would be for appealing an order

terminating your parental rights (see the section “Before Filing an Appeal” on page 6).

• During your appeal, you will be required to prepare and submit a legal brief that includes the legal

basis for your appeal and an appendix containing copies of the documents submitted to the court or agency

that are relevant to the issues raised in your appeal (see the section “After the Appeal Has Been Filed” on

page 10).

• Filing a Notice of Appeal does not stop enforcement of the final judgment, order, or decision that you

are appealing. If you are attempting to stop the enforcement of the decision made by the court or agency,

you must first file a motion for a stay in the court or agency. For more information, see example #4 in the

“Motion Information” section of this packet, page 12.

• Appellate Division opinions are posted in multiple places on the internet so the public can see how the

court interprets the law. The final decision regarding your appeal, regardless of whether you “win or lose,”

will be posted on the Judiciary's website as well as other websites. In most circumstances, the opinion will

include your full name and could possibly include personal information.

This packet contains the following sections:

Definitions of Words Used in This Packet ............................................................................................... page 4

Before Filing an Appeal ............................................................................................................................ page 6

Steps for Filing an Appeal ........................................................................................................................ page 8

After the Appeal Has Been Filed ............................................................................................................ page 10

Motion Information ................................................................................................................................. page 12

Forms and Instructions ............................................................................................................................ page 14

Notice of Appeal ............................................................................................................................... page 14

Civil Case Information Statement ..................................................................................................... page 18

Criminal Case Information Statement .............................................................................................. page 22

Transcript Request ............................................................................................................................ page 26

Notice of Motion ............................................................................................................................... page 29

Certification of Service ..................................................................................................................... page 31

How to Appeal a Trial Court, Tax Court or State Agency Decision

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Definitions of Words Used in This Packet

Adversary - An adversary is your opponent, the other party to the litigation.

Appellant - An appellant is the person who is appealing a judgment, order or decision to the Appellate

Division.

Appellate Division - The Appellate Division is the intermediate court in New Jersey. It hears appeals from

the trial courts, the Tax Court and state agencies.

Appendix - An appendix (which is submitted along with a brief) contains copies of the relevant evidence

submitted to and considered by the court or agency when it made its decision being appealed.

Brief - A brief is a written argument in support of, or in opposition to, an appeal. Briefs should be typed.

Caption - A caption is the name of the case; it lists the name of each party. For example, John Jones,

Plaintiff v. Mary Smith, Defendant. In an agency appeal, the caption may be John Doe, Petitioner v. New

Jersey Department of Corrections, Respondent.

Certification - A certification is a sworn, written statement with date and original signature. In a

certification, you swear or affirm that the information contained in the papers is true to the best of your

knowledge. Court Rule 1:4-4 provides the words that may be used in a certification: “I certify that the

foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are

willfully false, I am subject to punishment.”

Final Agency Decision - A final agency decision is a decision of a state agency that resolves all issues for all

parties.

Final Judgment Order or Decision- The final judgment, order or decision is a signed, written decision of a

court that resolves all issues for all parties and closes (completes) the case.

Motion - - A motion is a formal, written request made to a court. For example, in a motion, you might ask

the court to issue an order extending the time to file your papers.

Motion for Leave to Appeal - A motion for leave to appeal is a motion filed in the Appellate Division

requesting permission to appeal a decision by a trial court or agency before the case is fully decided.

Notice of Appeal - A notice of appeal is a formal notice served by the appellant on the court and the parties

involved, informing them of the appellant's intention to request review of a trial court's order.

Oral Argument - Oral argument is when the parties personally appear in court to briefly summarize their

most important arguments and to answer any questions from the court. Oral argument must be requested.

Opinion - An opinion is the written decision by the court that details the final results of the appeal.

Party - A party is a person, business or governmental agency involved in a court or state agency action.

Record - Record refers to copies of the evidence submitted to and considered by the trial court or agency

when it made its decision.

Relief - Relief is what a party is asking the court to do in a motion or brief.

How to Appeal a Trial Court, Tax Court or State Agency Decision

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Definitions of Words Used in This Packet (continued)

Respondent - The respondent refers to a party who did not file a Notice of Appeal. The respondent responds

to an appeal.

Service - Service is mailing or delivering copies of your papers to the lawyer for the other party or to the

other party directly if they have no lawyer. See the Certification of Service (Form E - page 31).

State Agency - A stage agency is a part of the executive branch of New Jersey's state government. State

agencies carry out the laws passed by the state legislature. Examples of state agencies include the

Department of Labor, the Motor Vehicle Commission, the State Parole Board and the Department of

Environmental Protection.

Stay - A stay is an order issued by the court temporarily suspending (stopping) an act that was already

ordered. For example, if the trial court or agency ordered payment of a judgment, a party may ask the trial

court or agency to stay (stop) the requirement to pay while an appeal is pending. If the trial court or agency

denies your motion for stay, you may then seek a stay in the Appellate Division by filing a motion there.

Supreme Court - The highest court in the New Jersey state court system.

Tolling motion - A tolling motion is a motion that pauses the 45-day clock for filing an appeal. If a party

files a tolling motion in the trial court after the trial court issued its final decision, the 45-day clock for filing

an appeal is paused. Once the trial court decides the tolling motion, the 45-day clock begins again with only

the remaining time left to file an appeal. For example, if you wait 20 days before filing a tolling motion, you

will have 25 days after the motion is decided to file your appeal. The party must have filed the tolling motion

in the trial court on time (within the court deadline for the motion) for it to pause the 45-day clock. Examples

of tolling motions include a motion for a new trial, a motion to make additional findings of fact, and in

civil/family cases, a motion asking the court to reconsider its final decision. Court Rule 2:4-3 provides a

complete list of the tolling motions.

Transcript - A transcript is a typed copy of everything that was said during a recorded hearing or trial.

How to Appeal a Trial Court, Tax Court or State Agency Decision

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Before Filing an Appeal

Make sure you have the right to appeal.

Before you try to file an appeal, make sure you have the right to appeal. You will need a signed copy of the judgment,

order, or state agency decision that you are appealing. You cannot appeal an oral decision.

Review the judgment, order, or state agency decision you wish to appeal with the following questions in mind. If you can

answer "yes" to these questions, you can file an appeal. Please keep in mind that there are always exceptions. If you have

a question whether or not you can appeal, you can call the Appellate Division Clerk's Office at (609) 815-2950 for

guidance with the process. Please note that The Clerk's Office cannot give you legal advice.

1. Do you have the final judgment, order or decision?

With a few exceptions, you may only file an appeal once the trial court or state agency has issued its “final” judgment,

order or decision. The “final” judgment, order or decision ends the case and decides all the issues that were before the

court or agency for all the parties involved in the case. (See Court Rules 2:2-3; and 4:42-2)

For example:

(a) In a criminal case, a final judgment is entered after a defendant has been convicted and sentenced by the Law

Division, Criminal Part.

(b) In a civil or family case, a final judgment is entered after a jury verdict or the final determination of a case by

the trial court.

property. An order referring a case to the Office of Foreclosure for further proceedings is not final.

(d) In a state agency case, the agency generally issues a final decision after reviewing the initial decision of an

Administrative Law Judge in the Office of Administrative Law.

(e) In a Tax Court case, a final judgment is entered by the Tax Court or by the Tax Court Clerk/Tax Court

Administrator acting at the Court’s direction.

If a motion for reconsideration (asking the judge to reconsider his/her decision) or a motion for counsel fees (asking

the judge to order the payment of any fees paid to an attorney) is pending in the trial court or agency, you must wait

for a decision on the motion before you can appeal.

2. Are you within the deadline to file an appeal?

Your deadline for filing an appeal depends on your case type. If the judgment, order or decision is from:

 A trial court (Superior Court) or the Tax Court:

• You have 45 days from the date of entry of the final judgment or order closing the case to file an appeal.

See Court Rule 2:4-1(a).

• However if you are appealing an order terminating your parental rights, you have 21 days from the filed date

of the trial court’s order to file your appeal.

 A state agency:

• You have 45 days from receipt or notice of the agency decision to file an appeal.

See Court Rule 2:4-1(b).

When counting the days, include weekends and holidays. However, if the last day lands on a weekend or holiday,

your due date falls on the next business day that the court is open. Make sure that the court receives your

paperwork on or before the last day for filing. Do not wait until the last day to mail your paperwork since it will

arrive after the deadline, and the appeal will not be filed.

Note: When it comes to the 45-day deadline, certain motions pause the 45-day clock for filing an appeal. Examples

of these “tolling motions” include a motion for a new trial, a motion to make additional findings of fact, and in

civil/family cases, a motion asking the court to reconsider its final decision. If a party files a “tolling motion” in the

trial court after the trial court issued its final decision, the 45-day clock for filing an appeal is paused. Once the trial

How to Appeal a Trial Court, Tax Court or State Agency Decision

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court decides the motion, the 45-day clock begins again with only the remaining time left to file an appeal. For

example, if you wait 20 days before filing a motion for reconsideration, you will have 25 days after the motion is

decided to file your appeal. The party must have filed the “tolling motion” in the trial court on time (within the court

deadline for the motion) for it to pause the 45-day clock. See Court Rule 2:4-3 for more information and a complete

list of these “tolling” motions.

If you answered “Yes” to questions 1 and 2, move on to the “Steps for Filing an Appeal” (page 8) for information on

the necessary forms, documents and fees to begin your appeal.

If you answered “No” to question 1 and do not have a final judgment, order or decision, you should wait for all the

issues for all of the parties to be resolved before submitting your appeal. If you do not, you must request permission to

appeal by filing a Motion for Leave to Appeal (see Court Rules 2:2-4 and 2:5-6). This packet does not address how to file

a Motion for Leave to Appeal. For information on a Motion for Leave to Appeal, refer to the section entitled “Motions

Generally” in 10834 - Appellate Division Practice Checklist found on njcourts.gov, or call the Clerk's Office at

(609) 815-2950. (Note: the timeframe for filing a Motion for Leave to Appeal is less than that for a Notice of Appeal).

You must file a Motion for Leave to Appeal within 20 days of the date you were served (received) the order. See Court

Rule 2:5-6.

If you answered “No” to question 2 and are beyond the 45-day deadline for submitting an appeal, you must submit a

Motion to File a Notice of Appeal as Within Time along with your other paperwork described in “Steps for Filing an

Appeal” (page 8). You will need to support your motion with a certification that explains why you are filing late. For

information on how to file a Motion to File a Notice of Appeal as Within Time, see example #1 in the Motion Information

section of this packet (page 12).

How to Appeal a Trial Court, Tax Court or State Agency Decision

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The numbered steps listed below tell you how to file an appeal. Each form should be typed or printed clearly on 8 ½ “x 11” white

paper only. Forms may not be filed on a different size or color paper.

Steps for Filing an Appeal

STEP 1: Fill out the Notice of Appeal (Form A -

page 14)

Fill out the Notice of Appeal, starts an appeal by

notifying the parties to a case, the judge or agency that

made the decision and, in some case types, additional

governmental bodies of your intention to appeal.

STEP 2: Fill out one of the Case Information

Statements (CIS) (Form B1 - page 18 or

B2 - page 22)

Fill out either the Civil or Criminal Case Information

Statement (CIS) (depending on your case type).

• Use the Civil Case Information Statement (Form B1)

for Civil, Family, Tax Court or State Agency

appeals.

• Use the Criminal Case Information Statement (Form

B2) for appeals from a Superior Court Criminal Part

judgment or order, or from a finding of juvenile

delinquency.

In all case types, you must attach a signed copy of all

the judgment(s), order(s) or decision(s) listed on your

Notice of Appeal.

STEP 3: Fill out the Transcript Request

(Form C - page 26)

A certified transcript of your hearing or trial is required

on an appeal. As the party filing the appeal, you are

responsible for finding out if there are transcript(s) and,

if so, ordering them. Failure to order or submit

transcript(s) can result in the dismissal of your

appeal.

Follow the instructions below to find out if there are

transcripts in your case. If there are no transcript(s) in

your case, you do not need to submit a Transcript

Request form.

The process of locating transcript(s) differs depending

on your case type:

For trial court (Superior Court/Tax Court) cases:

Submit your completed Court Transcript Request Form

(Form C) either by email to Appeal-trans.mailbox

@njcourts.gov or by regular mail to the:

Appellate Division - Transcript Unit

Hughes Justice Complex

PO Box 968

Trenton, NJ 08625-0968.

For state agency cases:

Contact the state agency or the Office of Administrative

Law (OAL). More information and the forms needed to

order agency transcripts can be found on the OAL's web

site: https://nj.gov/oal/hearings/transcript/.

Attach a copy of the form(s) you use to order an agency

transcript along with the Notice of Appeal to show proof

that you have ordered the transcript(s).

Note: if you cannot afford to pay for a transcript and

plan to file a motion for transcripts at public expense

because you are appealing a criminal conviction or the

complete termination of parental rights; termination of

natural parent's rights in private adoption proceedings,

involuntary civil commitment, or a Title 9 abuse and

neglect decision, see example #3 in the Motion

Information section starting on page 12.

STEP 4: Attach the Filing Fee.

Make a check or money order payable to Treasurer,

State of New Jersey for the $250 filing fee.

Note: if you cannot afford the filing fee, you can request

a filing fee waiver. The process varies depending upon

your situation:

a. If you were granted a filing fee waiver in the trial

court for the same matter that you are appealing

(the same indictment, accusation, or criminal or

civil/family complaint docket number), you can

submit a copy of the order granting your fee waiver,

along with a certification stating whether there has

been any substantial change in your financial

circumstances since the date of entry of the order.

See Court Rule 2:7-4.

b. If you did not ask for a filing fee waiver in the

trial court, you must do that first. To apply for a

fee waiver in the trial court, use packet 11208 - How

to File for a Fee Waiver - All Courts

found on our

Self Help Center at njcourts.gov. If your request is

denied, you can then file a motion in the Appellate

Division. (See example #2 in the Motion

Information section - page 12.)

c. If you were denied a filing fee waiver or are

appealing a state agency decision, you should file a

motion for a fee waiver in the Appellate Division.

(See example #2 in the Motion Information section -

page 12.)

How to Appeal a Trial Court, Tax Court or State Agency Decision

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Submit a copy of either (a) your order granting a fee

waiver; (b) your fee waiver application submitted to the

trial court or (c) your motion for a fee waiver in place of

the filing fee.

STEP 5: Check your completed forms and make

copies.

Check that your forms are complete. Remove all

instruction sheets, and sign the forms wherever

necessary. Make enough copies so that you can serve

each party and the judge or agency that made the

decision on appeal. Be sure to make at least one copy

for yourself. In certain appeals (state agency, adult

criminal and juvenile delinquency), you will also need to

make a copy for one of the governmental bodies listed in

Step 6.

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.

Checklist of items needed to file an appeal:

Notice of Appeal (Form A)

Civil CIS (Form B1) OR

Criminal CIS (Form B2)

Signed copies of all the judgment(s), order(s) or

decision(s) listed on your Notice of Appeal

Transcript Request (Form C) if applicable

Filing fee, in the form of a check or money order.

Do not mail cash. You may use cash if you pay

in person, but you shou

ld keep the receipt you get

from the court staff for your records.

Optional: An extra copy of each form along with

a stamped envelope addressed to yourself so that

the court can send you the copies stamped

“filed”.

STEP 6: Mail or deliver the completed forms

You may hand deliver or mail the original of your

paperwork (with original signature) to the Appellate

Division. Please note that your paperwork must be

received on or before the deadline for filing an appeal.

It is not enough to mail your paperwork on the day it is

due. The Appellate Division's mailing address is:

Appellate Division Clerk's Office

Hughes Justice Complex

25 W. Market St., P.O. Box 006

Trenton, New Jersey 08625-0006

You must also serve (mail or hand deliver) a copy of

your paperwork on all of the parties in your case, the

judge or agency that made the decision you are

appealing and, depending on your case type, the

additional governmental bodies listed below:

• for agency appeals: serve the Attorney General's

Office, Division of Law, 25 W. Market St.,

P.O. Box 112, Trenton, New Jersey 08625-0112.

See Court Rule 2:5-1(e).

• for adult criminal appeals: serve the New Jersey

Division of Criminal Justice, Appellate Section, 25

W. Market St., P.O. Box 086, Trenton, New Jersey

08625-0086. See Court Rule 2:5-1(a).

• for juvenile delinquency appeals: serve the county

prosecutor. See Court Rule 2:5-1(d).

How to Appeal a Trial Court, Tax Court or State Agency Decision

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After the Appeal Has Been Filed

After your appeal has been filed, you will receive a Notice of Docketing from the Clerk's Office that lists the appellate

docket number for your appeal (the docket number will begin with the letter “A”) and the contact information for your

case manager. Your case manager is the person who will process your appeal. Your case manager can answer procedural

questions regarding your appeal, but cannot give you legal advice. The next step in the appeal process is to submit your

brief and appendix.

What is a brief?

A brief is your written argument. It is required in an appeal. The brief is your only chance to tell the Appellate Division

judges the facts and circumstances that led to the appeal, what mistake happened in the trial court or agency, how that

mistake impacted the decision in the case and what relief you are seeking. A brief should be typed.

Preparing a brief requires a time commitment on your part to research the legal authority (statutes, regulations, court

rules) and case law that support your position.

When preparing your brief, please keep in mind that the Appellate

Division does not:

• retry a case

• take new evidence or

• weigh the credibility of witnesses.

The Appellate Division reviews what happened in the trial court, Tax Court or agency to determine if an error occurred;

and if so, whether that error entitles you to some form of relief. This is known as the Standard of Review.

See Court

Rule 2:10-2.

What is an appendix?

Submitted along with your brief, your appendix must contain copies of the relevant evidence considered by the trial court,

Tax Court or agency when it made its decision on appeal. This is called the record. You cannot submit anything to the

Appellate Division that was not submitted to and reviewed by the trial court/agency, as that evidence is not part of the

record. As the appellant (the party who filed the appeal), you must submit an appendix. The trial court/agency does not

submit a copy of its record to the Appellate Division.

NOTE: If there are documents containing confidential personal identifiers (Social Security number, military status,

driver's license number, vehicle plate number, insurance policy number and active financial account/credit card numbers)

you must redact (black out) those identifiers.. See Court Rule 1:38-7. Sealed or confidential documents, reports or

exhibits (such as a Presentence Report or child custody evaluation) should be submitted in a separate confidential

appendix.

An appellate brief and appendix should be taken seriously. There are strict format requirements and due dates.

Your appeal could be dismissed if you fail to submit your brief and appendix on time or in the correct format.

When do I submit my brief and appendix?

In most cases, shortly after you submit your Notice of Appeal, you will receive a scheduling order with the due dates for

briefs. If not, the time to submit briefs depends on whether there is a transcript and whether you are appealing an agency

decision.

Specifically, you must serve and file a brief and appendix as follows:

• Within 45 days after the delivery of the transcript, or

• If there is no transcript or if the transcript was delivered prior to the filing of the notice of appeal, within 45 days

of the filing of the Notice of Appeal.

Examples of legal authority include statutes, regulations, rules and case law. Case law refers to written decisions of the courts. This

includes New Jersey Supreme Court opinions and published opinions of the New Jersey Superior Court and Tax Court. (With few

exceptions, unpublished opinions cannot be cited in your case. R. 1:36-3.) The Rutgers Law School website has a free, full-text

searchable archive of the opinions of the New Jersey state courts. See http://njlaw.rutgers.edu/collections/courts/search.php

For an overview of the Standard of Review that applies to different case types, see the “New Jersey Standards for Appellate Review”

paper found on njcourts.gov.

How to Appeal a Trial Court, Tax Court or State Agency Decision

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• In state agency appeals, the brief and appendix is due 45 days from receipt of transcript(s) (if any) AND a

Statement of Items Comprising the Record on Appeal (which is a list of all the evidence the agency considered

when issuing its decision) from the agency.

Your adversary, who is called the respondent, then has thirty days to submit a brief that responds to the arguments in your

brief. A respondent is not required to submit an appendix and should not duplicate items in your appendix. Respondent

should only submit an appendix if his or her brief refers to documents not in your appendix. If respondent does not

submit a brief, s/he will be “suppressed,” which means the respondent will not be permitted to participate in the appeal by

submitting future briefs or requesting oral argument.

When you have received the respondent's brief, you may submit a reply brief within ten days. Your reply brief should

only respond to the arguments raised in the respondent's brief. Filing a reply brief is optional.

When submitting a brief and appendix, parties must file an original (with signature) and four copies with the Clerk's

Office and serve two copies on each of the other parties. You and your adversary must also submit a Certification of

Service (Form E) to the Clerk's Office.

For information on the format requirements for an appellate brief and appendix, see CNs 10836 - Appellate Division

Checklist for Brief and 10835 - Appellate Division Checklist for Preparing an Appendix both of which can be found on

our Self Help Center listed under the Appellate Division, and Court Rules 2:6-1 and 2:6-2 on njcourts.gov. There is a

Sample Formal Brief on the court's “Samples and Examples” page, and a Build-a-Brief Creator that helps you to create a

letter brief.

Decision on the Appeal

Once all of the briefs have been received by the Clerk's Office, the Clerk's Office schedules the appeal to be decided.

Most appeals are submitted on the papers, meaning the judges read the briefs, review the appendices and any transcripts

and then issue their decision in a written opinion. However, you may request oral argument before the Appellate Division

judges by submitting a written request with the case caption at the top of the page, requesting oral argument to the Clerk's

Office with a copy to your adversary. Please note that your request must be received by the Clerk's Office within 14 days

of your receipt of the respondent's brief.

See Court Rule 2:11-1.

If you request oral argument within that timeframe, you and the other parties in the appeal will receive a notice from the

Clerk's Office setting forth the date, location and time for your argument. Oral argument is an opportunity for you to

briefly summarize your most important arguments for the court and to answer any questions from the court.

• Be prepared, and know the record.

• Be ready to engage in a focused conversation with the court.

• When the court asks a question, answer the question directly, candidly and concisely. The court has already read

your brief(s), so do not recite the procedural history and statement of facts.

The court can end oral argument at any time it believes that the issues have been adequately addressed. See Court Rule

2:11-1(b)(3).

At some point after the appeal has been submitted on the papers or after oral argument, the court will issue an opinion

deciding the appeal. The opinion will be posted on the Judiciary's website for 14 days and then on the Rutgers Law

School website. All Appellate Division opinions are available on the internet, so the public can see how the court

interprets the law.

After the Appellate Division’s opinion has been issued, your appeal is completed. If you wish to appeal further, you can

find information on how to appeal an Appellate Division decision in the Supreme Court of New Jersey. See CN 10538 -

A Guide to Filing for Litigants without Lawyers found on our Self Help Center, listed under the Appellate

Division/Appealing an Appellate Court decision heading on njcourts.gov.

How to Appeal a Trial Court, Tax Court or State Agency Decision

Revised 09/01/2019, CN 10837 page 12 of 32

Motion Information

Use this section if you need to file a motion along with your appeal papers. Not all appeals require motions. However,

if you (1) are filing your appeal late; (2) believe that you cannot afford the filing fee; (3) seek transcripts or an attorney at

public expense; or (4) wish to stay enforcement of the order you are appealing, you will need to file a motion. Below are

instructions for each of these motions. Please read carefully and pay attention to the distinctions between civil and

criminal appeals. There is no separate filing fee for these motions.

Example #1 – You are filing your appeal late

If you are beyond the 45-day deadline for filing an appeal, you must submit a “Motion to File a Notice of Appeal as

Within Time,” at the same time as your Notice of Appeal.

1. Complete the Notice of Motion (Form D - page 29). On item #4 of the form, under Notice of Motion for, enter “leave

to file appeal as within time” on the line provided.

2. Prepare and sign a certification in support of your motion. A certification is a sworn, written statement. You should

explain what you want the court to do, and why you feel the motion should be granted. For example, you may want to

explain the reason you are filing your appeal late and why the court should accept your appeal. Remember that in

civil/family appeals (except termination of parental rights appeals), the Appellate Division can only extend the time to

file an appeal by 30 days, and it will do so only if you can provide a good reason for the delay, and only if granting

the delay will not harm the other party(ies). (See Court Rule 2:4-4).

3. Complete and sign a Certification of Service (Form E - page 31).

Example #2 – You seek to waive the filing fee for an appeal

If you were denied a fee waiver in the trial court or are appealing a state agency decision, and want to file for a fee waiver

in the appellate court:

1. Complete the Notice of Motion (Form D - page 29). On item #4 of the form, under Notice of Motion for, enter “Fee

Waiver” on the line provided.

2. You must fill out and attach a Certification/Petition/Application in Support of a Fee Waiver. That form (and

instructions) are on pages 4, 5 and 6 in the packet 11208 - How to File for a Fee Waiver - All Courts found on the Self

Help Resource Center at njcourts.gov. If you were denied a fee waiver in the trial court, also attach a copy of the

denial order.

3. Complete and sign a Certification of Service (Form E - page 31).

Example #3 – You seek transcripts or an attorney at public expense

A fee waiver request (described in Example #2) does not include transcripts nor an attorney at public expense. To

request transcripts and/or an attorney (“assignment of counsel”) at public expense on appeal, you must file separate

motion(s). A motion for the assignment of counsel must be filed in the trial court first. (See Court Rule 2:7-2). Keep in

mind that appellants in civil and family cases are generally not entitled to transcripts prepared at public expense or

the assignment of counsel.

To file a motion for “transcripts at public expense” and/or the “assignment of counsel” (if denied at the trial court level) in

the Appellate Division, follow the instructions below depending on your case type:

Criminal appeals

1. Complete the Notice of Motion (Form D - page 29). On item #4 of the form, under Notice of Motion for, enter the

relief(s) you are requesting on the line provided (i.e., “transcripts at public expense” and/or “assignment of counsel”).

2. Prepare and sign a certification in support of your motion. A certification is a sworn, written statement. You should

explain what you want the court to do, and why the motion should be granted. If you are filing a motion for the

assignment of counsel you must attach a copy of the trial court order denying this relief.

3. Complete and sign a Certification of Service (Form E - page 31). A motion for transcripts at public expense must be

served upon the party/office that may be required to pay for the transcript(s). In non-indictable or quasi-criminal

How to Appeal a Trial Court, Tax Court or State Agency Decision

Revised 09/01/2019, CN 10837 page 13 of 32

appeals, this generally means you must serve county counsel for the county where the case is located. In indictable

criminal appeals, you must serve the motion on the Office of the Public Defender, Appellate Section, 31 Clinton

Street, P.O. Box 46003, Newark, New Jersey 07101.

Civil/Family, Tax Court or State Agency appeals

1. Complete the Notice of Motion (Form D - page 29). On item #4 of the form, under Notice of Motion for, enter the

relief(s) you are requesting on the line provided (i.e., “transcripts at public expense” and/or “assignment of counsel”).

2. Complete and sign a certification in support of your motion. A certification is a sworn, written statement. You

should explain what you want the court to do, and why the motion should be granted. Keep in mind that appellants

in civil and family cases are generally not entitled to transcripts prepared at public expense or the assignment

of counsel. The limited exceptions to this general rule include appeals from complete termination of parental rights;

termination of natural parent's rights in private adoption proceedings; involuntary civil commitment; and Title 9 abuse

and neglect cases. However, if your civil or family appeal does not fall within one of these limited exceptions, note

the following:

• You can try to lessen your transcript costs by getting a written agreement from all of the parties that only certain

dates or sections of the transcript(s) of the proceeding(s) will be needed by the appellate court to review the issues

raised on appeal. (See Court Rule 2:5-3(c)(1))

• Or, if there is no agreement among the parties, you could file a motion in the trial court or state agency asking

permission to order only certain dates or sections of the transcript(s) of the proceedings. However, this motion

must be made within the 45-day timeframe for filing and serving the Notice of Appeal. (See Court Rule 2:5-

3(c)(2)).

3. Complete and sign a Certification of Service (Form E - page 31). A motion for transcripts at public expense must be

served upon the party/office that may be required to pay for the transcript(s). In civil or family appeals, this generally

means you must serve the motion on county counsel for the county where the case is located.

Example #4 – You want to stop enforcement of the order you are appealing pending appeal

Filing a Notice of Appeal does not stop enforcement of the judgment, order or decision you are appealing. To do so, you

must first file a motion for stay in the court or state agency that decided your case. If the court or agency denies your

motion for stay, you may then seek a stay in the Appellate Division (see Court Rules 2:9-5 and 2:9-7). To file a Motion

for Stay in the Appellate Division:

1. Complete a Notice of Motion (Form D - page 29). On item #4 of the form, under Notice of Motion for enter “Stay

Pending Appeal” on the line provided.

2. Prepare a brief and appendix in support of your request for a stay. (For information on how to prepare a brief and

appendix see “After the Appeal Has Been Filed” on page 10).

• Your motion brief cannot be longer than 25 pages in length. (See Court Rule 2:8-1). It must include legal

authority (statutes, regulations, rules or case law) to support the stay request and must explain why you are

requesting the stay. For example, explain why it is important that the court stop enforcement of the decision

while your appeal is pending.

• Your appendix must include both the court/agency order denying your motion for stay and the court/agency order

you are seeking to stay pending appeal (if separate orders).

• For more information, see the Build-a-Brief Creator (CN 11898), found on njcourts.gov.

3. Complete and sign a Certification of Service (Form E - page 31).

How to Appeal a Trial Court, Tax Court or State Agency Decision

Revised 09/01/2019, CN 10837 page 14 of 32

Revised 07/27/2018 to be effective 09/01/2018, CN 10502 (Notice of Appeal – Appendix IV - pro se)

Instructions for Completing the Notice of Appeal (Form A)

Please print legibly or type the information on the form.

Box# Instruction

Enter the complete caption or title of the case exactly as it appears on the papers from the trial court or

agency (for example, the complaint or indictment). Write all party names in full; do not use “et al.”

Enter your name, address, email address, and daytime telephone number. NOTE: If you are not an attorney

admitted to practice in the State of New Jersey, you may not represent any person other than yourself.

Enter the name of the judge whose judgment or order you are appealing. (For state agency appeals, leave this

blank.)

Enter the name of the trial court or state agency from which this case originates (for example, “Superior

Court, Law Division, Essex County,” or “Superior Court, Family Part, Mercer County”, or “Tax Court”). If

the appeal is from a final decision of a state agency, enter the name of the agency (for example, “Department

of Labor”).

In civil cases, enter the trial court docket number. In criminal cases, enter the complaint, accusation or

indictment number(s). If a municipal appeal, enter the Law Division docket number. In agency matters,

enter the agency assigned number.

Enter your name.

If you are appealing a judgment or order from the trial court, check the appropriate box, and enter the

date of the judgment or order on the line. Then, select the appropriate box that describes the court. For

example:

• Check “Civil” if appealing from a Superior Court Law Division (Civil Part or Special Civil Part) or

Chancery Division (General Equity or Probate) judgment or order.

• Check “Criminal” if appealing from a Superior Court Criminal Division judgment or order.

• Check “Family Part” if appealing a Superior Court Family Division judgment or order.

• Check “Tax Court” if appealing from the Tax Court.

If you are appealing a state agency decision, select the “State Agency Decision” box and enter the date of

the decision on the line.

If you are appealing the entire judgment, order or agency decision, leave this space blank. If you are

appealing only a part or several parts, specify the parts (for example, paragraph numbers) being appealed.

FINALITY INQUIRY: If all issues as to all parties are disposed of (decided) in the trial court or

agency, including motions for fees or for reconsideration, check “Yes.” Stop, go to the next section.

If all issues as to all parties are not disposed of (decided), check “No.” If you check “No,” you should not

be filing a Notice of Appeal, but rather a Motion for Leave to Appeal. The only exception may be if you are

able to check “Yes” to the next question, indicating that the order has been properly certified as final

pursuant to Rule 4:42-2.

Only Complete Section 10 If Appealing a Superior Court Criminal Division Judgment/Order or a

Finding of Juvenile Delinquency.

How to Appeal a Trial Court, Tax Court or State Agency Decision

Revised 09/01/2019, CN 10837 page 15 of 32

Revised 07/27/2018 to be effective 09/01/2018, CN 10502 (Notice of Appeal – Appendix IV - pro se)

10.

a. Give a concise statement of the offense and the judgment including the date entered and any sentence or

disposition imposed.

b. Check appropriate box if appeal is from a judgment, post-judgment motion or motion for post-conviction

relief (PCR). If a PCR, check whether 1st or 2nd. If third or higher, select “other” and indicate number.

c. Check appropriate boxes to answer questions.

d. If in custody, enter the name and full address of the facility/institution at which you are confined. Please

include any inmate identification number assigned to you. Check appropriate box to indicate who

represented you below.

11.

A Notice of Appeal must be served upon a number of individuals. Enter the names, date of service and other

information requested. See Court Rule 2:5-1. Service may be made by personal delivery of the papers, by

ordinary mail or by certified or registered mail return receipt requested. See Court Rule 1:5-2.

12.

As the appellant, you must order the transcript(s) of proceedings in the trial court, Tax Court or state agency

from which you are appealing unless you meet one of the exemptions listed in section 13. To show that

you ordered transcripts, complete section 12 by entering the name(s) of the person(s) on whom you served a

transcript request form and the date of service.

13.

There are four exemptions to the requirement of ordering transcript(s) at the time of filing the Notice of

Appeal. Read each carefully and if applicable, check the appropriate box. If none of the exemptions apply to

your case, you should leave this section blank. The four exemptions are:

• No Verbatim Record

This exemption applies if there were no proceedings in the trial court or agency; or, if there were

proceedings, there was no court reporter or sound recording device present. Before checking this box,

confirm with the court/agency that there are no transcript(s).

• Transcript in Possession of Attorney or Pro Se Litigant

This means that you have already ordered an original copy of the transcript and it is in your possession.

In that case, the transcript will not have to be reordered as an original; however, you may have to order a

copy of the transcript for appeal. List the date(s) of the applicable transcript(s) and submit paper copies

of each transcript. If the transcript preparer gave you an electronic copy of the transcript (for example, a

CD-ROM) submit it as well. The Clerk's Office will contact you if you need to order a copy for appeal.

• Motion for Abbreviation of Transcript Filed with the Court or Agency Below

Instead of a transcript of the entire proceedings in the trial court or state agency, you may file a motion to

the court or agency seeking permission to order only certain dates or sections of the transcript(s) of

proceedings. See Court Rule 2:5-3(c). A copy of your motion to the court/agency must be attached to

your Notice of Appeal, and you are responsible to keep the Appellate Division Clerk's Office informed of

the status of the motion and to obtain and forward a copy of the order deciding the motion.

• Motion for Transcript at Public Expense Filed with the Court Below

If you have filed a Motion for Transcript(s) at Public Expense with the trial court or agency below, a

copy of that motion must be attached to your Notice of Appeal. As the person who filed the motion with

the trial court/agency, it is your responsibility to keep the Appellate Division Clerk's Office informed of

the status of that motion and to obtain and forward a copy of the order deciding the motion.

14.

Enter the current date on the line marked Date.

15.

Sign your name on the line marked Signature of Attorney or Pro Se Litigant.

Form A

Revised 09/01/2019, CN 10837 page 16 of 32

Revised 07/27/2018 to be effective 09/01/2018, CN 10502 (Notice of Appeal – Appendix IV - pro se)

New Jersey Judiciary

Superior Court - Appellate Division

Notice of Appeal

Type or clearly print all information. Attach additional sheets if necessary.

(1)

Title in Full (As Captioned Below)

(2)

Attorney/Law Firm/Pro Se Litigant

Name

Street Address

City

State

Zip

Telephone Number

Email Address:

On Appeal from

(3)

Trial Court Judge

(4)

Trial Court or State Agency

(5)

Trial Court or Agency Number

Notice is hereby given that (6) , appeals to the Appellate

Division from a (7) Judgment or Order entered on , in the (select one)

Civil,

Criminal, or

Family Part of the Superior Court

Tax Court

or from a

State Agency decision entered on .

(8)

If not appealing the entire judgment, order or agency decision, specify what parts or paragraphs are being

appealed.

(9)

Have all issues, as to all parties in this action, before the trial court or agency been

disposed of? (In consolidated actions, all issues as to all parties in all actions

must have

been disposed of.)

Yes

If not, has the order been properly certified as final pursuant to R. 4:42-2?

Yes

For criminal, quasi-criminal and juvenile actions only:

(10A)

Give a concise statement of the offense and the judgment including date entered and any sentence or

disposition imposed:

(10B)

This appeal is from a

conviction

post-judgment motion

post-conviction relief.

If post-conviction relief, is it the

1st

2nd

other

specify

(10C)

Is defendant incarcerated?

Yes

Was bail granted or the sentence or disposition stayed?

Yes

(10D)

If in custody, name the place of confinement:

Defendant was represented below by:

Public Defender

self

private counsel

specify

Save All Forms

Print All Forms

Clear All Forms

Form A

Revised 09/01/2019, CN 10837 page 17 of 32

Revised 07/27/2018 to be effective 09/01/2018, CN 10502 (Notice of Appeal – Appendix IV - pro se)

(11)

Notice of appeal and attached case information statement have been served where applicable on the

following:

Name

Date of Service

Trial Court Judge

Trial Court Division Manager

Tax Court Administrator

State Agency

Attorney General or Attorney for other

Governmental body pursuant to

R. 2:5-

1 (a),

(d) or (g)

Other parties in this action:

Name and Designation

Attorney Name, Address and Telephone No.

Date of Service

(12)

Attached transcript request form has been served where applicable on the following:

Date of Service

Appellate Division Transcript Office

Clerk of the Tax Court

State Agency (name)

(13)

Exempt from submitting the transcript request form due to the following:

No verbatim record.

Transcript in possession of attorney or pro se litigant (four copies of the transcript must be submitted

along with an electronic copy).

List the date(s) of the trial or hearing:

Motion for abbreviation of transcript filed with the court or agency below. Attach copy.

Motion for transcript at public expense filed with the court below. Attach copy.

I certify that the foregoing statements are true to the best of my knowledge, information and belief. I also

certify that, unless exempt, the filing fee required by N.J.S.A. 22A:2-5 and Rule 1:43 has been paid.

(14)

(15)

Date

Signature of Attorney or Pro Se Litigant

How to Appeal a Trial Court, Tax Court or State Agency Decision

Revised 09/01/2019, CN 10837 page 18 of 32

Revised 07/27/2018 to be effective 09/01/2018, CN 10500 (Appellate Civil CIS – Appendix VII)

Instructions for Completing the Civil Case Information Statement (Form B1)

Use the Civil Case Information Statement for Civil, Family, Tax Court or State Agency appeals.

DO NOT use this form for Criminal appeals.

Please print legibly or type the information on the form. Enter the caption or title of the case as it appears on

the papers from the Trial Court or State Agency from which you are appealing.

Box# Instruction

Enter the complete caption or title of the case exactly as it appears on the papers from the trial court

or agency (for example, the complaint or indictment). ). It should include the names of all the

parties. Write all party names in full; do not use “et al.”

Enter the number assigned to the case by the trial court or agency from which you are appealing.

Appellant's Attorney: Enter your email address. Check the appropriate box indicating if you were

the “Plaintiff,” “Defendant,” or “Other” in the trial court or agency below. If you check “other”

please list your trial court or agency designation (for example “Petitioner” or “Intervenor”).

Because you are self-represented, enter your own name as the "client" as well as your address and

daytime telephone number. NOTE: If you are not an attorney at law admitted to practice in the

State of New Jersey, the only “CLIENT” whom you can represent is yourself.

Respondent's Attorney: Enter the names, addresses (including email addresses), and telephone

numbers of the attorneys who represented the other parties in the trial court or agency. Identify the

party the attorney represented under “client.” If the party was self represented, list his or her

contact information and write self-represented under “client.”

Briefly summarize the terms of the judgment, order or decision that is the subject of this appeal,

including its date, and attach a copy of the judgment, order or decision.

FINALITY INQUIRY: Answer whether there are any claims against any party below which have

not been disposed of (decided and closed). If the answer is “No,” and all claims have been

disposed, you may properly proceed with the filing of a Notice of Appeal. Proceed to section 7.

If you check “Yes,” you SHOULD NOT be filing a Notice of Appeal, but should instead be filing a

Motion for Leave to Appeal. The only exception may be if you are able to check "Yes" to the next

question, stating the order has been properly certified as final pursuant to Rule 4:42-2.

Answer whether any claims were dismissed without prejudice. If the answer is “Yes,” you must

explain any agreement concerning future disposition of those claims in the trial court or agency.

Check the appropriate box if your appeal challenges the validity of a statute (state law), executive

order, franchise or provision of the New Jersey Constitution. That means you are arguing a statute,

executive order, franchise or provision of the New Jersey Constitution is illegal. If you check

“Yes,” you must serve your Notice of Appeal and Case Information Statement on the Attorney

General of New Jersey.

Briefly summarize what happened in the trial court, Tax Court or state agency before you filed your

appeal.

List the issues that you plan to raise in your appeal. For example, list the legal arguments you plan

to raise in your appellate brief.

How to Appeal a Trial Court, Tax Court or State Agency Decision

Revised 09/01/2019, CN 10837 page 19 of 32

Revised 07/27/2018 to be effective 09/01/2018, CN 10500 (Appellate Civil CIS – Appendix VII)

10.

If applicable to your case, check the appropriate box to answer whether the trial judge issued oral or

written findings or an opinion and, if “Yes,” set forth on what date. If you select “No” for either of

these questions, contact the trial judge and ask whether s/he will be filing a statement or opinion

and check the appropriate box. List the date you contacted the judge on the line.

11.

Answer whether you or anyone you know of has an appeal that is pending or about to be brought

before the Appellate Division that involves substantially the same case or controversy as your

appeal (for example, the same parties). If you cannot answer “Yes” or “No,” you may write

“Unknown.”

12.

Answer whether you know of any other appeal that is pending or about to be brought before the

Appellate Division that involves an issue similar to or related to an issue in your appeal. If you

cannot answer “Yes” or “No,” you may write “Unknown.”

13.

Answer whether there was a prior appeal in the Appellate Division involving the case you are

currently appealing.

14.

List the case name and Appellate Division docket number for any appeal indicated in 11, 12 or 13

above.

15.

Check the appropriate box as to whether you think the case may benefit from a Civil Appeals

Settlement Program conference (mediation) and explain your answer.

16.

Read and note the statement regarding the posting of all opinions on the Internet.

17.

Read and note the statement that you are certifying to regarding the redacting (blackening out) of

all confidential personal identifiers in court documents. Confidential personal identifiers include

Social Security, driver's license, vehicle plate, insurance policy and active financial account/credit

card numbers. Rule 1:38-7 can be found on the Judiciary's Internet site njcourts.gov.

18.

Print your name on the line marked Name of Appellant or Respondent.

19.

Print your name on the line marked Name of Counsel of Record since you are representing yourself.

20.

Enter the date on the line marked Date.

21.

Sign your name on the line marked Signature of Counsel of Record.

Form B1

Revised 09/01/2019, CN 10837 page 20 of 32

Revised 07/27/2018 to be effective 09/01/2018, CN 10500 (Appellate Civil CIS – Appendix VII)

New Jersey Judiciary

Superior Court - Appellate Division

Civil Case Information Statement

Please type or clearly print all information.

Title in Full

(1)

Trial Court or Agency Docket Number

(2)

● Attach additional sheets as necessary for any information below.

(3)Appellant’s Attorney

Email Address:

Plaintiff

Defendant

Other

(Specify)

Name

Client

Street Address

City

State

Zip

Telephone Number

(4)Respondent’s Attorney*

Email Address:

Name

Client

Street Address

City

State

Zip

Telephone Number

* Indicate which parties, if any, did not participate below or were no longer parties to the action at the time of entry of

the judgment or decision being appealed.

(5)Give Date and Summary of Judgment, Order, or Decision Being Appealed and Attach a Copy:

(6) Are there any claims against any party below, either in this or a consolidated action, which have not

been disposed of, including counterclaims, cross-claims, third-party claims and applications for

counsel fees?

Yes No

If so, has the order been properly certified as final pursuant to R. 4:42-

2? (If not, leave to appeal must

be sought. R. 2:2-4,2:5-6)

Yes No

(If the order has been certified, attach, together with a copy of the order, a copy of the complaint

or any other relevant pleadings and a brief explanation as to why the order qualified for

certification pursuant to

R. 4:42-2.)

Were any claims dismissed without prejudice?

Yes

If so, explain and indicate any agreement between the parties concerning future disposition of

those claims.

(7) Is the validity of a statute, regulation, executive order, franchise or constitutional provision of this

State being questioned? (R. 2:5-1(g))

Yes

(8)Give a Brief Statement of the Facts and Procedural History:

Form B1

Revised 09/01/2019, CN 10837 page 21 of 32

Revised 07/27/2018 to be effective 09/01/2018, CN 10500 (Appellate Civil CIS – Appendix VII)

(9) To the extent possible, list the proposed issues to be raised on the appeal as they will be described in appropriate

point headings pursuant to R. 2:6-2(a)(6). (Appellant or cross-appellant only.):

(

10) If you are appealing from a judgment entered by a trial judge sitting without a jury or from an order of the trial court,

complete the following:

Did the trial judge issue oral findings or an opinion? If so, on

what date?

Yes

Did the trial judge issue written findings or an opinion? If so, on what date?

Yes

Will the trial judge be filing a statement or an opinion pursuant to R. 2:5-1(b)?

Yes

Caution:

Before you indicate that there was neither findings nor an opinion, you should inquire of the trial judge to

determine whether findings or an opinion was placed on the record out of counsel’s presence or whether the judge

will be filing a statement or opinion pursuant to R. 2:5-1(b).

Date of Your Inquiry:

Is there any appeal now pending or about to be brought before this court which:

(11)

(A)

Arises from substantially the same case or controversy as this appeal?

Yes

(12)

(B)

Involves an issue that is substantially the same, similar or related to an issue in this appeal?

Yes

(13)

2. Was there any prior appeal involving this case or controversy?

Yes

(14) If the answer to either 1 or 2 above is Yes, state:

Case Name:

Appellate Division Docket Number:

Civil appeals are screened for submission to the Civil Appeals Settlement Program (CASP) to determine their potential

for settlement or, in the alternative, a simplification of the issues and any other matters that may aid in the disposition

or handling of the appeal. Please consider these when responding to the following question. A negative response will

not necessarily rule out the scheduling of a preargument conference.

(15) State whether you think this case may benefit from a CASP conference.

Yes

Explain your answer:

(16)

Whether or not an opinion is approved for publication in the official Court Reporter books, the Judiciary posts all

Appellate Division opinions on the Internet.

7) I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and

will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).

(18)

(19)

Name of Appellant or Respondent

Name of Counsel of Record

(or your name if not represented by counsel)

(20)

(21)

Date

Signature of Counsel of Record

(or your signature if not represented by counsel)

How to Appeal a Trial Court, Tax Court or State Agency Decision

Revised 09/01/2019, CN 10837 page 22 of 32

Revised 07/27/2018 to be effective 09/01/2018, CN 10501 (Appellate Criminal CIS – Appendix VIII)

Instructions for Completing the Criminal Case Information Statement (Form B2)

Use the Criminal Case Information Statement for appeals from a Superior Court Criminal Division judgment

or order; or for a finding of juvenile delinquency. DO NOT use this form for civil or agency appeals (for

example, appeals from the Department of Corrections).

Please print legibly or type the information on the form.

Box# Instruction

Enter the complete caption of the case exactly as it appears on the papers from the trial court (for

example, the complaint, accusation or indictment). Include middle initials in names to match the

complaint, accusation or indictment. Write all party names in full; do not use “et al.”

Enter the number assigned to the case by the trial court from which you are appealing. For example,

the complaint, accusation or indictment number.

Appellant's Attorney: Enter your email address. Check the appropriate box indicating you were the

"Defendant" in the trial court. If you check “other” please note your trial court designation.

Because you are self-represented, enter your own name as the "client" as well as your address and

daytime telephone number. NOTE: If you are not an attorney at law admitted to practice in the

State of New Jersey, the only “CLIENT” whom you can represent is yourself.

Respondent's Attorney: Enter the name, address (including any email address), and telephone

number of the county prosecutor's office (or deputy attorney general) that represented the State of

New Jersey in the trial court, and, in adult criminal appeals, the name, address and telephone

number of the Office of the Attorney General, Division of Criminal Justice, Appellate Section. See

Rule 2:5-1. The "CLIENT" is the State of New Jersey.

Briefly summarize the terms of the judgment or order being appealed, including its date, and attach

a copy of the judgment or order.

Answer whether there are any issues below involving you that have not been disposed of (for

example, a motion for a new trial). If the answer is “No,” then you may properly proceed with the

filing of a Notice of Appeal.

If the answer is “Yes,” you SHOULD NOT be filing a Notice of Appeal but should instead be filing

a Motion for Leave to Appeal.

Check the appropriate box if your appeal challenges the validity of a statute (state law), executive

order, franchise or provision of the New Jersey Constitution. That means you are arguing a statute,

executive order, franchise or provision of the New Jersey Constitution is illegal or invalid. If you

check “Yes,” you must serve your Notice of Appeal and Case Information Statement on the

Attorney General of New Jersey.

Answer whether you are presently confined or on bail. Set forth any SBI number and your date of

birth.

Answer whether the issue(s) involve only whether the trial court imposed a proper sentence.

How to Appeal a Trial Court, Tax Court or State Agency Decision

Revised 09/01/2019, CN 10837 page 23 of 32

Revised 07/27/2018 to be effective 09/01/2018, CN 10501 (Appellate Criminal CIS – Appendix VIII)

10.

If there are co-defendants in your case, set forth their names* and check the appropriate box for

whether or not they were tried with you or shared any pretrial motion.

* (If the co-defendants are juveniles who were not waived up to the Law Division, use only

their initials.)

11.

Briefly summarize the facts and the procedural history of the case. For example, what happened in

the trial court before you filed your appeal.

12.

List the issues that you plan to raise in your appeal. For example, list the legal arguments you plan

to raise in your appellate brief.

13.

If applicable to your case, check the appropriate box to answer whether the trial judge issued oral or

written findings or an opinion and, if “Yes,” set forth on what date. If you select “No” for either of

these questions, contact the trial judge and ask whether s/he will be filing a statement or opinion,

and check the appropriate box. List the date you contacted the judge.

14.

Check applicable box. For example, do any co-defendants (or other parties to your case) have an

appeal that is pending or about to be brought before the Appellate Division? If you cannot answer

“Yes” or “No,” you may write “Unknown.”

15.

Check the applicable box to answer whether you know of any other appeal that is pending or about

to be brought before the Appellate Division that involves an issue similar to or related to an issue in

your appeal. If you cannot answer “Yes” or “No,” you may write “Unknown.”

16.

Check the applicable box to answer whether there was a prior appeal in the Appellate Division,

which appeal is now closed, involving this same case.

17.

List the case name, type and Appellate Division docket number for any appeal indicated in 14, 15 or

16 above.

18.

Read and note the statement regarding the posting of all opinions on the Internet.

19.

Read and note the statement that you are certifying to regarding the redacting (blackening out) of all

confidential personal identifiers in court documents. Confidential personal identifiers include Social

Security, driver's license, vehicle plate, insurance policy and active financial account/credit card

numbers. Rule 1:38-7 can be found on the Judiciary's Internet site njcourts.gov.

20.

Print your name on the line marked Name of Appellant or Respondent.

21.

Print your name on the line marked Name of Counsel of Record since you are representing yourself.

22.

Enter the date on the line marked Date.

23.

Sign your name on the line marked Signature of Counsel of Record.

Form B2

Revised 09/01/2019, CN 10837 page 24 of 32

Revised 07/27/2018 to be effective 09/01/2018, CN 10501 (Appellate Criminal CIS – Appendix VIII)

New Jersey Judiciary

Superior Court - Appellate Division

Criminal Case Information Statement

(For use in Criminal, Quasi-Criminal and Juvenile Actions)

Please type or clearly print all information.

Title in Full

(1)

Trial Court Docket Number

(2)

(3)Appellant’s Attorney

Email Address:

Plaintiff

Defendant

Other (Specify)

Name

Client

Mailing Address

City

State

Zip

Telephone Number

(4)Respondent’s Attorney

Email Address:

Name

Client

Mailing Address

City

State

Zip

Telephone Number

(5) Give Date and Summary of Judgment or Order Being Appealed and Attach a Copy:

(6) Are there any issues below in this action involving defendant which have not been disposed of?

(If so, leave to appeal must be sought. R. 2:2-4, 2:5-6)

Yes

(7) Is the validity of a statute, regulation, executive order, franchise or constitutional provision of this

State being questioned? (R. 2:5-1(g))

Yes

(8) Is defendant presently confined?

Yes

If not, is defendant on bail?

Yes

Provide any State Bureau of Identification (SBI) number and date of birth:

(9) Will the issue(s) in this appeal involve only whether the trial court imposed a proper sentence?

If so, briefs shall not be filed without leave of court. (R. 2:9-11)

Yes

Are there co-defendants?

(10)

If so, state their names and whether they were tried with the defendant or shared any pretrial motion.

Yes

(11) Give a Brief Statement of the Facts and Procedural History:

Form B2

Revised 09/01/2019, CN 10837 page 25 of 32

Revised 07/27/2018 to be effective 09/01/2018, CN 10501 (Appellate Criminal CIS – Appendix VIII)

(12)To the extent possible, list the proposed issues to be raised on the appeal as they will be described in appropriate

point headings pursuant to R. 2:6-2(a)(6). (Appellant or cross-appellant only.):

(

13) If you are appealing from a judgment entered by a trial judge sitting without a jury or from an order of the trial court,

complete the following:

Did the trial judge issue oral

findings or an opinion? If so, on what date?

Yes

Did the trial judge issue written findings or an opinion? If so, on what date?

(Attach a copy.)

Yes

Will the trial judge be filing a statement or an opinion pursuant to R. 2:5-1(b)?

Yes

Caution:

Before you indicate that there was neither findings nor an opinion, you should inquire of the trial judge to

determine whether findings or an opinion was placed on the record out of

counsel’s presence or whether the judge

will be filing a statement or opinion pursuant to R. 2:5-1(b).

Date of Your Inquiry:

1. Is there any case now pending or about to be brought before this court which:

(14)

(A)

Arises from substantially the same case or controversy as this appeal?

Yes

(15)

(B)

Involves an issue that is substantially the same, similar or related to an issue in this appeal?

Yes

(16)

2. Was there any prior appeal involving this case or controversy?

Yes

(17) If the answer to either 1 or 2 above is Yes, state:

Case Name and Type (direct, 1st PCR, other, etc.):

Appellate Division Docket Number:

8) Whether or not an opinion is approved for publication in the official Court Reporter books, the Judiciary posts all

Appellate Division opinions on the Internet.

9) I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and

will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).

(20)

(21)

Name of Appellant or Respondent

Name of Counsel of Record

(or your name if not represented by counsel)

(22)

(23)

Date

Signature of Counsel of Record

(or your signature if not represented by counsel)

How to Appeal a Trial Court, Tax Court or State Agency Decision

Revised 09/01/2019, CN 10837 page 26 of 32

Revised Instructions 09/01/2019, CN 10504 County Transcript Offices: http://www.njcourts.gov/forms/11948_transcript_offices.pdf

Appellate Transcript Ordering Information

Transcripts are the written record of exactly what was said

during court. Judges review transcripts to know what has

occurred previously and to assist in making a decision on the

case.

There are two types of transcripts: appeal and non-appeal.

The simple difference is appeal transcripts are usually

mandatory and are ordered during the appeal process. You

cannot order appeal transcripts if you do not have an appeal

pending with the Appellate Court. Non-appeal transcripts are

used for reasons other than an appeal or to review your matter

prior to appealing. Non-Appeal transcripts can be used in

your appeal later as long as they are the complete record for

that date (not an excerpt) and were completed by a certified

transcriber.

For Appeal cases, the party who is filing the appeal (or cross-

appeal) is responsible for finding out the transcript dates

needed for their case and ordering them. Failure to order or

submit transcript(s) can result in the dismissal of your appeal.

If you previously ordered complete and certified transcript

dates for other uses, they can be uploaded into your case

without repurchasing. Transcripts are the only record that is

admissible in court.

NOTE: These procedures explain how to order

transcript(s) for an appeal of a Superior Court (trial court)

and Tax Court decision. Transcripts originating from a

State Agency or a municipal court must be ordered through

those entities individually by you and not through the

Appellate or Local County Transcript office.

Ordering Process for Self-Represented Litigants

Self-represented litigants who are not represented by an

attorney must order their transcripts using the Court Transcript

Request Form attached. If the Superior Court transcript is for

non-appeal purposes or you wish to review your case prior to

appealing, you would send the Court Transcript Request Form

to the local county transcript office where the case originated.

If the Tax Court transcript is for non-appeal purposes, you

would send the Court Transcript Request Form to the

Appellate Division Transcript Unit. If the Superior Court or

Tax Court transcript is for appeal, you would send the Court

Transcript Request Form to Appellate Division Transcript

Unit.

Ordering Process for Attorneys:

Attorneys must order their Superior Court and Tax Court

appeal transcript(s) through eCourts Appellate, no paper

transcript request forms will be accepted from attorneys.

Please read the Notice to the Bar (Appellate Division) and

Notice to the Bar (Tax Court) for more information. Any

attorney without a current appeal (for example, attorneys who

are not ordering a transcript at the same time as filing an

appeal) must order their Superior Court transcript(s) as non-

appeal through the local county transcript office where the

case originated. If ordering a Tax Court transcript as non-

appeal you would email it over to Appellate Division

Transcript Unit.

Attorneys can e-file using the link below and entering their

Bar ID and password for access.

For Appellate e-Filing Help contact:

609-815-2950 x 52590 or email at

NJeDATAnotices.mailbox@njcourts.gov

Appellate Contact Info for Appeal Requests

Email: appeal-trans.mailbox@njcourts.gov

Phone: 609-376-3040 Fax: 609-815-2949

Mail to:

Appellate Division

Transcript Unit

Hughes Justice Complex

PO Box 968

Trenton, NJ 08625-0968

Contact Info for Non-Appeal Requests

When using the electronic version of the Court Transcript

Request Form, select the county where the case originated or

tax court. When selected it will populate that county's or tax

court's information: Address, Email and Phone Number.

(Please note: If you are filing out the Court Transcript Request

Form digitally please be sure to use Adobe Reader to properly

access the features of the form.)

County Transcript Processing Offices

What happens after you order a transcript:

1. Standard orders are processed in the order they are received.

Daily and Expedited orders are given priority.

2. The appropriate Transcript Office will contact a transcription

agency or court reporter to transcribe the requested court

proceeding.

3. The agency or court reporter will contact you to request a

deposit before starting your request.

4. The agency or court reporter must receive your deposit before

starting on your request. The start time for completion of your

order begins once you make your deposit.

5. Once your transcripts are completed, for Appeals they will be

sent to the Appellate Division Transcript Unit. Attorneys can

retrieve a copy through eCourts Appellate. Self-represented

litigants will be mailed a copy on CD. For Non-Appeal

transcripts, the transcription agency or court reporter will

directly send you the completed transcripts.

Attorney Login

Form C

Revised 09/01/2019, CN 10837 page 27 of 32

Revised Form Promulgated by 03/15/2019 Notice to the Bar, CN 10504 County Transcript Offices: http://www.njcourts.gov/forms/11948_transcript_offices.pdf

New Jersey Judiciary

Superior Court-Appellate Division

Court Transcript Request (R. 2:5-3)

Transcript order is for: Non-Appeal

→

File with:

Appeal*

→

File with

: Appellate Division Clerk's Office, Transcript Unit

Hughes Justice Complex

, P.O. Box 968

Trenton, NJ 08625

-0968

Appeal-Trans.Mailbox@NJCourts.Gov (609) 376-3040

Type of Service:

*See attached cost estimates and transcript ordering instructions.

Standard (30 Days) Expedited (7 Days) Daily (Next Business Day)

Plaintiff(s)

Trial Court Docket/Indictment #

Defendant(s)

County/Court

Requesting Party

Attorney (For non-appeals only)

Self-Represented Litigant

Name

Email Address

Phone Number

Address

Name of Law firm (if applicable)

City

State

Zip

Date(s) of Proceeding

Type(s) of Proceeding (e.g. trial, sentencing, motion, etc.)

Name of Judge(s)

*NOTE: Attorneys may only use this paper form for non-appeal transcript requests. To order transcripts for appeal (for example,

transcripts not already in attorney possession), attorneys must complete a system-generated transcript request form through the eCourts

Appellate system. See Notice to the Bar, Mandatory Appellate Division Electronic Filing for All Case Types (September 26, 2017).

Signature of Requesting Party

Date

You may request a particular transcript agency if the transcript was not previously ordered and prepared. Submit your deposit for transcript(s)

directly to the transcription agency or court reporter who will be preparing your transcript(s).

- Select County -

Form C

Revised 09/01/2019, CN 10837 page 28 of 32

Revised 12/2018, CN 12188

Estimated Costs for Transcripts

THIS CHART IS FOR ESTIMATION PURPOSES ONLY

Only the transcript agency can provide you with the actual cost of your transcript

NOTE: An order granting relief to proceed as an indigent does not entitle you to transcripts at public

expense. Transcripts at public expense are typically granted only in criminal cases where the defendant

qualifies for that relief. For additional questions, please contact your case manager.

DO NOT EXPECT TO RECEIVE TRANSCRIPTS AT PUBLIC EXPENSE FOR A CIVIL OR FAMILY APPEAL

STANDARD

EXPEDITED

DAILY

(30 Calendar Days) (7 Calendar Days) (Next Business Day)

Original Only

$4.29/page

$6.44/page

$8.58/page

30 Minutes $125 $200 $300

Up to 1 Hour $250 $375 $500

Up to 2 Hours $500 $750 $1000

Up to ½ Day (3 hours) $775 $1150 $1500

Full Day (6 hours) $1550 $2300 $3100

Please Note:

Additional copies are no longer required per rule relaxation of R. 2:5-3 dated October 10, 2018. However, if a

litigant chooses to do so, additional copies may be ordered at the following rates:

Type of

Service

Transcript to Be

Provided Within

Fee for Additional

Copy of Transcript

Standard

30 calendar days

$0.72 per page

Expedited

7 to 10 calendar days

$1.08 per page

Daily

next calendar day

$1.44 per page

• The above calculations are based on the current page rates (as set by NJ Statute 2B:7-4) which are

effective through July 1, 2020.

• An agency will not begin work on your transcript until they receive the estimated cost from the ordering

party.

• The cost for a transcript is based upon the estimated number of pages that will comprise the final

transcript. A refund or balance due will be settled upon completion of a transcript (R. 2:5-3(d)).

How to Appeal a Trial Court, Tax Court or State Agency Decision

Revised 09/01/2019, CN 10837 page 29 of 32

Revised: 06/2018, CN 10503 (Appellate Notice of Motion)

Instructions for Completing the Notice of Motion (Form D)

Please print legibly or type the information on the form.

Box# Instruction

Enter your name, address and daytime telephone number.

Enter the Appellate Division Docket Number of the appeal. If you do not yet have an Appellate

Division Docket Number, leave the line blank, and in the space below enter the number assigned

the case by the trial court or agency from which you are appealing.

Enter the complete caption or title of the case exactly as it appears on the papers from the trial court

or agency (for example, the complaint). Do not use “et al.”

Enter the specific relief (or reliefs) that you are seeking from the Appellate Division, in just a few

words. For example, “Fee Waiver” or “Stay Pending Appeal.”

Enter your adversary's name, and if represented by an attorney, his or her attorney's name. List

your adversary's address, unless represented, then list the attorney's address.

Select whether you are supporting your motion with a brief and appendix or a certification.

Copies: Note that you must file the original and 4 copies of your motion with the Appellate

Division Clerk's Office, 25 Market St., P.O. Box 006, Trenton, NJ 08625-0006. At the same time

you must serve 2 copies of your motion on all the parties to your case* and attach a Certification of

Service (CN 12227). Remember to keep a copy for your records.

*NOTE: Some motions must also be served on the trial judge or agency from which you are

appealing; these include a Motion for Leave to Appeal, a Motion to Extend Time to file Notice of

Appeal and any motion that is filed with your appeal.

Enter the date on the line marked Date.

Sign your name on the line marked Signature.

10.

Type or print your name on the line marked Print Name.

Form D

Revised 09/01/2019, CN 10837 page 30 of 32

Revised: 06/2018, CN 10503 (Appellate Notice of Motion)

(1)

(2)

Superior Court of New Jersey

(Your Name)

Appellate Division Docket Number

A-

(Address)

Number assigned by trial/tax court or

(Telephone Number and e-mail address)

agency (if no Appellate Docket Number):

Notice of Motion for

(3)

(4)

(5) T

(Name of adversary and attorney, if represented)

(Address – use attorney's address if represented)

(6) PLEASE TAKE NOTICE that the undersigned hereby moves before the Superior Court

of New Jersey, Appellate Division, for an Order granting the above-listed relief(s). In support of

this motion, I shall rely on the attached:

☐ brief and appendix

☐ certification (procedural motions only)

(7) I am filing the original and 4 copies of my motion with the Clerk of the Appellate

Division, and serving 2 copies of my motion on all of the parties to the above-captioned matter.

Attached is a copy of my Certification of Service. RESPONDING PARTIES: Per Rule 2:8-1,

answers to this motion should be filed with the Clerk of the Appellate Division within 10 days of

your receipt of this motion unless otherwise directed by the Clerk.

(8)

(9)

(Date)

(Your Signature)

(10)

(Print your name)

How to Appeal a Trial Court, Tax Court or State Agency Decision

Revised 09/01/2019, CN 10837 page 31 of 32

Published 06/2018, CN 12227

Instructions for Completing the Certification of Service (Form E)

Please print legibly or type the information on the form.

Box# Instruction

Enter your name, address, daytime telephone number and email address.

Enter the complete caption or title of the case exactly as it appears on the papers from the trial court

or agency. Write all party names in full; do not use “et al”.

Enter the Appellate Division docket number of the appeal. If you do not have an Appellate Division

docket number, leave the line blank, and in the space below, enter the number assigned the case by

the trial court or agency from which you are appealing. You may not have an Appellate Division

docket number if you are filing the motion simultaneously with your Notice of Appeal, or if you are

filing a Motion for Leave to Appeal.

List all the documents you are serving on the other parties to the appeal (for example, notice of

motion, certification, brief, etc.).

Select the method(s) of service. If you select "other," you must explain what method of service you

are using (for example, email, fax), and whether there is consent to that method of service. There

must be consent of the receiving party to use a method of service other than mail or hand

delivery. By signing the certification of service form, you are certifying to the Appellate Division

that there is consent for the alternate method of service.

If you are serving by e-mail or fax, you must provide the e-mail address or fax number of the

receiving party. If you are serving by registered or certified mail, you are not required to file the

return receipt card unless otherwise ordered by the court.

List each party you are serving along with the address to which you are serving the document(s) on.

If the party is represented by an attorney, you serve the attorney with the document(s). If you are

serving by e-mail or fax, you must provide the e-mail address or fax number of the receiving party.

Please read this Rule 1:4-4(b) certification language carefully. By signing the Certification of

Service form, you are agreeing to that language.

Enter the date on the line marked Date.

Sign your name on the line marked Signature.

10.

Type or print your name on the line marked Print Name.

Form E

Revised 09/01/2019, CN 10837 page 32 of 32

Published 06/2018, CN 12227

(1)

Certification of Service

Name (first, middle, last)

Address

City, State, Zip Code

Telephone Number

and E-mail Address

(2)

(3)

Superior Court of New Jersey

Appellate Division

Docket Number:

v. OR

Number assigned by trial/tax court or agency

(if no Appellate Division Docket Number):

(4)

I certify that on , I served two copies of the following document(s):

(5)

By: (select all that apply):

hand delivery

regular mail to last known address

registered or certified mail, return receipt, to last known address

other*

*Note: There must be consent of receiving party to use a method of service other than mail or hand

delivery.

BY SIGNING THIS FORM, YOU ARE CERTIFYING THAT THERE IS CONSENT.

If serving by e-mail or fax, provide the receiving party's e-mail address or fax number below:

(6)

on the following parties, or their attorney if represented, in the above-captioned matter

(Name of party and party's attorney, if represented)

(Address – use attorney's address if represented)

(City, State & Zip Code)

(7)

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing

statements made by me are willfully false, I am subject to punishment.

(See Rule 1:4-4(b))

(8)

(9)

Date

Signature

(10)

Print Name

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