New Jersey Notice of Appeal to the Appellate Division

NOTICE OF APPEAL TO THE APPELLATE DIVISION

Superior Court of New Jersey — Appellate Division

1. COURT CAPTION

Superior Court of New Jersey, Appellate Division

NOTICE OF APPEAL

Appellate Division docket no.: [________________________________]

Trial court docket no.: [________________________________]

Judge below: Hon. [________________________________]

2. ATTORNEY / PARTY INFORMATION

[________________________________] (Attorney ID No. [________])
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], New Jersey [________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

Attorney for [☐ Appellant / ☐ Cross-Appellant]
[________________________________] (Client Name)

Pro Se Litigant (if applicable):
[________________________________] (Full Legal Name)
[________________________________] (Street Address)
[________________________________], New Jersey [________]
Telephone: [________________________________]
Email: [________________________________]

3. NOTICE OF APPEAL

TO THE CLERK OF THE SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that [________________________________] ("Appellant"), the [☐ Plaintiff / ☐ Defendant / ☐ Third-Party Defendant / ☐ Intervenor] in the above-captioned matter, hereby appeals to the Superior Court of New Jersey, Appellate Division, from the:

☐ Final Judgment
☐ Final Order
☐ Interlocutory Order (by leave granted)
☐ Order of the _________________________ (administrative agency)

[☐ entered on [__/__/____] by the Honorable [________________________________], J.S.C., in the Superior Court of New Jersey, [☐ Law Division / ☐ Chancery Division / ☐ Family Division], [________________________________] County / ☐ issued on [__/__/____] by [STATE AGENCY NAME] and served or noticed on [__/__/____]].

Description of Judgment or Order Appealed From:

[________________________________]
[________________________________]
[________________________________]

4. BASIS FOR APPELLATE JURISDICTION

Select the basis for this appeal and attach any order granting leave:

☐ R. 2:2-3(a)(1) — Final judgment of a trial division of the Superior Court
☐ R. 2:2-3(a)(2) — Final decision or action of a state administrative agency or officer, or review of the validity of its rule
☐ R. 2:2-3(a)(3) — Appeal as of right in another case provided by law (specify authority): [________]
☐ R. 2:2-3(b)[PARAGRAPH] — Specified nonfinal order appealable as of right: [DESCRIBE ORDER]
☐ R. 2:2-4 — Interlocutory order; Appellate Division granted leave to appeal on [__/__/____]
☐ Other: [________________________________]

Note on Finality: For purposes of R. 2:2-3(a)(1), a final judgment is one that resolves all issues as to all parties. If any claims or parties remain pending, this judgment may not be appealable as of right unless the trial court has entered an order pursuant to R. 4:42-2 certifying that there is no just reason for delay.

5. TIMELINESS OF APPEAL

Post-Judgment Motions Tolling the Appeal Period

Under R. 2:4-3(e), the time for appeal is tolled by the timely filing of certain post-judgment motions. Indicate which, if any, were filed:

☐ Motion for new trial or rehearing under R. 4:49-1 — Filed [__/__/____]; Decided [__/__/____]
☐ Motion to alter or amend judgment under R. 4:49-2 — Filed [__/__/____]; Decided [__/__/____]
☐ Other qualifying motion under R. 2:4-3(e) (specify rule): [________] — Filed [__/__/____]; Decided [__/__/____]
☐ No post-judgment tolling motions were filed

Deadline Calculation: Under R. 2:4-1(a), a trial court appeal generally must be filed within 45 days after entry of the judgment or order appealed from. For a state agency decision, R. 2:4-1(b) generally measures the 45 days from service of the decision or notice of the action. A timely motion listed in R. 2:4-3(e) pauses that period; only the unexpired time resumes when the order disposing of the motion is entered. A motion under R. 4:50-1 does not itself toll the appeal period. The Appellate Division may extend the deadline by up to 30 days upon a showing of good cause and absence of prejudice under R. 2:4-4(a).

6. DESIGNATION OF PARTIES ON APPEAL

7. ISSUES PROPOSED FOR APPELLATE REVIEW

List the proposed issues in the Civil Case Information Statement accompanying this notice, to the extent possible. Use the space below to draft those entries; the appellate brief will develop the arguments:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

8. CIVIL CASE INFORMATION STATEMENT (R. 2:5-1(f))

Appellant certifies that the completed Civil Case Information Statement (Form B1, CN 10500) accompanies this Notice of Appeal:

☐ Completed Form B1 is attached to this Notice of Appeal

Note: Failure to file the Civil Case Information Statement will result in the issuance of a deficiency notice and may lead to dismissal. The respondent must file a responsive Civil Case Information Statement within 15 days of service of the notice of appeal. See R. 2:5-1(f)(2).

9. TRANSCRIPT DESIGNATION AND ORDERING (R. 2:5-3)

A. Transcript Request

Appellant has requested the needed transcripts at the time of filing this Notice of Appeal, using Form C — Court Transcript Request (CN 10504) if self-represented, or the eCourts Appellate transcript request if represented by counsel, unless an exemption applies. Identify the proceedings requested and attach the request or explain the exemption on the notice. See R. 2:5-3(a) and the Judiciary's appellate kit:

B. Statement of Proceedings if a Verbatim Record Is Unavailable

☐ No verbatim record was made, or the record was lost, destroyed, or is otherwise unavailable. Appellant will prepare a statement of the evidence and proceedings from the best available sources and follow R. 2:5-3(f)'s service and trial-court settlement process. The parties may cooperate on the proposed statement.
☐ Not applicable — full transcripts are being ordered.

Note on References: The Judiciary’s brief checklist calls for transcript dates and numbered designations in the appellant’s procedural-history footnote, and numbered designations in transcript references in any brief (for example, 1T and 2T).

10. APPENDIX REQUIREMENTS (R. 2:6-1)

Under R. 2:6-1(a), the appellant's appendix must include:

☐ The judgment, order, or determination appealed from, including any jury verdict sheet
☐ Any opinions, findings of fact, or conclusions of law of the trial court
☐ The jury charge, if at issue
☐ The complete pretrial order, if any, and the pleadings in this civil action
☐ The notice of appeal and any amended notice
☐ Any unpublished opinion cited under R. 1:36-3
☐ All other parts of the record essential to proper consideration of the issues
☐ A table of contents with page references

Pagination: The appendix must be paginated with the prefix "Da" for defendant-appellant or "Pa" for plaintiff-appellant, followed by sequential page numbers (e.g., Da1, Da2, etc.).

Joint Appendix: Under R. 2:6-1(b), the parties may stipulate to a joint appendix to avoid duplication.

11. STAY PENDING APPEAL AND SUPERSEDEAS BOND (R. 2:9-5, R. 2:9-6)

Appellant [☐ has obtained / ☐ has not obtained / ☐ will seek] a stay of the judgment or order pending appeal.

Stay Application

☐ Appellant has obtained a stay from the trial court under R. 2:9-5
☐ Appellant will apply to the Appellate Division for a stay under R. 2:9-5(b)
☐ Appellant has posted a supersedeas bond in the amount of $[________________________________]
☐ No stay is being sought at this time

Supersedeas Bond Requirements (R. 2:9-6)

Where a stay of a money judgment is sought, the bond must ordinarily be in the amount of the judgment plus anticipated interest and costs unless the court sets a different amount. The bond must be filed with the trial court and a copy provided to the Appellate Division.

Stay pending appeal: Filing a civil appeal does not itself stay the proceedings. Seek a stay under R. 2:9-5(b) when needed, including in a civil action involving the State.

12. FILING FEE

Appellant certifies the following regarding the appellate filing fee:

☐ The required filing fee of $[________] has been paid (see N.J.S.A. 22A:2-37.1)
☐ Existing trial-court fee-waiver order and certification of any substantial financial change are attached under R. 2:7-4
☐ Initial fee-waiver application for this trial-court appeal has been submitted to the trial court under R. 2:7-1(a), with a copy attached
☐ After trial-court denial, the fee-waiver request has been renewed in the Appellate Division under R. 2:7-3
☐ For an appeal from a state agency, a fee-waiver motion has been filed in the Appellate Division
☐ Appellant is exempt from the filing fee (specify basis): [________________________________]

13. eCOURTS APPELLATE FILING

☐ This Notice of Appeal is being filed electronically through the eCourts Appellate system
☐ This Notice of Appeal is being filed in paper form

Note: Attorneys are required to use eCourts for filing in the Appellate Division. Self-represented litigants may file in paper. See the eCourts Appellate filing instructions available at www.njcourts.gov.

14. RELIEF REQUESTED

Appellant respectfully requests that the Superior Court of New Jersey, Appellate Division, upon consideration of this appeal:

☐ Reverse the judgment/order appealed from
☐ Modify the judgment/order appealed from as follows: [________________________________]
☐ Vacate the judgment/order and remand for further proceedings
☐ Grant such other and further relief as the Court deems just and equitable, including an award of costs on appeal

15. SIGNATURE AND VERIFICATION

DATED: [__/__/____]

Respectfully submitted,

Signature: [________________________________]

Attorney for Appellant: [________________________________]

Client name: [________________________________]

Attorney ID No.: [________]

16. CERTIFICATION OF SERVICE (R. 1:5-1, R. 2:5-1(c))

I hereby certify that on [__/__/____], a true copy of the foregoing NOTICE OF APPEAL, together with the Civil Case Information Statement (Form B1) and all accompanying documents, was served upon the following by the method(s) indicated:

Service on Parties

Service on Court Officials

☐ Clerk of the Superior Court, Appellate Division
☐ Trial Judge: Hon. [________________________________], J.S.C.
☐ Trial Court Clerk, Superior Court of New Jersey, [________________________________] County

Signature: [________________________________]

Printed name: [________________________________]

17. CHECKLIST FOR FILING

Before filing this Notice of Appeal, confirm completion of the following:

☐ Notice of Appeal completed with all required information
☐ Civil Case Information Statement (Form B1, CN 10500) completed and attached
☐ Filing fee paid or IFP application filed
☐ Copy served on all parties, the trial judge, and the trial court clerk
☐ Transcript request submitted with the notice of appeal, or the applicable exemption identified; self-represented appellants use Form C (CN 10504), while attorneys order appeal transcripts through eCourts Appellate
☐ Appellate Division docket number obtained (assigned upon filing)
☐ Stay application filed, if applicable
☐ Supersedeas bond posted, if applicable
☐ Calendar reminder set for briefing schedule (45 days for appellant's brief after record is complete)

PRACTICE TIPS AND COMMON PITFALLS

Deadline Calculation

1. Filing Deadline (R. 2:4-1(a)–(b)): For a trial court judgment or order, the appeal period generally starts on entry. For a state agency decision, it generally starts on service of the decision or notice of the action. Check the date and rule for the decision being appealed. Count all calendar days, including weekends, but if the last day falls on a weekend or legal holiday, the deadline extends to the next business day under R. 1:3-1.

2. Tolling by Post-Judgment Motions: A timely motion qualifying under R. 2:4-3(e), including a motion under R. 4:49-1 or R. 4:49-2, pauses the appeal period. When the court disposes of that motion, only the time that remained when it was filed resumes. A motion under R. 4:50-1 does not itself pause the appeal deadline.

3. Extension of Time: The Appellate Division may grant up to a 30-day extension under R. 2:4-4(a), but only upon a showing of good cause and absence of prejudice. Extensions are disfavored and should not be relied upon.

Appealability Issues

4. Final Judgment Rule: New Jersey follows the final judgment rule. Interlocutory orders generally are not appealable as of right. To appeal an interlocutory order, you must file a motion for leave to appeal under R. 2:5-6 within 20 days of the order.

5. Partial Judgments: If fewer than all claims or parties are resolved, the order is not final unless the trial court certifies under R. 4:42-2 that there is no just reason for delay.

Transcript and Record

6. Transcript Request: Request needed transcripts when filing the notice of appeal, unless an exemption applies. Self-represented appellants use Form C (CN 10504); attorneys order appeal transcripts through eCourts Appellate.

7. Appendix Contents: The most common deficiency notice involves an incomplete appendix. Verify that all required documents are included per R. 2:6-1.

Standards of Review

8. De Novo Review: Questions of law, statutory interpretation, and constitutional issues.
9. Abuse of Discretion: Discovery rulings, evidentiary rulings, and trial management decisions.
10. Substantial Evidence / Clearly Erroneous: Factual findings of the trial court are reviewed deferentially; the Appellate Division will not disturb findings supported by adequate, substantial, and credible evidence.
11. Plain Error: Under R. 2:10-2, the Appellate Division may consider errors not raised below if they are clearly capable of producing an unjust result.

Common Mistakes

12. Failure to File Civil Case Information Statement: Complete Form B1 (CN 10500) with the notice of appeal.
13. Naming the Wrong Appellate Court: Appeals from the trial courts go to the Appellate Division, not the Supreme Court (except in limited circumstances under R. 2:2-1).
14. Incomplete Service: The notice must be served on all parties, the trial judge, and the trial court clerk.
15. Missing Filing Fee: Ensure the fee is paid at the time of filing or that an IFP application accompanies the notice.

SOURCES AND REFERENCES

• New Jersey Rules of Court, Part II (Rules Governing the Courts of the State of New Jersey — Appellate Practice)
• New Jersey Courts — Guide to Completing Appeals Forms: https://www.njcourts.gov/self-help/appeals/guide
• New Jersey Courts — Appellate Division: https://www.njcourts.gov/courts/appellate
• New Jersey Courts — eCourts Appellate: https://www.njcourts.gov/attorneys/ecourts
• N.J.S.A. 22A:2-37.1 (Filing Fees for Appellate Division)
• New Jersey Standards for Appellate Review: https://www.njcourts.gov/sites/default/files/courts/appellatestandards.pdf