Fillable Municipal Court Services How to Appeal a Decision (Township of South Brunswick)

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Municipal Court Services How to Appeal a Decision (Township of South Brunswick)

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Municipal Court Services
How to Appeal a Decision of a Municipal Court
Updated November 2014
HOW TO USE THIS ONLINE
This form can be filled out on your screen, saved to your local
drive, and printed out on your local printer or it can be printed
out on your local printer for completion by hand or typewriter.
The information you enter is NOT
submitted electronically.
Revised: 11/2014, CN 10559-English (How to Appeal a Decision of a Municipal Court) page 1 of 8
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 Steps 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, please
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
www.njcourts.com. 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-English (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 explain and answer questions about how to
fill out forms
− We can provide you with samples of court forms that
are available.
− We can provide you with guidance on how to fill out
forms.
− We can usually answer 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-English (How to Appeal a Decision of a Municipal Court) page 3 of 8
6 STEPS FOR FILING YOUR 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.
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.
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 the Certification of Timely Filing (FORM C) 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.
STEP 6: Mail or deliver a copy of FORM A
(Notice of Municipal Court Appeal) and the
original of the 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.
Form A
STATE OF NEW JERSEY
NOTICE OF MUNICIPAL COURT APPEAL
v. Superior Court of
(Title of Action)
MunicipalCourt Ticket or Complaint #. (refer to ticket or complaint):
Your Name: Lawyer’s Name (If applicable):
Your Address: Lawyer’s Address (if appl):
Contact Phone #: ( ) - Lawyer’s # (if appl): ( ) -
If you were represented by a lawyer, was he/she appointed by the court? Yes or No (check one)
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:
__ No Fine was Assessed, or
A Fine was Assessed and:
__ has been paid
__ has not been paid
__ has been stayed pending appeal
In connection with this outcome:
__ No Jail Term was Imposed, or
A Jail Term was Imposed:
__ however, I am not in jail
__ I am in jail confined at the following facility:
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)
Revised 11/2014, CN 10559-English (How to Appeal a Decision of a Municipal Court) page 4 of 8
Print All Forms
Clear All Forms
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):
Total Copies Ordered
Your name: Address:
Telephone #: ( ) -
I agree to pay for the preparation and all copies ordered of the transcript.
_______________________________________________ _______________________
(Your Signature) (Date)
(Type or Print your name)
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)
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)
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.
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.
I certify that the foregoing statements made by me are true. I am aware that if any of these statements made
by me are not true, I am subject to punishment.
_____________________________________________________ ________________________
(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 Appea
l).
(a) Name:
Address:
(b) Name:
Address:
(c) Name:
Address:
Revised 11/2014, CN 10559-English (How to Appeal a Decision of a Municipal Court) page 6 of 8
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 7 of 8
Determining the Prosecuting Attorney
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
Revised: 01/02/2014 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
609-909-8148
Bergen County
Criminal Division Manager
Bergen County Courthouse
10 Main Street, Room 116
Hackensack, NJ 07601
201 - 527-2409
Burlington County
Criminal Division Manager
Burlington Courts Facility
50 Rancocas Rd. -3rd Fl.
Mount Holly, NJ 08060
609-518-2578
Camden County
Criminal Division Manager
Camden County Hall of Justice
101 So. Fifth St., Rm 380
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
609-463-6550
Cumberland County
Assistant Criminal Division Manager
60 West Broad Street
Bridgeton, N.J. 08302
856-453-4300
Essex County
Criminal Division Manager
Essex County Veterans Courthouse
50 West Market Street
Newark, NJ 07102
973-693-5974
Gloucester County
Criminal Division Manager
Gloucester County Justice
Complex
70 Hunter Street
Woodbury, NJ 08096
856-686-7500
Hudson County
Criminal Records Office
Hudson County Admin. Building
595 Newark Ave., Room 101
Jersey City, NJ 07306
201-217-5217
Hunterdon County
Municipal Appeals Clerk
Hunterdon County Criminal
Division
Hunterdon County Justice
Center
65 Park Avenue
Flemington, NJ 08822
908-237-5851
Mercer County
Criminal Division Manager
Mercer County Courthouse
209 So. Broad St.
Trenton, NJ 08650
609-571-4104
Middlesex County
Criminal Division Manager
Middlesex County Courthouse
56 Paterson St.
P.O. Box 964
New Brunswick, NJ 08903
732-519-3837
Monmouth County
Municipal Appeals Clerk
Monmouth County Courthouse
Court St., East Wing, 1st Fl.
Freehold, NJ 07728
732-677-4562
Morris County
Criminal Division Manager
Morris County Courthouse
Washington St.
Morristown, NJ 07960
973-326-6950
Ocean County
Criminal Case Processing
Ocean County Justice Complex
120 Hooper Ave., Room 220
Toms River, NJ 08753
732-929-4780
Passaic County
Criminal Division Manager
Passaic County Courthouse
77 Hamilton Street
Paterson, NJ 07505
973-247-8344
Salem County
Assistant Criminal Division Manager
Salem County Court House
92 Market Street
Salem, NJ 08079
856-878-5050 x.15851
Somerset County
Criminal Division Manager
Somerset County Courthouse - 2nd Fl.
20 North Bridge Street, P.O. Box 3000
Somerville, NJ 08876
908-231-7666
Sussex County
Municipal Appeals Clerk
Criminal Division
Sussex County Judicial Complex
43-47 High Street
Newton, NJ 07860
973-579-0913
Union County
Criminal Division Manager
Union County Courthouse
Tower Bldg., 7th Fl., 2 Broad St.
Elizabeth, NJ 07207
908-659-4662
Warren County
Municipal Appeals Clerk
Warren County Criminal Division
P.O. Box 900
Belvidere, NJ 07823
908-475-6990
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Municipal Court Services How to Appeal a Decision (Township of South Brunswick)

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