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

                                                DOCKET NO. ________________
                                                (Appellate Division)

                                                CIVIL ACTION

                                                TRIAL COURT DOCKET NO.
                                                [________________________________]

                                                SAT BELOW:
                                                HON. [________________________________]

[________________________________],
          Plaintiff-[Appellant/Respondent],      NOTICE OF APPEAL

     v.

[________________________________],
          Defendant-[Appellant/Respondent].

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.

Description of Judgment or Order Appealed From:

[________________________________]
[________________________________]
[________________________________]

4. BASIS FOR APPELLATE JURISDICTION

This appeal is taken as of right pursuant to the following authority:

☐ R. 2:2-3(a)(1) — Final judgment of a trial division of the Superior Court
☐ R. 2:2-3(a)(2) — Final judgment or order of a court or agency, as provided by law
☐ R. 2:2-3(a)(3) — Judgment in an action in lieu of prerogative writ
☐ R. 2:2-3(b) — Interlocutory order (leave to appeal granted on [__/__/____])
☐ R. 2:2-4 — Certification from the Supreme Court
☐ 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 [__/__/____]
☐ Motion for relief from judgment under R. 4:50-1 — Filed [__/__/____]; Decided [__/__/____]
☐ No post-judgment tolling motions were filed

Deadline Calculation: Under R. 2:4-1(a), the notice of appeal must be filed within 45 days from the date of entry of the judgment, order, or decision from which the appeal is taken. Where a timely tolling motion has been filed, the 45-day period runs from the date of the order deciding the last such motion. The Appellate Division may extend this 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

Pursuant to R. 2:6-2(a)(5), Appellant anticipates raising the following issues on appeal. This list is preliminary and may be supplemented or refined in the appellate brief:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

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

Appellant certifies that the required Civil Case Information Statement (Form A, CN 10502) has been:

☐ Filed contemporaneously with this Notice of Appeal
☐ Will be filed within the time prescribed by the Rules

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 will order transcripts of the following proceedings by filing the Transcript Request Form (Form T) within 14 days of filing this Notice of Appeal as required by R. 2:5-3(a):

B. Transcript Delivery Certification

Under R. 2:5-3(f), the court reporter or transcription service must file a Transcript Delivery Certification upon completing the transcript. Appellant acknowledges responsibility for making timely payment arrangements to avoid delay.

C. Agreed Statement or Statement of Proceedings

☐ The parties will proceed by agreed statement of the proceedings under R. 2:5-5
☐ Appellant will prepare a statement of the proceedings from the best available means under R. 2:5-5(b) (where no transcript is available)
☐ Not applicable — full transcripts are being ordered

Note on References: Transcript references in briefs must follow the format prescribed by R. 2:6-2(a)(4). Where there are multiple transcript dates, transcripts shall be numbered sequentially by chronology (1T, 2T, etc.) irrespective of the nature of the proceeding.

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
☐ Any opinions, findings of fact, or conclusions of law of the trial court
☐ The jury charge, if at issue
☐ The transcript delivery certification prescribed by R. 2:5-3(f)
☐ The pleadings, if at issue
☐ 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.

Automatic Stay Provisions: Pursuant to R. 2:9-5(a), an appeal from a judgment or order of a court automatically stays the judgment or order in actions by or against the State. In other civil matters, there is no automatic stay.

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)
☐ Application to proceed as an indigent (in forma pauperis) has been filed under R. 2:7-3
☐ 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,


                                        _________________________________________
                                        [________________________________]
                                        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 A) 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)

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 A, CN 10502) 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 Form (Form T) filed within 14 days or arrangements initiated
☐ 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. 45-Day Filing Deadline (R. 2:4-1(a)): The appeal period begins on the date the judgment or order is entered, not the date it is signed or the date the party receives notice. 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 filed R. 4:49-1 (new trial), R. 4:49-2 (alter/amend), or R. 4:50-1 (relief from judgment) motion tolls the appeal period. The 45-day clock restarts when the order deciding the motion is entered. However, a second motion or an untimely motion does not toll the period.

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. Form T Filing Deadline: The Transcript Request Form must be filed within 14 days of the notice of appeal. Failure to timely request transcripts can result in dismissal.

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: This is the most frequent basis for deficiency notices. File Form A 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