APPENDICES

APPENDIX A - RULES APPENDIX A. CURRENT NEW JERSEY COURT RULES GOVERNING APPELLATE PRACTICE Part I RULES OF GENERAL APPLICATION Rule 1:1-2. Construction and Relaxation. 1:3-4. Enlargement of Time. 1:4-5. Signing and Dating of Pleadings; Motions. 1:5-2. Manner of Service. 1:5-3. Proof of Service. 1:7-2. Objections. 1:7-3. Record of Excluded Evidence. 1:7-4. Findings by the Court in Non-Jury Trials and on Motions. 1:10-1. Contempt in Presence of Court. 1:10-2. Summary Contempt Proceedings on Order to Show Cause or Order for Arrest. 1:11-3. Termination of Responsibility in the Trial Court; Responsibility on Appeal. 1:13-1. Clerical Mistakes. 1:13-2. Proceedings by Indigents. 1:13-3. Approval and Filing of Surety Bond; Judgment Against Principal and Surety. 1:13-4. Transfer of Actions. 1:13-9. Amicus Curiae; Motion; Grounds for Relief; Briefs. 1:30-1. Courts Always Open. 1:30-2. Terms of Court; Stated Sessions of Superior Court. 1:30-3. Sittings of Courts. 1:30-4. Clerks’ Offices. 1:30-5. Vacations. 1:33-1. The Chief Justice of the Supreme Court; Acting Chief Justice. 1:33-2. Court Managerial Structure. 1:33-3. The Administrative Director of the Courts. 1:33-4. Assignment Judges; Presiding Judge for Administration of the Appellate Division. 1:33-5. Trial Court Administrators—Case Coordinators. 1:33-6. Presiding Judges of Functional Units. 1:34-2. Clerks of Court. 1:36-1. Filing of Opinions. 1:36-2. Publication. 1:36-3. Unpublished Opinions. 1:37-1. Title of Courts. 1:37-3. Abbreviations; Title on Temporary Assignment. 1:43. Filing and Other Fees Established Pursuant to N.J.S.A. 2B:1-7 APPENDIX A - RULES Part II RULES GOVERNING APPELLATE PRACTICE Rule 2:1. Scope Rule 2:2. Appealable Judgments and Determinations 2:2-1. Appeals to the Supreme Court from Final Judgments. 2:2-2. Appeals to the Supreme Court from Interlocutory Orders. 2:2-3. Appeals to the Appellate Division from Final Judgments, Decisions, Actions and from Rules; Tax Court. 2:2-4. Appeals to the Appellate Division from Interlocutory Orders, Decisions or Actions. 2:2-5. Consequences of Certain Appellate Division Judgments. Rule 2:3. Who May Appeal 2:3-1. Appeal by the State in Criminal Actions. 2:3-2. Appeal by Defendant and Others in Criminal Actions. 2:3-3. Joint and Several Appeals. 2:3-4. Cross Appeals. 2:3-5. Workers’ Compensation Appeals Involving Employers Only. Rule 2:4. Time for Appeal 2:4-1. Time: From Judgments, Orders, Decisions, Actions and from Rules. 2:4-2. Time for Cross Appeals and Appeals by Respondents. 2:4-3. Tolling of Time for Appeal and Certification. 2:4-4. Extension of Time for Appeal and Review. Rule 2:5. How to Appeal 2:5-1. Notice of Appeal; Order in Lieu Thereof; Case Information Statement. 2:5-2. Deposits for Costs; Application for Dismissal for Default. 2:5-3. Preparation and Filing of Transcript; Statement of Proceedings; Prescribed Transcript Request Form. 2:5-4. Record on Appeal. 2:5-5. Correction or Supplementation of Record. 2:5-6. Appeals from Interlocutory Orders, Decisions and Actions. Rule 2:6. Appendices; Briefs; Transcript 2:6-1. Preparation of Appellant’s Appendix; Joint Appendix; Contents. 2:6-2. Contents of Appellant’s Brief. 2:6-3. Preparation of Respondent’s Appendix; Contents. 2:6-4. Contents of Respondent’s Brief; Statement in Lieu of Brief; Responsibility to File. 2:6-5. Contents of Reply Brief and Appendix. 2:6-6. Covers of Briefs and Appendices. 2:6-7. Length of Briefs. 2:6-8. References to Briefs; Appendices; Transcripts. 2:6-9. Inadequate Appendix or Brief. 2:6-10. Format of Briefs and Other Papers. 2:6-11. Time for Serving and Filing Briefs; Appendices; Transcript; Notice of Custodial Status. APPENDIX A - RULES 2:6-12. Number of Briefs, Appendices and Transcripts to Be Served and Filed. Rule 2:7. Appeals by Indigent Persons 2:7-1. Relief from Filing Fees; Deposit for Costs. 2:7-2. Assignment of Counsel on Appeal. 2:7-3. Joinder of Petitions; Copies Required. 2:7-4. Relief in Subsequent Courts. Rule 2:8. Motions; Dismissals; Summary Dispositions 2:8-1. Motions. 2:8-2. Dismissal of Appeals: Order; Stipulation. 2:8-3. Motion for Summary Disposition. Rule 2:9. Miscellaneous Proceedings Pending Appeal 2:9-1. Control by Appellate Court of Proceedings Pending Appeal or Certification. 2:9-2. Extension and Acceleration of Time; Adjournments. 2:9-3. Stay Pending Review in Criminal Actions. 2:9-4. Bail After Conviction. 2:9-5. Stay of Judgment in Civil Actions and in Contempts. 2:9-6. Supersedeas Bond; Exceptions. 2:9-7. Temporary Relief in Administrative Proceedings. 2:9-8. Temporary Relief in Emergent Matters. 2:9-9. Sanctions for Non-Compliance with Rules. 2:9-10. Effect of Appeal by the State. 2:9-11. Sentencing Appeals. 2:9-12. Proportionality Review in Capital Cases. 2:9-13. Appeals from Orders Granting Pretrial Detention 2:9-14. Motion for Leave to Appeal from Disposition of R. 2:9-13 Appeal Rule 2:10. Scope of Review 2:10-1. Motion for New Trial as Prerequisite for Jury Verdict Review; Standard of Review. 2:10-2. Notice of Trial Errors. 2:10-3. Review of Sentence. 2:10-4. Convictions for Contempt. 2:10-5. Original Jurisdiction. 2:10-6. Allegation of Ineffective Assistance of Counsel in Termination of Parental Rights Cases Rule 2:11. Argument; Determination; Costs; Rehearing 2:11-1. Appellate Calendar; Oral Argument. 2:11-2. Determination of Appeal on Motion for Leave to Appeal. 2:11-3. Opinion, Judgment; Stay After Judgment. 2:11-4. Attorney’s Fees on Appeal. 2:11-5. Costs on Appeal. 2:11-6. Motion for Reconsideration. Rule 2:12. Appeals on Certification to the Supreme Court 2:12-1. Certification on Motion of the Supreme Court. 2:12-2. Certification of Appeals Pending Unheard in Appellate Division. 2:12-3. Certification of Final Judgments of the Appellate Division. 2:12-4. Grounds for Certification. 1:1-2 APPENDIX A - RULES 2:12-5. Deposit for Costs. 2:12-6. Record on Petition for Certification. 2:12-7. Form, Service and Filing of Petition for Certification. 2:12-8. Respondent’s Brief and Petitioner’s Reply Brief. 2:12-9. Where Party Appeals and at the Same Time Makes Application for Certification. 2:12-10.Granting or Denial of Certification. 2:12-11.Proceedings After Certification Granted. Rule 2:12A. Certification of Questions of Law by the Supreme Court 2:12A-1.Responding to Questions of Law. 2:12A-2.Power to Reformulate Question. 2:12A-3.Certification Order; Record. 2:12A-4.Contents of Certification Order. 2:12A-5.Notice; Response. 2:12A-6.Procedures. 2:12A-7.Disposition. 2:12A-8.Cost of Certification. Rule 2:13. Administration 2:13-1. Presiding Justice or Judge. 2:13-2. Quorum; Temporary Assignment. 2:13-3. Places of Sitting. Part I RULES OF GENERAL APPLICATION CHAPTER I. PROCEDURE RULE 1:1. APPLICABILITY, SCOPE, CONSTRUCTION, RELAXATION AND CITATION OF RULES 1:1-2. Construction and Relaxation (a) The rules in Part I through Part VIII, inclusive, shall be construed to secure a just determination, simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay. Unless otherwise stated, any rule may be relaxed or dispensed with by the court in which the action is pending if adherence to it would result in an injustice. In the absence of rule, the court may proceed in any manner compatible with these purposes and, in civil cases, consistent with the case management/trial management guidelines set forth in Appendix XX of these rules. (b) As used in Part I through Part VIII of these rules and appendices, references to “marriage,” “husband,” “wife,” “spouse,” “family,” “immediate family,” “dependent,” “next of kin,” “widow,” “widower,” “widowed,” or another word that in a specific context denotes a marital or spousal relationship shall include a civil union, as established by N.J.S.A. 37:1-28 to -36, and a domestic partnership, as established by N.J.S.A. 26:8A-1 to -13, and the persons in those relationships. Note: Source—R.R 1:27A, 3:1-2, 3:11-9, 4:1-2, 4:121, 6:1-1 (second sentence), 6:1-2, 8:1-2. Amended June 20, 1979 to be effective July 1, 1979; amended July 5, 2000 to be effective September 5, 2000; caption amended, former text designated as paragraph (a), and new paragraph (b) adopted July APPENDIX A - RULES 1:4-5 16, 2009 to be effective September 1, 2009; paragraph (b) amended July 21, 2011 to be effective September 1, 2011. RULE 1:3. TIME 1:3-4. Enlargement of Time (a) Enlargement by Order or Consent. Unless otherwise expressly provided by rule, a period of time thereby fixed for the doing of an act may be enlarged before or after its expiration by court order on notice or (unless a court has otherwise ordered) by consent of the parties in writing. (b) Enlargement for Appeal and Review. Enlargement of time for appeal and review shall be governed by the following rules: appeals to the Supreme Court and Superior Court, Appellate Division, by R. 2:4-4; actions in lieu of prerogative writs in the Superior Court, Law Division, by R. 4:69-6(c); appeals to the Superior Court, Law Division from reports of condemnation commissioners, by R. 4:73-6(a); civil appeals to the Superior Court, Law Division, by R. 4:74-2(b); and review of ex parte probate actions, by R. 4:85-2. (c) Enlargements Prohibited. Neither the parties nor the court may, however, enlarge the time specified by R. 1:7-4 (motion for amendment of findings); R. 3:18-2 (motion for judgment of acquittal after discharge of jury); R. 3:20-2, R. 4:49-1(b) and (c) and R. 7:10-1 (motion for new trial); R. 3:21-9 (motion in arrest of judgment); R. 3:21-10(a); R. 3:22-12 (petitions for post-conviction relief); R. 3:23-2 (appeals to the Law Division from judgments of conviction in courts of limited criminal jurisdiction); R. 3:24 (appeals to the Law Division from interlocutory orders and orders dismissing the complaint entered by courts of limited criminal jurisdiction); R. 4:40-2(b) (renewal of motion for judgment); R. 4:49-2 (motion to alter or amend a judgment); and R. 4:50-2 (motion for relief from judgment or order). Note: Source—R.R. 1:27B(a) (b) (c) (d) (e), 4:6-1, 8:12-5(a) (b). Paragraph (c) amended July 7, 1971, effective September 13, 1971; paragraph (b) amended November 27, 1974 to be effective April 1, 1975; paragraph (b) amended July 22, 1983 to be effective September 12, 1983; paragraph (c) amended July 26, 1984 to be effective September 10, 1984; paragraphs (b) and (c) amended July 14, 1992 to be effective September 1, 1992; paragraph (c) amended January 5, 1998 to be effective February 1, 1998; paragraph (c) amended July 10, 1998 to be effective September 1, 1998; paragraph (c) amended July 28, 2004 to be effective September 1, 2004; paragraph (c) amended July 16, 2009 to be effective September 1, 2009. RULE 1:4. FORM AND EXECUTION OF PAPERS 1:4-5. Signing and Dating of Pleadings; Motions Pleadings (other than indictments), motions and briefs shall be signed by the attorney of record or the attorney’s associate or by a pro se party. Signatures of a firm may be typed, followed by the signature of an attorney of the firm. Signatures on any duplicate original or carbon copy required to be filed may be typed. Every paper to be filed shall bear the date on which it was signed. Note: Source—R.R 4:5-6(a) (third sentence), 4:7-2(b), 4:11 (first 3 sentences); caption and text amended to be effective September 11, 1978; amended July 16, 1981 to be effective September 14, 1981; amended July 13, 1994 to be effective September 1, 1994. 1:5-2 APPENDIX A - RULES RULE 1:5. SERVICE AND FILING OF PAPERS

1:5-2. Manner of Service Service upon an attorney of papers referred to in R. 1:5-1 shall be made by mailing a copy to the attorney at his or her office by ordinary mail, by handing it to the attorney, or by leaving it at the office with a person in the attorney’s employ, or, if the office is closed or the attorney has no office, in the same manner as service is made upon a party. Service upon a party of such papers shall be made as provided in R. 4:4-4 or by registered or certified mail, return receipt requested, and simultaneously by ordinary mail to the party’s last known address. If no address is known, despite diligent effort, the filing of papers with the clerk shall be deemed to satisfy that service requirement and there need be no separate service upon the clerk. Mail may be addressed to a post office box in lieu of a street address only if the sender cannot by diligent effort determine the addressee’s street address or if the post office does not make street-address delivery to the addressee. The specific facts underlying the diligent effort required by this rule shall be recited in the proof of service required by R. 1:5-3. If, however, proof of diligent inquiry as to a party’s whereabouts has already been filed within six months prior to service under this rule, a new diligent inquiry need not be made provided the proof of service required by R. 1:5- 3 asserts that the party making service has no knowledge of any facts different from those recited in the prior proof of diligent inquiry. Note: Source—R.R 1:7-12(d), 1:10-10(b), 1:11-2(c), 2:11-2(c), 3:11-1(b), 4:5-2(a) (first four sentences); amended July 16, 1981 to be effective September 14, 1981; amended July 13, 1994 to be effective September 1, 1994; amended July 28, 2004 to be effective September 1, 2004; amended July 23, 2010 to be effective September 1, 2010.

1:5-3. Proof of Service Proof of service of every paper referred to in R. 1:5-1 may be made (1) by an acknowledgment of service, signed by the attorney for a party or signed and acknowledged by the party, or (2) by an affidavit of the person making service, or (3) by a certification of service appended to the paper to be filed and signed by the attorney for the party making service. If service has been made by mail the affidavit or certification shall state that the mailing was to the last known address of the person served. A proof of service made by affidavit or certification shall state the name and address of each attorney served, identifying the party that attorney represents, and the name and address of any pro se party. The proof shall be filed with the court promptly and in any event before action is to be taken on the matter by the court. Where service has been made by registered or certified mail, filing of the return receipt card with the court shall not be required. Failure to make proof of service does not affect the validity of the service, and the court at any time may allow the proof to be amended or supplied unless an injustice would result. Note: Source—R.R 4:5-2(b), 4:88-10 (fifth sentence); amended July 17, 1975 to be effective September 8, 1975; amended July 29, 1977 to be effective September 6, 1977; amended June 29, 1990 to be effective September 4, 1990; amended July 12, 2002 to be effective September 3, 2002. APPENDIX A - RULES 1:7-4 RULE 1:7. GENERAL PROVISIONS FOR TRIALS 1:7-2. Objections For the purpose of reserving questions for review or appeal relating to rulings or orders of the court or instructions to the jury, a party, at the time the ruling or order is made or sought, shall make known to the court specifically the action which the party desires the court to take or the party’s objection to the action taken and the grounds therefor. Except as otherwise provided by R. 1:7-5 and R. 2:10-2 (plain error), no party may urge as error any portion of the charge to the jury or omissions therefrom unless objections are made thereto before the jury retires to consider its verdict, but opportunity shall be given to make the objection in open court, in the absence of the jury. A party shall only be prejudiced by the absence of an objection if there was an opportunity to object to a ruling, order or charge. Note: Source—R.R 3:7-7(b), 3:7-8, 4:47, 4:52-1 (third and fourth sentences); amended July 13, 1994 to be effective September 1, 1994. 1:7-3. Record of Excluded Evidence If an objection to a question propounded to a witness is sustained by the court, the examining attorney may, out of the hearing of the jury (if there is a jury), make a specific offer of what is expected to be proved by the answer of the witness, and the court may add such other and further statement as clearly shows the character of the evidence, the form in which it was offered, and the ruling thereon. In actions tried without a jury the court shall upon request permit the evidence and any cross-examination relating thereto or evidence in rebuttal thereof to be taken down by the court reporter in full, or otherwise preserved, unless it clearly appears to the court that the evidence is not admissible on any ground or that the witness is privileged or unless the interest of justice otherwise requires. In actions tried with a jury the court may, in its discretion and in the absence of the jury, permit such taking and preservation of the excluded evidence. Note: Source—R.R 4:44-3; amended July 13, 1994 to be effective September 1, 1994. 1:7-4. Findings by the Court in Non-Jury Trials and on Motions (a) Required Findings. The court shall, by an opinion or memorandum decision, either written or oral, find the facts and state its conclusions of law thereon in all actions tried without a jury, on every motion decided by a written order that is appealable as of right, and also as required by R. 3:29. The court shall thereupon enter or direct the entry of the appropriate judgment. (b) Motion for Amendment. On motion made not later than 20 days after service of the final order or judgment upon all parties by the party obtaining it, the court may grant a rehearing or may, on the papers submitted, amend or add to its findings and may amend the final order or judgment accordingly, but the failure of a party to make such motion or to object to the findings shall not preclude that party’s right thereafter to question the sufficiency of the evidence to support the findings. The motion to amend the findings, which may be made with a motion for a new trial, shall state with specificity the basis on which it is made, including a statement of the matters or controlling decisions that counsel believes the 1:10-1 APPENDIX A - RULES court has overlooked or on which it has erred. Motions for reconsideration of interlocutory orders shall be determined pursuant to R. 4:42-2. Note: Source—R.R. 3:7-1(c), 4:53-1, 4:53-2, 8:7-2(c); caption and text amended November 1, 1985 to be effective January 2, 1986; caption and text amended November 5, 1986 to be effective January 1, 1987; amended November 7, 1988 to be effective January 2, 1989; caption and text amended July 14, 1992 to be effective September 1, 1992; amended and paragraphs (a) and (b) designated July 10, 1998 to be effective September 1, 1998; paragraph (a) amended July 5, 2000 to be effective September 5, 2000. RULE 1:10. CONTEMPT OF COURT; ENFORCEMENT OF LITIGANT’S RIGHTS Note: Caption to Rule 1:10 amended July 27, 2006 to be effective September 1, 2006. 1:10-1. Contempt in Presence of Court A judge conducting a judicial proceeding may adjudicate contempt summarily without an order to show cause if: (a) the conduct has obstructed, or if continued would obstruct, the proceeding; (b) the conduct occurred in the actual presence of the judge, and was actually seen or heard by the judge; (c) the character of the conduct or its continuation after an appropriate warning unmistakably demonstrates its willfulness; (d) immediate adjudication is necessary to permit the proceeding to continue in an orderly and proper manner; and (e) the judge has afforded the alleged contemnor an immediate opportunity to respond. The order of contempt shall recite the facts and contain a certification by the judge that he or she saw or heard the conduct constituting the contempt and that the contemnor was willfully contumacious. Punishment may be determined forthwith or deferred. Execution of sentence shall be stayed for five days following imposition and, if an appeal is taken, during the pendency of the appeal, provided, however, that the judge may require bail if reasonably necessary to assure the contemnor’s appearance. Note: Source—R.R. 4:87-1, 8:8; amended July 13, 1994 to be effective September 1, 1994. 1:10-2. Summary Contempt Proceedings on Order to Show Cause or Order for Arrest (a) Institution of Proceedings. Every summary proceeding to punish for contempt other than proceedings under R. 1:10-1 shall be on notice and instituted only by the court upon an order for arrest or an order to show cause specifying the acts or omissions alleged to have been contumacious. The proceedings shall be captioned “In the Matter of ______Charged with Contempt of Court.” (b) Release Pending Hearings. A person charged with contempt under R. 1:10-2 shall be released on his or her own recognizance pending the hearing unless the judge determines that bail is reasonably necessary to assure appearance. The amount and sufficiency of bail shall be reviewable by a single judge of the Appellate Division. (c) Prosecution and Trial. A proceeding under R. 1:10-2 may be prosecuted on behalf of the court only by the Attorney General, the County Prosecutor of the county, or where the court for good cause designates an attorney, then by the attorney so designated. The matter shall not be heard APPENDIX A - RULES 1:13-2 by the judge who instituted the prosecution if the appearance of objectivity requires trial by another judge. Unless there is a right to a trial by jury, the court in its discretion may try the matter without a jury. If there is an adjudication of contempt, the provisions of R. 1:10-1 as to stay of execution of sentence shall apply. Note: Source—R.R. 4:87-2; former R. 1:10-2 redesignated R. 1:10-2(a), former R. 1:10-3 amended, recaptioned and redesignated R. 1:10-2(b) and former R. 1:10-4 amended, recaptioned and redesignated R. 1:10-2(c) July 13, 1994 to be effective September 1, 1994. RULE 1:11. WITHDRAWAL, SUBSTITUTION, TERMINATION OF RESPONSIBILITY OF ATTORNEY 1:11-3. Termination of Responsibility in the Trial Court; Responsibility on Appeal The responsibility of an attorney of record in any trial court with respect to the further conduct of the proceedings shall terminate upon the expiration of the time for appeal from the final judgment or order entered therein. For purposes of appeal or certification, however, the attorney of record for the adverse party in the court below shall be considered as attorney for the respondent, and notice and papers served upon that attorney shall be deemed good service until the appellant or petitioner is notified of an appearance entered by a new attorney or is given written notice by the respondent naming another attorney. Note: Source—R.R. 1:12-3(a), 2:10; amended July 13, 1994 to be effective September 1, 1994. RULE 1:13. MISCELLANEOUS RULES AS TO PROCEDURE 1:13-1. Clerical Mistakes Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight and omission may at any time be corrected by the court on its own initiative or on the motion of any party, and on such notice and terms as the court directs, notwithstanding the pendency of an appeal. Note: Source—R.R. 3:7-14, 4:62-1, 8:7-12. 1:13-2. Proceedings by Indigents (a) Waiver of Fees. Except when otherwise specifically provided by these rules, whenever any person by reason of poverty seeks relief from the payment of any fees provided for by law which are payable to any court or clerk of court including the office of the surrogate or any public officer of this State, any court upon the verified application of such person, which application may be filed without fee, may in its discretion order the payment of such fees waived. In any case in which a person is represented by a legal services or public interest organization or law school clinical or pro bono program approved under R. 1:21-11(b)(2), private counsel representing indigents in cooperation with any of the preceding entities, the Office of the Public Defender, or counsel assigned in accordance with these rules, all such fees and any charges of public officers of this State for service of process shall be waived without the necessity of a court order. (b) Compensation of Attorneys. Except as provided by any order of the court, no attorney assigned to represent a person by reason of poverty shall take or agree to take or seek to obtain from the client, payment of any 1:13-3 APPENDIX A - RULES fee, profit or reward for the conduct of such proceedings for office or other expenses; but no attorney shall be required to expend any personal funds in the prosecution of the cause. Note: Source—R.R. 1:27E, 4:98-2(c). Paragraph (a) amended and paragraph (b) adopted July 7, 1971, to be effective September 13, 1971; paragraph (a) amended July 29, 1977 to be effective September 6, 1977; amended May 3, 1982 to be effective immediately; paragraph (a) amended July 22, 1983 to be effective September 12, 1983; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 22, 2014 to be effective January 1, 2015. 1:13-3. Approval and Filing of Surety Bond; Judgment Against Principal and Surety (a) Approval by the Court. Neither the clerk of the court, the sheriff, nor any other person shall accept a surety bond in any action or proceeding pending in the court, other than a bond for costs given by a non-resident claimant, unless the same has been approved as to form and sufficiency by a judge of any court of this State except that a surrogate may approve and accept a bond, and in the absence of a judge the clerk may approve and accept a bail bond. Bonds need not be filed in duplicate. (b) Contents. All surety and bail bonds given in any court shall provide that the principal and surety thereby submit themselves to the jurisdiction of the court (or to the jurisdiction of the trial court, if the bond is given in an appellate court); that they irrevocably appoint the clerk of the court having jurisdiction as their agent upon whom papers affecting their liability on the bond may be served; that they waive any right to a jury trial; that the liability of the principal and surety may be enforced by motion in the action, if one is pending, without the necessity of an independent action; and that the motion may be served on the principal and surety by mailing it, by ordinary mail, to the clerk of the court, or to the surrogate in the case of a bond approved by the Chancery Division, Probate Part or the surrogate, who shall forthwith mail copies thereof by ordinary mail to the principal and surety at the addresses stated in the bond. (c) Cash Deposit. Whenever a bond with sureties is required, the court, including the Surrogate, may by order allow a cash deposit in lieu thereof. (d) Registry of Insurers. No surety bond for purposes of bail shall be accepted by any court unless the insurer has first filed with the Clerk of the Superior Court a Bail Program Registration Form in the form prescribed by the Administrative Director of the Courts on the recommendation of the Clerk of Superior Court. Said form shall include the insurer's certification that it is authorized or admitted to transact surety business by the New Jersey Department of Banking and Insurance and shall include the name and address of each of its bail agents and agencies, any other person or entity who has provided it with a guarantee to satisfy forfeited bail or a bail forfeiture judgment, and any other person or entity authorized by the insurer to administer or manage its bail bond business. The bail agents and agencies so registered by the insurer shall be licensed as insurance producers or limited lines insurance producers. The insurer shall have a continuing obligation to update its Bail Program Registration Form as changes occur in order to assure that the information is complete and accurate. APPENDIX A - RULES 1:13-4 (e) Removal from Bail Registry. (1) Licensure. A registered insurer shall be removed from the Bail Registry on 30 days notice if it fails to provide complete and accurate information as required by the Bail Program Registration Form. A registered insurer who fails to maintain its authorization or admission to transact surety business in this State or a registered bail agent or agency, guarantor, or other person administering or managing an insurer’s bail bond business if it fails to maintain any license required by the Department of Banking and Insurance shall be forthwith removed from the Bail Registry. (2) Failure to Satisfy Judgment. If a registered insurer fails to satisfy a judgment entered pursuant to R. 3:26-6(c) or R. 7:4-5(c), the Clerk of the Superior Court shall forthwith send the insurer a notice informing it that if it fails to satisfy the judgment within fifteen days of the notice, it shall be removed from the Bail Registry until satisfaction is made. Further, the insurer's bail agents and agencies, guarantors, and other persons or entities authorized to administer or manage its bail bond business in this State will have no further authority to act for it. Their names, as acting for the insurer, will be removed from the Bail Registry. In addition, the bail agent or agency, guarantor, or other person or entity authorized by the insurer to administer or manage its bail bond business in this State who acted in such capacity with respect to the forfeited bond will be precluded, by removal from the Bail Registry, from so acting for any other insurer until the judgment has been satisfied. (3) Habitual Noncompliance. Unless the court orders otherwise, nothing herein shall preclude the Clerk of the Superior Court, on 30 days' notice, from removing from the Bail Registry any person or entity habitually failing to perform the obligations imposed by the bail bonds. (4) Notice. All notices required by this rule shall be sent by certified mail, return receipt requested, to the address listed on the Bail Program Registration Form. Note: Source—R.R. 1:4-8(b), 1:4-9, 3:9-7(c) (second, third and fourth sentences), 4:72-2, 4:118-6(a) (b). Paragraph (a) amended July 7, 1971 to be effective September 13, 1971; paragraph (b) amended July 14, 1972 to be effective September 5, 1972; paragraphs (a) and (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (c) amended June 28, 1996 to be effective September 1, 1996; new sections (d) and (e) added July 5, 2000 to be effective September 5, 2000; paragraph (d) amended May 20, 2003 to be effective immediately; paragraph (a) amended, former paragraph (d) deleted and new paragraph (d) adopted, text of paragraph (e) deleted and new text adopted July 28, 2004 to be effective September 1, 2004; paragraph (d) amended July 19, 2012 to be effective September 4, 2012. 1:13-4. Transfer of Actions (a) On Motion. Subject to the right to be prosecuted by indictment, if any court is without jurisdiction of the subject matter of an action or issue therein or if there has been an inability to serve a party without whom the action cannot proceed as provided by R. 4:28-1, it shall, on motion or on its own initiative, order the action, with the record and all papers on file, transferred to the proper court, or administrative agency, if any, in the State. The action shall then be proceeded upon as if it had been originally commenced in that court or agency. (b) After Appeal. If any action transferrable under paragraph (a) because of lack of jurisdiction over the subject matter is appealed without 1:13-9 APPENDIX A - RULES having been transferred, the appellate court may decide the appeal and direct the appropriate judgment or decision to be entered in the court or agency to which the action should have been transferred. (c) Payment of Fees. Where pursuant to this rule an action is ordered transferred to or judgment or decision ordered entered in the proper court or agency, the order shall be conditioned upon the payment by the parties to the clerk of such court or to such agency of the fees that would have been payable had the action originally been instituted in such court or agency. Payments to the clerk of any court shall be made payable to the “Treasurer, State of New Jersey.” Note: Source—R.R. 1:27D; paragraphs (a), (b) and (c) amended July 24, 1978 to be effective September 11, 1978; paragraph (c) amended July 27, 2006 to be effective September 1, 2006. 1:13-9. Amicus Curiae; Motion; Grounds for Relief; Briefs (a) An application for leave to appear as amicus curiae in any court shall be made by motion in the cause stating with specificity the identity of the applicant, the issue intended to be addressed, the nature of the public interest therein and the nature of the applicant's special interest, involvement or expertise in respect thereof. The court shall grant the motion if it is satisfied under all the circumstances that the motion is timely, the applicant's participation will assist in the resolution of an issue of public importance, and no party to the litigation will be unduly prejudiced thereby. The order granting the motion shall define with specificity the permitted extent of participation by the amicus and shall, where appropriate, fix a briefing schedule. (b) Briefs filed by an amicus curiae in any court shall comply with all applicable rules. (c) Except as provided in subsection (f), motions for leave to appear as an amicus curiae in the Appellate Division shall be accompanied by the proposed amicus curiae brief and shall be filed on or before the day when the last brief is due from any party. (d) An amicus curiae who has been granted leave to appear in a cause may, without seeking further leave: (1) file a brief in an appeal taken to any court from a final judgment or appealable interlocutory order, provided that the brief is filed on or before the day on which the last brief is due from any party; (2) file a brief in support of or in opposition to a motion for leave to appeal, provided that the brief is filed on or before the day on which the last brief is due from any party; (3) file a brief in the Supreme Court in support of or in opposition to a petition for certification, provided that the brief is filed on or before the day on which the last brief is due from any party; and (4) file a brief on the merits after the Supreme Court has granted a petition for certification or a motion for leave to appeal, or after a notice of appeal has been filed, provided that the brief is filed in compliance with the time frames fixed in subsection (e) of this Rule. (e) An amicus curiae who has not been granted leave to appear in a cause may file a motion for leave to appear in the Supreme Court in connection with a petition for certification, a motion for leave to appeal, or APPENDIX A - RULES 1:30-3 an appeal, provided that the motion is accompanied by the proposed amicus curiae brief. Except as provided in Subsection (f) of this Rule, motions for leave to appear as an amicus curiae in the Supreme Court in connection with a petition for certification or a motion for leave to appeal shall be filed on or before the day on which the last brief is due from any party. Motions for leave to appear as an amicus curiae in connection with an appeal shall be filed within seventy-five (75) days of the date when the Supreme Court posts on its public website a notice of: (1) an order granting certification; (2) an order granting leave to appeal; or (3) the filing of a notice of appeal. Untimely motions may be granted by the Supreme Court only on a showing of good cause demonstrated to the satisfaction of the Court. (f) In the event that the Supreme Court, or the Appellate Division, has directed the parties to submit briefs in accordance with an accelerated schedule, an amicus curiae shall file its motion for leave to appear, accompanied with its brief, on or before the date fixed for the last brief due from any party. Note: Adopted July 16, 1979 to be effective September 10, 1979; caption and text amended July 13, 1994 to be effective September 1, 1994; former text reallocated as paragraphs (a) and (b), paragraph (a) amended, and new paragraphs (c), (d), (e), and (f) adopted July 23, 2010 to be effective September 1, 2010; paragraph (f) amended March 24, 2011 to be effective immediately; paragraph (e) amended July 22, 2014 to be effective September 1, 2014. CHAPTER IV. ADMINISTRATION RULE 1:30. COURT SCHEDULES 1:30-1. Courts Always Open The courts shall be deemed always open for filing any proper paper, the issuance and return of process, the making of motions, the entering of orders and judgments, and the transaction of all judicial business. Note: Source—R.R. 3:11-8, 4:118-4, 6:2-4, 8:12-7. 1:30-2. Terms of Court; Stated Sessions of Superior Court (a) Terms. All courts shall hold one term annually, commencing on such date as shall be fixed by the Chief Justice. Matters not concluded in a term shall be carried to the succeeding term, but the continued existence or expiration of a term of court in no way affects the power of the court to do any act or take any proceeding in any action which has been pending before it. (b) Sessions. Within each term of the Superior Court, Law Division there shall be 3 stated sessions commencing at times fixed by the Chief Justice. Note: Source—R.R. 1:1-3, 1:28A, 2:1-2, 3:1-4, 4:6-2 (second sentence), 4:118-3. Paragraph (a) amended December 21, 1971 to be effective January 31, 1972; amended July 13, 1994 to be effective September 1, 1994; caption amended July 28, 2004 to be effective September 1, 2004. 1:30-3. Sittings of Courts (a) Court Hours. Court hours for all trial courts, except the municipal courts, shall be fixed by the Chief Justice. Court hours for each municipal court shall be fixed by the judge or presiding judge thereof, subject to the approval of the Administrative Director of the Courts. 1:30-4 APPENDIX A - RULES (b) Court Days. When not in recess, all courts shall sit Monday to Friday, inclusive; except that the appellate courts shall sit on days fixed by the Chief Justice and municipal courts shall sit on days fixed by the judge or presiding judge thereof, subject to the approval of the Administrative Director of the Courts. (c) Motion Days. Motions shall be heard in all trial courts as scheduled from time to time by the Chief Justice. (d) Court Recesses. All courts shall be in recess on Saturdays, Sundays, legal holidays and such other days as the Chief Justice shall order. (e) Special Sittings. Nothing in this rule shall preclude the Chief Justice, the presiding judge of an appellate court, the Assignment Judge, or the judge presiding in any court from directing that any matter be heard at such other hours or on such other days as the judge may deem necessary or appropriate. Note: Source—R.R. 1:28-1, 1:28-2, 1:28-3, 1:28-4, 1:28-5, 4:119-1 (first sentence), 6:2-5(a), 8:2-2; paragraph (e) amended July 13, 1994 to be effective September 1, 1994. 1:30-4. Clerks’ Offices The office of the clerk of every court, except the municipal courts, shall be open to the public for the transaction of all business of the court for such hours and on such days as shall be fixed by the Chief Justice. The office of the clerk of every municipal court shall be open to the public for the transaction of all business of the court on days and during hours fixed by the judge or presiding judge thereof, subject to the approval of the Administrative Director of the Courts. Note: Source—R.R. 7:19-4. Amended December 21, 1971 to be effective January 31, 1972. 1:30-5. Vacations (a) Judges. Vacations of judges of all appellate courts shall be scheduled by the Chief Justice. Vacations of judges of all trial courts, except the Tax Court and the municipal courts, shall be scheduled by the Assignment Judge, subject to the approval of the Chief Justice. Judges of the municipal courts shall schedule their own vacations, subject to the approval of the presiding judge of such court and the Administrative Director of the Courts, but shall make provision where necessary for other judges to sit in their stead. The presiding judge of the Tax Court shall schedule vacations of the judges thereof, subject to the approval of the Chief Justice. (b) Supporting Personnel. Vacations of persons in the judicial branch of government shall be scheduled insofar as practicable during times when the courts are in recess or at such other times as shall least inconvenience the work of the courts. The amount of vacation time allowed shall be commensurate with that allowed other public employees holding comparable positions. The vacations of all persons assigned to or employed by a judge shall be subject to the approval of such judge and the Assignment Judge. Note: Source—R.R. 1:28-5, 6:2-7. Paragraph (a) amended June 20, 1979 to be effective July 1, 1979; paragraph (a) amended July 22, 1983 to be effective September 12, 1983. APPENDIX A - RULES 1:33-3 RULE 1:33. ADMINISTRATIVE RESPONSIBILITY 1:33-1. The Chief Justice of the Supreme Court; Acting Chief Justice The Chief Justice of the Supreme Court shall be responsible for the administration of all courts in the State. To assist in those duties the Chief Justice shall appoint an Administrative Director of the Courts who shall serve at the pleasure of and report directly to the Chief Justice. A full-time judge of any court of this State may be designated to serve temporarily as Acting Administrative Director, in which event such judge shall continue to hold, and shall only be paid the salary of such judicial office. If there is a vacancy in the office of Chief Justice, the senior justice shall serve temporarily as Acting Chief Justice. Seniority shall be determined by order of taking of oath as a member of the court. If the Chief Justice is absent or unable to serve, the senior justice shall serve temporarily as Acting Chief Justice. Note: Source—R.R. 6:2-1A(b), 7:20-2(b), 8:13-3A, Const. of 1947, Art. VI, Sec. VII, par. 1; amended June 5, 1973, effective immediately; 5th, 6th and 7th sentences adopted October 30, 1973, to be effective immediately; amended January 16, 1975 to be effective April 1, 1975; amended June 20, 1979 to be effective July 1, 1979; amended October 26, 1983, to be effective immediately; amended June 29, 1990 to be effective September 4, 1990. 1:33-2. Court Managerial Structure (a) The Chief Justice shall divide the State into such geographical divisions as appropriate to facilitate the efficient administration of the courts. Such geographical divisions shall be known as “vicinages.” (b) For each vicinage, the Chief Justice shall designate a judge of the Superior Court to serve as Assignment Judge. Each such Assignment Judge shall serve at the pleasure of and report directly to the Chief Justice. (c) Within each vicinage, the Chief Justice shall organize the trial court system into four functional units to facilitate the management of the trial court system within that vicinage. These units shall be: Civil, Criminal, Family and General Equity. (d) (1) Each functional unit shall be supervised by a Presiding Judge who shall be appointed by the Chief Justice, after consultation with the Assignment Judge, and who shall serve at the pleasure of the Chief Justice. A Presiding Judge may supervise more than one functional unit. The Presiding Judge shall report directly and be responsible to the Assignment Judge. (2) The Chief Justice may appoint the Assignment Judge to serve as the Presiding Judge for one or more functional units within the vicinage. (e) The Chief Justice shall designate a judge of the Tax Court as presiding judge, to serve at the pleasure of the Chief Justice. Note: Former rule redesignated R. 1:33-3 and new rule adopted October 26, 1983, to be effective immediately; paragraphs (a) (b) (d) and (e) amended June 29, 1990 to be effective September 4, 1990; paragraph (c) amended June 28, 1996 to be effective September 1, 1996. 1:33-3. The Administrative Director of the Courts The Administrative Director of the Courts shall be generally responsible for the enforcement of the rules, policies and directives of the Supreme Court and the Chief Justice relating to matters of administration. At the direction of the Chief Justice and the Supreme Court, the Administrative Director shall promulgate a compilation of administrative 1:33-4 APPENDIX A - RULES rules and directives relating to case processing, records and management information services, personnel, budgeting and such other matters as the Chief Justice and Supreme Court shall direct. The Administrative Director also shall perform such other functions and duties as may be assigned by the Chief Justice or by rule of the Supreme Court. Note: Former Rule redesignated R. 1:33-4 October 26, 1983, to be effective immediately. Source (Current Rule)—Formerly R. 1:33-2 redesignated as R. 1:33-3 and amended October 26, 1983 to be effective immediately; amended June 29, 1990 to be effective September 4, 1990. 1:33-4. Assignment Judges; Presiding Judge for Administration of the Appellate Division (a) The Assignment Judge shall be the chief judicial officer within the vicinage and shall have plenary responsibility for the administration of all courts therein, subject to the direction of the Chief Justice and the rules of the Supreme Court. The Assignment Judge shall be responsible for the implementation and enforcement of the rules, policies and directives of the Supreme Court, the Chief Justice and the Administrative Director. (b) The Assignment Judge shall be the authorized representative of the Chief Justice for the efficient and economic management of all courts within the vicinage. The responsibilities of the Assignment Judge also shall include all such matters affecting county and municipal governments, including but not limited to budgets, personnel, and facilities. (c) The Assignment Judge shall be responsible for the supervision and efficient management of all court matters filed in the vicinage and for the supervision, superintendence and allocation of all judges and personnel having a judicial support function within the vicinage. (d) The Assignment Judge shall have full responsibility for the administration of all court units within the vicinage, including those of the Surrogate and the Deputy Clerk of the Superior Court. (e) Subject to uniform minimum standards and conditions promulgated by the Administrative Director, the Assignment Judge may appoint and discharge judicial support personnel within the vicinage. (f) The Assignment Judge shall perform such additional duties as shall be assigned by the Chief Justice or by rule of the Supreme Court. (g) The Presiding Judge for Administration of the Appellate Division, with the assistance of the Deputy Presiding Judge for Administration, shall have responsibility for the administration of the Appellate Division subject to the direction of the Chief Justice and the rules of the Supreme Court. The Presiding Judge for Administration shall be responsible for the implementation and enforcement of the rules, policies and directives of the Supreme Court, the Chief Justice and the Administrative Director; the responsibilities of the Presiding Judge for Administration shall include all personnel and management matters as are assigned by the Chief Justice or by rule of the Supreme Court, and the Presiding Judge for Administration shall perform such additional duties as may be assigned. Note: Former Rule redesignated R. 1:33-6 October 26, 1983, to be effective immediately. Source (Current Rule)—R.R. 1:29-1, 1:29-1A, 1:29-2, 1:31-1, 3:11-5 (first sentence), 4:41-4(b) (first sentence). Formerly R. 1:33-3, redesignated and amended October 26, 1983, to be effective immediately; caption amended and paragraph (g) adopted November 1, 1985 to be effective January 2, 1986; paragraphs (a) (b) (e) and (f) amended June 29, 1990 to be effective September 4, 1990; paragraph (g) amended October 8, 2013. APPENDIX A - RULES 1:33-6 1:33-5. Trial Court Administrators—Case Coordinators (a) The Trial Court Administrator shall be the administrative arm of the courts within the vicinage, under the direction of the Assignment Judge and the Administrative Director. The Trial Court Administrator shall be appointed by the Administrative Director, after consultation with the Assignment Judge, subject to the approval of the Chief Justice. The responsibilities of the Trial Court Administrator shall include the provision of technical and managerial support to the Assignment Judge and Administrative Director with respect to budget development and expenditures, the supervision of all judicial support personnel, program development and analysis, facilities and resource management, the provision of such assistance as shall be necessary to such advisory committees to the courts as shall be appointed, and such additional administrative duties as shall be designated by the Administrative Director. (b) After consultation with the Assignment Judge, the Administrative Director may appoint such Assistant Trial Court Administrators as are deemed necessary. The Assistant Trial Court Administrators shall report to and be supervised by the Trial Court Administrator. (c) For each vicinage there shall be a Case Coordinator who shall be responsible for the efficient movement of cases within the vicinage, subject to the direction of the Assignment Judge. (d) The Trial Court Administrator shall serve as the Case Coordinator for the vicinage, provided, however, that the Administrative Director may designate, after consultation with the Assignment Judge, an Assistant Trial Court Administrator to serve as Case Coordinator. Note: Former Rule redesignated R. 1:33-9 and new Rule adopted October 26, 1983, to be effective immediately; paragraphs (a) and (b) amended June 29, 1990 to be effective September 4, 1990. 1:33-6. Presiding Judges of Functional Units (a) Except as provided by the Chief Justice or by the Supreme Court, the Assignment Judge may delegate to the Presiding Judge of each functional unit within the vicinage, judicial duties and responsibilities allocated to the Assignment Judge by these rules. (b) In addition to judicial duties, the Presiding Judge of each functional unit within the vicinage shall be responsible for the expeditious processing to disposition of all matters filed within that unit. (c) The Presiding Judge annually shall submit to the Trial Court Administrator and Assignment Judge, budget and personnel needs and recommendations for the unit at such times and in such format and in accordance with such procedures as shall be prescribed by the Administrative Director. (d) The Presiding Judge shall perform such additional administrative duties as shall be assigned by the Assignment Judge and shall be responsible for the implementation and enforcement within the court of all administrative rules, policies and directives of the Supreme Court, the Chief Justice, the Administrative Director and the Assignment Judge. Note: Source—R.R. 1:31-1, 6:2-1A, 7:7-2, 7:7-8, 7:7-9, 7:19-2 (first sentence), 7:20-2(a), 8:7-1 (third and fourth sentences), 8:13-3A. Formerly R. 1:33-4, redesignated and amended October 26, 1983, to be effective immediately; new paragraph (a) adopted and paragraphs (a), (b), and (c) 1:34-2 APPENDIX A - RULES redesignated (b), (c), and (d), respectively November 1, 1985 to be effective January 2, 1986; paragraphs (b) (c) and (d) amended June 29, 1990 to be effective September 4, 1990. RULE 1:34. SUPPORTING PERSONNEL OF THE COURTS 1:34-2. Clerks of Court The clerk of every court, except the Supreme Court, the Appellate Division, the Superior Court and the Tax Court, shall be responsible to and under the supervision of the judge or presiding judge of the court that the clerk serves, the Assignment Judge of the county, and the Administrative Director of the Courts. The clerks of the Supreme and Superior Courts shall be responsible to and under the supervision of the Administrative Director of the Courts and the Chief Justice. The clerk of the Appellate Division shall be responsible to and under the supervision of the Administrative Director of the Courts, the Chief Justice, and the Presiding Judge for Administration of the court. The clerk of the Tax Court shall be responsible to and under the supervision of the presiding judge of the court and the Administrative Director of the Courts. Each county shall have one or more deputy clerks of the Superior Court with respect to Superior Court matters filed in that county; deputy clerks may issue writs out of the Superior Court. The Surrogate of the county shall be the deputy clerk of the Superior Court, Chancery Division, Probate Part, with respect to probate matters pending in that county. The Vicinage Chief Probation Officer shall be the deputy clerk of the Superior Court for the purpose of certifying child support judgments and orders as required by R. 4:101, and with respect to writs of execution as provided by R. 4:59-1(c). All employees serving as deputy clerks of the Superior Court shall be, in that capacity, responsible to the clerk of the Superior Court. Note: Source—R.R. 6:2-7, 7:21-1, 7:21-2, 8:13-4. Amended July 14, 1972 to be effective September 5, 1972; amended June 20, 1979 to be effective July 1, 1979; amended June 29, 1990 to be effective September 4, 1990; amended July 14, 1992 to be effective September 1, 1992; amended June 28, 1996 to be effective June 28, 1996; amended July 28, 2004 to be effective September 1, 2004; amended July 19, 2012 to be effective September 4, 2012. RULE 1:36. OPINIONS; FILING; PUBLICATION 1:36-1. Filing of Opinions The original of each written opinion handed down in each court, including letter opinions and memorandum decisions, shall be filed with the clerk of the court in which rendered and copies thereof shall be sent to counsel and, on all appeals, to the court or agency below. Opinions of the Appellate Division shall have typed or stamped thereon the following notice: “Not for Publication Without the Approval of the Appellate Division.” Opinions of the trial courts shall have typed or stamped thereon the following notice: “Not for Publication Without the Approval of the Committee on Opinions.” Note: Source—R.R. 1:32(a) (b); amended July 13, 1994 to be effective September 1, 1994. 1:36-2. Publication (a) Appellate Opinions. All opinions of the Supreme Court shall be published except where otherwise directed by the Court. Opinions of the Appellate Division shall be published only upon the direction of the panel issuing the opinion. APPENDIX A - RULES 1:36-3 (b) Committee on Opinions; Trial Court Opinions. The Chief Justice shall appoint a Committee on Opinions to review formal written opinions submitted for publication by a trial judge. Except in extraordinary circumstances, the Committee shall not review a trial court opinion until the time for appeal from the final judgment in the cause has expired. If an appeal has not been taken, the Committee shall determine whether to approve publication of the trial court opinion. If an appeal has been taken, the Appellate Division panel shall determine, when it decides the appeal, whether the trial court opinion shall be published. A trial judge submitting an opinion for review for publication shall file it with the Administrative Office of the Courts in triplicate with the notation on its face that it is being submitted for publication. (c) Request for Publication. Any person may request publication of an opinion by letter to the Committee on Opinions explaining the basis of the request with specificity and with reference to the guidelines prescribed by paragraph (d). In the case of Appellate Division opinions, the Committee shall transmit the request to the presiding judge of the panel together with its recommendation, but the court shall retain the publication decision. (d) Guidelines for Publication. An opinion in appropriate form, excluding letter opinions and transcripts of oral opinions, shall be published where the decision (1) involves a substantial question under the United States or New Jersey Constitution, or (2) determines a new and important question of law, or (3) changes, reverses, seriously questions or criticizes the soundness of an established principle of law, or (4) determines a substantial question on which the only case law in this State antedates September 15, 1948, or (5) is based upon a matter of practice and procedure not theretofore authoritatively determined, or (6) is of continuing public interest and importance, or (7) resolves an apparent conflict of authority, or (8) although not otherwise meriting publication, constitutes a significant and nonduplicative contribution to legal literature by providing an historical review of the law, or describing legislative history, or containing a collection of cases that should be of substantial aid to the bench and bar. Note: Source—R.R. 1:32(c) (d); amended July 29, 1977 to be effective September 6, 1977; text deleted and paragraphs (a)(b)(c) and (d) substituted July 13, 1994 to be effective September 1, 1994. 1:36-3. Unpublished Opinions No unpublished opinion shall constitute precedent or be binding upon any court. Except for appellate opinions not approved for publication that have been reported in an authorized administrative law reporter, and except to the extent required by res judicata, collateral estoppel, the single controversy doctrine or any other similar principle of law, no unpublished opinion shall be cited by any court. No unpublished opinion shall be cited to any court by counsel unless the court and all other parties are served with a copy of the opinion and of all contrary unpublished opinions known to counsel. Note. Adopted July 16, 1981 to be effective September 14, 1981; caption and rule amended July 13, 1994 to be effective September 1, 1994; amended July 12, 2002 to be effective September 3, 2002; amended July 23, 2010 to be effective September 1, 2010. 1:37-1 APPENDIX A - RULES RULE 1:37. COURT TITLES; SEALS; ABBREVIATIONS 1:37-1. Title of Courts The titles of the courts of this State shall be as follows: (a) “Supreme Court of New Jersey” (b) “Superior Court of New Jersey, ______” (here state Law, Chancery or Appellate Division, as appropriate and the part thereof, if any) (c) “Tax Court of New Jersey” (d) “Municipal Court of ______” (here state the name of the municipality) Note: Source—R.R. 1:1-1, 2:1-1, 4:118-1, 5:1-1. Amended June 20, 1979 to be effective July 1, 1979; amended December 20, 1983 to be effective December 31, 1983. 1:37-3. Abbreviations; Title on Temporary Assignment The following abbreviations may be used in orders, judgments, opinions and memoranda: C.J.for Chief Justice of the Supreme Court J.for Associate Justice of the Supreme Court P.J.A.D.for Presiding Judge of a Part of the Appellate Division J.A.D.for Judge of the Appellate Division A.J.S.C.for Assignment Judge J.S.C.for Judge of the Superior Court P.J.Ch.for Presiding Judge of the Superior Court, Chancery Division P.J.F.P.for Presiding Judge of the Family Part, Chancery Division P.J.Cv.for Presiding Judge of the Civil Part, Law Division P.J.Cr.for Presiding Judge of the Criminal Part, Law Division P.J.T.C.for Presiding Judge of the Tax Court J.T.C.for Judge of the Tax Court P.J.M.C.for Presiding Judge-Municipal Courts J.M.C.for Judge of the Municipal Court If a judge is temporarily assigned to a court, that judge’s permanent title followed by the words “(temporarily assigned)” shall be used. If a retired judge is recalled and assigned pursuant to N.J.S. 43:6A-13, that judge’s permanent title at the time of retirement followed by the phrase “(retired and temporarily assigned on recall)” shall be used. Note: Source—R.R. 1:33; amended November 27, 1974 to be effective April 1, 1975; amended July 29, 1977 to be effective September 6, 1977; amended June 20, 1979 to be effective July 1, 1979; amended December 20, 1983 to be effective December 31, 1983; amended July 13, 1994 to be effective September 1, 1994; amended July 28, 2004 to be effective September 1, 2004. RULE 1:43. FILING AND OTHER FEES ESTABLISHED PURSUANT TO N.J.S.A. 2B:1-7 The following filing fees and other fees payable to the court, revised and supplemented by the Supreme Court in accordance with N.J.S.A. 2B:1-7, are established effective November 17, 2014. All other filing fees or other fees not here listed are unchanged by the process set forth in N.J.S.A. 2B:1- 7. All State Courts Fee Subject Fee Authority Affixing Court Seal $10.00 N.J.S.A. 22A:2-20 Exemplification $50.00 N.J.S.A. 22A:2-20 APPENDIX A - RULES 2:2-2 Certified Copy of any document $15.00 N.J.S.A. 22A:2-19 Non-Party Notice of Appearance Fee (except for Special Civil Part) $50.00 N.J.S.A. 22A:2-37.1 Recording Instruments not otherwise provided for $35.00 N.J.S.A. 22A:2-7 Supreme Court Fee Subject Fee Authority Notice of Appeal or Cross Appeal; Petition and Cross Petition For Certification or Review $250.00 N.J.S.A. 22A:2-1 First paper filed if not in a pending case or if made after judgment entered $50.00 N.J.S.A. 22A:2-1 Superior Court, Appellate Division Fee Subject Fee Authority Notice of Appeal or Cross Appeal $250.00 N.J.S.A. 22A:2-5 First paper filed if not in a pending case or if made after judgment entered $50.00 N.J.S.A. 22A:2-5 [Other Divisions not set out herein] Part II RULES GOVERNING APPELLATE PRACTICE IN THE SUPREME COURT AND THE APPELLATE DIVISION OF THE SUPERIOR COURT RULE 2:1. SCOPE Unless otherwise stated, the rules in Part II govern the practice and procedure in the Supreme Court and the Appellate Division of the Superior Court. Note: Source—R.R. 2:1-10. RULE 2:2. APPEALABLE JUDGMENTS AND DETERMINATIONS 2:2-1. Appeals to the Supreme Court from Final Judgments (a) As of Right. Appeals may be taken to the Supreme Court from final judgments as of right: (1) in cases determined by the Appellate Division involving a substantial question arising under the Constitution of the United States or this State; (2) in cases where, and with regard to those issues as to which, there is a dissent in the Appellate Division; and (3) in such cases as are provided by law. (b) On Certification. Appeals may be taken to the Supreme Court from final judgments on certification to the Appellate Division pursuant to R. 2:12. Note: Source—R.R. 1:2-1(a) (b) (c) (d) (e). Paragraph (a) (2) amended February 28, 1979 to be effective immediately; paragraph (a) amended July 27, 2018 to be effective September 1, 2018. 2:2-2. Appeals to the Supreme Court from Interlocutory Orders Appeals may be taken to the Supreme Court by its leave from interlocutory orders: (a) Of the Appellate Division when necessary to prevent irreparable injury; or 2:2-3 APPENDIX A - RULES (b) On certification by the Supreme Court to the Appellate Division pursuant to R. 2:12-1. Note: Source—R.R. 1:2-3(a); amended July 17, 1975 to be effective September 8, 1975; amended September 28, 1982 to be effective immediately; paragraph (a) deleted, former paragraph (b) amended and redesignated as paragraph (a), and former paragraph (c) redesignated as paragraph (b) July 27, 2018 to be effective September 1, 2018. 2:2-3. Appeals to the Appellate Division from Final Judgments, Decisions, Actions and from Rules; Tax Court (a) As of Right. Except as otherwise provided by R. 2:2-1(a) (3) (final judgments appealable directly to the Supreme Court), and except for appeals from a denial by the State Police of an application to make a gun purchase under a previously issued gun purchaser card, which appeals shall be taken to the designated gun permit judge in the vicinage, appeals may be taken to the Appellate Division as of right (1) from final judgments of the Superior Court trial divisions, or the judges thereof sitting as statutory agents; the Tax Court; and in summary contempt proceedings in all trial courts except municipal courts; (2) to review final decisions or actions of any state administrative agency or officer, and to review the validity of any rule promulgated by such agency or officer excepting matters prescribed by R. 8:2 (tax matters) and matters governed by R. 4:74-8 (Wage Collection Section appeals), except that review pursuant to this subparagraph shall not be maintainable so long as there is available a right of review before any administrative agency or officer, unless the interest of justice requires otherwise; (3) in such cases as are provided by law. Final judgments of a court, for appeal purposes, shall also include those referred to by R. 3:28-6(c) (order enrolling defendant into the pretrial intervention program over the objection of the prosecutor), R. 3:26-3 (material witness order), R. 4:42-2 (certification of interlocutory order), R. 4:53-1 (order appointing statutory or liquidating receiver), R. 5:8-6 (final custody determination in bifurcated family action), and R. 5:10-9 (order on preliminary hearing in adoption action). An order granting or denying a motion to extend the time to file a notice of tort claim pursuant to N.J.S.A. 59:8-9, whether entered in the cause or by a separate action, and all orders compelling or denying arbitration, whether the action is dismissed or stayed, shall also be deemed a final judgment of the court for appeal purposes. (b) By Leave. On application made pursuant to R. 2:5-6, appeals may be taken to the Appellate Division by leave granted, in extraordinary cases and in the interest of justice, from final judgments of a court of limited jurisdiction or from actions or decisions of an administrative agency or officer if the matter is appealable or reviewable as of right in a trial division of the Superior Court, as where the jurisdiction of the court, agency or officer is questioned on substantial grounds. Note: Source—R.R. 2:2-1(a) (b) (c) (d) (f) (g), 2:2-4, 2:12-1, 3:10-11, 4:88-7, 4:88-8(a) (first sentence), 4:88-10 (first sentence), 4:88-14, 6:3-11(a). Paragraph (a) amended July 14, 1972 to be effective September 5, 1972; paragraph (b) amended November 27, 1974 to be effective April 1, 1975; caption and paragraph (a) amended June 20, 1979 to be effective July 1, 1979; paragraph (a) amended July 8, 1980 to be effective July 15, 1980; paragraph (a) amended July 15, 1982 to be effective September 13, 1982; paragraph (a)(1) amended July 22, 1983 to be effective September 12, 1983; paragraph (a) amended December 20, 1983 to be effective December 31, 1983; paragraph (b) amended APPENDIX A - RULES 2:3-1 July 26, 1984 to be effective September 10, 1984; paragraph (a) amended July 14, 1992 to be effective September 1, 1992; paragraph (a) amended June 28, 1996 to be effective September 1, 1996; paragraph (a) amended July 10, 1998 to be effective September 1, 1998; paragraph (a) amended July 5, 2000 to be effective September 5, 2000; paragraph (a) amended July 27, 2006 to be effective September 1, 2006; paragraph (a)(3) amended July 23, 2010 to be effective September 1, 2010; paragraph (a) amended July 21, 2011 to be effective September 1, 2011; paragraph (a) amended July 19, 2012 to be effective September 4, 2012; paragraph (a) amended July 31, 2020 to be effective September 1, 2020. 2:2-4. Appeals to the Appellate Division from Interlocutory Orders, Decisions or Actions Except as otherwise provided by R. 3:28, the Appellate Division may grant leave to appeal, in the interest of justice, from an interlocutory order of a court or of a judge sitting as a statutory agent, or from an interlocutory decision or action of a state administrative agency or officer, if the final judgment, decision or action thereof is appealable as of right pursuant to R. 2:2-3(a). Note: Source—R.R. 2:2-3(a) (first sentence), 4:88-8(b). Amended October 25, 1982 to be effective December 1, 1982; amended July 27, 2018 to be effective September 1, 2018. 2:2-5. Consequences of Certain Appellate Division Judgments (a) Interlocutory Orders. A judgment of the Appellate Division on an appeal to it from an interlocutory order, decision or action shall be deemed to be interlocutory and not reviewable by the Supreme Court as a final judgment, unless the judgment of the Appellate Division is dispositive of the action. (b) Final Judgments. A judgment of the Appellate Division on an appeal to it from a final judgment shall be reviewable by the Supreme Court on certification or, when appropriate, as of right, notwithstanding the remand of the matter by the Appellate Division for further proceedings. If jurisdiction is retained, however, the matter is interlocutory and subject to R. 2:5-6 and R. 2:8-1. Note: Source—R.R. 1:2-2, 2:2-2. Amended September 5, 1969 to be effective September 8, 1969; former rule designated paragraph (a) and new paragraph (b) adopted November 2, 1987 to be effective January 1, 1988. RULE 2:3. WHO MAY APPEAL 2:3-1. Appeal by the State in Criminal Actions In any criminal action the State may appeal or where appropriate, seek leave to appeal pursuant to R. 2:5-6(a): (a) to the Supreme Court from a final judgment or from an order of the Appellate Division, pursuant to R. 2:2-2 (a) or 2:2-3; (b) to the appropriate appellate court from: (1) a judgment of the trial court dismissing an indictment, accusation or complaint, where not precluded by the constitution of the United States or of New Jersey; (2) an order of the trial court entered before trial in accordance with R. 3:5 (search warrants); (3) a judgment of acquittal entered in accordance with R. 3:18-2 (judgment n.o.v.) following a jury verdict of guilty; (4) a judgment in a post-conviction proceeding collaterally attacking a conviction or sentence; (5) an interlocutory order entered before, during or after trial, or, (6) as otherwise provided by law. Note: Source—R.R. 1:2-4(a) (c) (1) (2), 3:2A-10, 3:5-5(b) (7). Paragraph (b) (3) amended July 29, 1977 to be effective September 6, 1977; paragraph (b) amended July 16, 1979 to be effective 2:3-2 APPENDIX A - RULES September 10, 1979; paragraph (b)(5) amended and (6) adopted August 28, 1979 to be effective September 1, 1979; paragraph (a) amended July 27, 2018 to be effective September 1, 2018. 2:3-2. Appeal by Defendant and Others in Criminal Actions In any criminal action, any defendant, the defendant’s legal representative, or other person aggrieved by the final judgment of conviction entered by the Superior Court, including a judgment imposing a suspended sentence, or by an adverse judgment in a post-conviction proceeding attacking a conviction or sentence or by an interlocutory order or judgment of the trial court, may appeal or, where appropriate, seek leave to appeal, to the appropriate appellate court. Note: Source—R.R. 1:2-1(b), 3:2A-10, 3:5-5(b) (6), 3:10-11; amended July 26, 1984 to be effective September 10, 1984; amended July 13, 1994 to be effective September 1, 1994. 2:3-3. Joint and Several Appeals Parties interested jointly, severally or otherwise in a judgment, order, decision or action may join in an appeal therefrom or may appeal separately. Note: Source—R.R. 1:2-5. 2:3-4. Cross Appeals (a) To the Appellate Division. A respondent may cross appeal as of right except that if an appeal is taken from any order by leave of court, a cross appeal may not be taken from any other order in the matter without leave pursuant to R. 2:5-6(b). (b) To the Supreme Court. A respondent may cross appeal as of right only if such cross appeal meets the requirements of R. 2:2-1(a). Further, if an appeal is taken from any order by leave of court, a cross appeal may not be taken in the matter without leave pursuant to R. 2:5-6(b). Note: Source—R.R. 1:2-6. Former rule designated paragraph (a) and new paragraph (b) adopted February 28, 1979 to be effective immediately. 2:3-5. Workers’ Compensation Appeals Involving Employers Only If the only issue on appeal is which of 2 or more employers or insurance carriers is liable or the proper apportionment of liability between 2 or more employers or insurance carriers, the award entered by the Division of Workers’ Compensation shall be forthwith paid to the petitioner by the party or parties against whom judgment has been entered, and the appeal shall be taken by the party or parties making the payment. If the original award is altered on appeal the judgment shall be in favor of a party who paid and against the parties finally held responsible for payment, with interest from the date of the payment of the original award. Note: Adopted July 14, 1972 to be effective September 5, 1972 (formerly R. 4:74-1(b)); amended July 16, 1981 to be effective September 14, 1981. RULE 2:4. TIME FOR APPEAL 2:4-1. Time: From Judgments, Orders, Decisions, Actions and from Rules (a) Except as set forth in subparagraphs (1) and (2), appeals from final judgments of courts, final judgments or orders of judges sitting as statutory agents and final judgments of the Division of Workers’ Compensation shall be filed within 45 days of their entry. APPENDIX A - RULES 2:4-3 (1) Appeals from final judgments terminating parental rights shall be filed within 21 days of their entry. (2) Direct appeals from judgments of conviction and sentences shall be filed within 45 days of entry of trial court orders granting petitions for post- conviction relief pursuant to R. 3:22-11 under the limited circumstances where defendant has demonstrated ineffective assistance of counsel in trial counsel’s failure to file a direct appeal from the judgment of conviction and sentence upon defendant’s timely request. (b) Appeals from final decisions or actions of state administrative agencies or officers, other than appeals from judgments of the Division of Workers’ Compensation and other than those governed by R. 8:2 (tax matters) and by R. 4:74-8 (Wage Collection Section appeals), shall be filed within 45 days from the date of service of the decision or notice of the action taken. (c) Applications for leave to appeal from interlocutory orders, decisions or actions shall be made within the time provided by R. 2:5-6(a). Note: Source—R.R. 1:3-1, 4:88-15(a), 4:88-15(b)(7); paragraph (b) amended November 27, 1974 to be effective April 1, 1975; paragraph (b) amended June 20, 1979 to be effective July 1, 1979; paragraphs (a) and (b) amended July 16, 1981 to be effective September 14, 1981; paragraph (a) amended June 26, 2012 to be effective September 4, 2012; effective date of June 26, 2012 amendments changed to November 5, 2012 by order of August 20, 2012; paragraphs (a) and (b) amended July 27, 2018 to be effective September 1, 2018. 2:4-2. Time for Cross Appeals and Appeals by Respondents (a) As of Right. Cross appeals from final judgments, orders, administrative decisions or actions and cross appeals from orders as to which leave to appeal has been granted may be taken by serving and filing a notice of cross appeal and, where required under R. 2:5-1(a), a Case Information Statement, within 15 days after the service of the notice of appeal or the entry of an order granting leave to appeal. A respondent on appeal may appeal against a non-appealing party by serving and filing a notice of appeal and, where required under R. 2:5-1(a), a Case Information Statement, within the time fixed for cross appeals. (b) Where Leave Is Required. Applications for leave to cross appeal from interlocutory orders and administrative decisions or actions as to which leave to appeal has not been granted shall be made within the time provided by R. 2:5-6(b). Note: Source—R.R. 1:3-2. Caption and paragraph (a) amended July 7, 1971 to be effective September 13, 1971; paragraph (a) amended March 22, 1984 to be effective April 15, 1984; paragraph (a) amended November 1, 1985 to be effective January 2, 1986. 2:4-3. Tolling of Time for Appeal and Certification The running of the time for taking an appeal and for the service and filing of a notice of petition for certification shall be tolled: (a) By the death of an aggrieved party, or by the death, disbarment, resignation or suspension of the attorney of record for such party, but the time shall run anew from the date of death, disbarment, resignation or suspension; or (b) By the timely filing and service of an application for reconsideration made to the Appellate Division pursuant to R. 2:11-6 or, on an appeal to 2:4-4 APPENDIX A - RULES the Appellate Division from a state administrative agency or officer, to the agency pursuant to its rules and practice, but the remaining time shall again begin to run from the date of the entry of the Appellate Division order denying such application or the date of service of the decision or denial of such application by the agency; or (c) In criminal actions on an appeal to the Appellate Division by the timely filing and service of a motion to the trial court for judgment pursuant to R. 3:18-2, or for a new trial pursuant to R. 3:20, or in arrest of judgment pursuant to R. 3:21-9, or for reconsideration of an order granting pretrial detention pursuant to R. 2:9-13, or for rehearing or to amend or make additional findings of fact pursuant to R. 1:7-4. The remaining time shall again begin to run from the date of the entry of an order denying or disposing of such a motion; or (d) In criminal actions by insanity of the defendant, but the time shall run anew from the date of the removal of such disability; or (e) In civil actions on an appeal to the Appellate Division by the timely filing and service of a motion to the trial court for rehearing or to amend or make additional findings of fact pursuant to R. 1:7-4; or for judgment pursuant to R. 4:40-2; or for a new trial pursuant to R. 4:49-1; or for rehearing or reconsideration seeking to alter or amend the judgment or order pursuant to R. 4:49-2. The remaining time shall again begin to run from the date of the entry of an order disposing of such a motion. Note: Source—R.R. 1:3-3(a) (c) (f) (g), 1:10-4(b); paragraph (e) amended November 5, 1986 to be effective January 1, 1987; paragraph (b) amended November 7, 1988 to be effective January 2, 1989; paragraph (c) amended June 29, 1990 to be effective September 4, 1990; paragraphs (c) and (e) amended July 27, 2006, to be effective September 1, 2006; paragraph (c) amended July 31, 2020 to be effective September 1, 2020. 2:4-4. Extension of Time for Appeal and Review The time within which an appeal may be taken may not be extended except upon motion and in accordance with the following: (a) The appellate court, on a showing of good cause and the absence of prejudice, may extend the time fixed by R. 2:4-1(a) (final judgment), 2:4- 1(b) (final state administrative decisions), and 2:12-3(a) (certification of final judgment of the Appellate Division) for a period not exceeding 30 days, but only if the notice of appeal or notice of petition for certification was in fact served and filed within the time as extended. (b) The appellate court, on a showing of good cause and the absence of prejudice, may: (1) Extend the time fixed by R. 2:5-6(a) (interlocutory orders, decisions and actions) for a period not exceeding an additional 15 days. (2) Grant leave to appeal as within time from an interlocutory order, decision or action, provided that the appeal was in fact taken within the time for appeals from final judgments, decisions or actions. (c) The appellate court may extend the time fixed by R. 2:4-2(a) (cross appeals and appeals by respondents as of right), R. 2:5-6(b) (cross appeals), 2:12-2(a) (motion for certification of appeal pending unheard in APPENDIX A - RULES 2:5-1 the Appellate Division) and 2:12-3(b) (cross petition for certification), for such period as it deems reasonable. Note: Source—R.R. 1:27(B) (d) (e). Paragraph (b) amended July 7, 1971 to be effective September 13, 1971. Paragraph (a) amended July 29, 1977 without effective date and amendment rescinded December 16, 1977; paragraph (c) amended November 5, 1986 to be effective January 1, 1987; paragraphs (a) and (b) amended July 27, 2006 to be effective September 1, 2006. RULE 2:5. HOW TO APPEAL 2:5-1. Notice of Appeal; Order in Lieu Thereof; Case Information Statement (a) Service and Filing in Judicial Proceedings. An appeal from the final judgment of a court is taken by serving a copy of a notice of appeal and the request for transcript upon all other parties who have appeared in the action and, in adult criminal matters, upon the Appellate Section of the New Jersey Division of Criminal Justice, and by filing the originals with the appellate court and a copy of the notice of appeal and the transcript request with the court from which the appeal is taken. In criminal matters when bail pending appeal is sought, the party seeking bail shall present to the sentencing judge a copy of the notice of appeal with a certification thereon that the original has been filed with the appellate court. A notice of appeal to the Appellate Division shall have annexed thereto a Case Information Statement in the form prescribed by paragraph (f) of this rule, and the respondent shall file such a Case Information Statement within 15 days after service upon him of the notice of appeal. (b) Notice to Trial Judge or Agency. In addition to the filing of the notice of appeal the appellant shall mail a copy thereof, with a copy of the Case Information Statement annexed, by ordinary mail to the trial judge. If the appeal is taken directly from the decision or action of an administrative agency or officer, the appellant shall mail a copy of the notice of appeal, with a copy of the Case Information Statement annexed, to the agency or officer, except that if the appeal is taken from the Division of Workers’ Compensation, a copy of the notice of appeal shall also be sent to the Workers’ Compensation judge who decided the matter. Within 15 days thereafter, the trial judge, agency or officer, may file and mail to the parties an amplification of a prior statement, opinion or memorandum made either in writing or orally and recorded pursuant to R. 1:2-2. If there is no such prior statement, opinion or memorandum, the trial judge, agency or officer shall within such time file with the Clerk of the Appellate Division and mail to the parties a written opinion stating findings of fact and conclusions of law. The appellate court shall have jurisdiction of the appeal notwithstanding a failure to give notice to the trial judge, agency or officer, as required by this rule. (c) Service in Juvenile Delinquency Actions. If the appeal is from a judgment in a juvenile delinquency action, a copy of the notice of appeal shall be served, within 3 days after the filing thereof, upon the county prosecutor, who shall appear and participate in the appellate proceedings. (d) Service and Filing in Administrative Proceedings. An appeal to the Appellate Division to review the decision, action or administrative rule 2:5-1 APPENDIX A - RULES of any state administrative agency or officer is taken by serving copies of the notice of appeal upon the agency or officer, the Attorney General and all other interested parties, and by filing the original of the notice with the Appellate Division. Service on the Attorney General shall be made pursuant to R. 4:4-4(a)(7). On an appeal from the Division of Workers’ Compensation the Division shall not be considered a party to the appeal, and the notice of appeal shall not be served upon the Attorney General unless representing a party to the appeal. (e) Contents of Notice of Appeal and Case Information Statement; Form; Certifications. (1) Form of Notice of Appeal. A notice of appeal to the Appellate Division may be in the form prescribed by the Administrative Director of the Courts as set forth in Appendix IV of these Rules. The use of said form shall be deemed to be compliance with the requirements of subparagraphs 2 and 3 hereof. A notice of appeal to the Supreme Court shall meet the requirements of subparagraph 3(i), (ii) and the portions of (iii) that address service of the notice and the payment of fees. Notices of appeal in capital causes shall also include the appropriate attorney’s certification in respect of transcripts. The notice of appeal to the Appellate Division shall have annexed thereto a Case Information Statement as prescribed by subparagraph 2 of this rule. (2) Form of the Case Information Statement; Sanctions. The Case Information Statement shall be in the form prescribed by the Administrative Director of the Courts as set forth in Appendix VII and VIII of these Rules (civil and criminal appeals, respectively). The appellant’s Case Information Statement shall have annexed to it a copy of the final judgment, order, or agency decision appealed from except final judgments entered by the clerk on a jury verdict. In the event there is any change with respect to any entry on the Case Information Statement, appellant shall have a continuing obligation to file an amended Case Information Statement on the prescribed form. Failure to comply with the requirement for filing a Case Information Statement or any deficiencies in the completion of this statement shall be ground for such action as the appellate court deems appropriate, including rejection of the notice of appeal, or on application of any party or on the court’s own motion, dismissal of the appeal. (3) Requirements of Notice of Appeal. (i) Civil Actions. In civil actions the notice of appeal shall set forth the name and address of the party taking the appeal; the name and address of counsel, if any; the names of all other parties to the action and to the appeal; and shall designate the judgment, decision, action or rule, or part thereof appealed from, the name of the judge who sat below, and the name of the court, agency or officer from which and to which the appeal is taken. (ii) Criminal, Quasi-Criminal and Juvenile Delinquency Actions. In criminal, quasi-criminal and juvenile delinquency actions the notice of appeal shall set forth the name and address of the appellant; the name and address of counsel, if any; a concise statement of the offense and of the APPENDIX A - RULES 2:5-1 judgment, giving its date and any sentence or disposition imposed; the place of confinement, if the defendant is in custody; the name of the judge who sat below; and the name of the court from which and to which the appeal is taken. (iii) All Actions. In addition to the foregoing requirements, the notice of appeal in every action shall certify service of a copy thereof on all parties, the Attorney General if necessary, and the trial judge, agency or officer. In all appeals from adult criminal convictions the notice of appeal shall certify service of a copy thereof and of a copy of the Case Information Statement upon the appropriate county prosecutor and the New Jersey Division of Criminal Justice, Appellate Section. In all actions the notice of appeal shall also certify payment of filing fees required by N.J.S.A. 22A:2. The notice of appeal shall also certify compliance with R. 2:5-1(f)(2) (filing of Case Information Statement), affixing a copy of the actual Case Information Statement to the notice of appeal. In all actions where a verbatim record of the proceedings was taken, the notice of appeal shall also contain the attorney’s certification of compliance with R. 2:5-3(a) (request for transcript) and R. 2:5-3(d) (deposit for transcript), or a certification stating the reasons for exemption from compliance. Certifications of compliance shall specify from whom the transcript was ordered, the date ordered, and the fact of deposit, affixing a copy of the actual request for the transcript to the notice of appeal. (f) Order in Lieu of Notice of Appeal. An order of the appellate court granting an interlocutory appeal or, on an appeal by an indigent, waiving the payment of filing fees and the deposit for costs shall serve as the notice of appeal if no notice of appeal has been filed, and, except as otherwise provided by R. 2:7-1, the date of the order shall be deemed to be the date of the filing of the notice of appeal for purposes of these rules. Within 10 days of the entry of such order, the appellant must file and serve the prescribed Case Information Statement in accordance with these rules. Upon the entry of such order the appeal shall be deemed pending, and the appellant, or the clerk of the appellate court if the appellant appears pro se, shall forthwith so notify all parties or their attorneys; the clerk of the court or state administrative agency or officer from which the appeal is taken; the trial judge if the appeal is from a judgment or order of a trial court sitting without a jury or if in an action tried with a jury, the appeal is from an order granting or denying a new trial or a motion for judgment notwithstanding the verdict; and the principal keeper of the state prison if the appeal is in a criminal action in which the death penalty has been imposed. The trial judge shall file an opinion or may supplement a filed opinion as provided in paragraph (b) of this rule. (g) Attorney General and Attorneys for Other Governmental Bodies. If the validity of a federal, state, or local enactment is questioned, the party raising the question shall serve notice of the appeal on the appropriate official as provided by R. 4:28-4 unless he or she is a party to the appeal or has received notice of the action in the court below. The notice shall specify the provision thereof that is challenged and shall be 2:5-2 APPENDIX A - RULES mailed within five days after the filing of the notice of appeal, but the appellate court shall have jurisdiction of the appeal notwithstanding a failure to give the notice required by this rule. Note: Source—R.R. 1:2-8(a) (first, second and fifth sentences) (b) (c) (d) (h), 1:4-3(a) (second sentence), 4:61-1(d), 4:88-8 (second sentence), 4:88-10 (second, third and fourth sentences), 6:3- 11(b), 7:16-3. Paragraph (f) amended and paragraph (h) adopted July 7, 1971 to be effective September 13, 1971; paragraphs (a), (b), (e), and (f) amended June 29, 1973 to be effective September 10, 1973; paragraph (a) amended October 5, 1973 to be effective immediately; paragraphs (a) and (b) amended November 27, 1974 to be effective April 1, 1975; paragraphs (b) and (f) amended July 29, 1977 to be effective September 6, 1977; paragraph (f) amended July 24, 1978 to be effective September 11, 1978; paragraph (e) amended and paragraph (f)(1) adopted and (f)(2) amended July 16, 1981 to be effective September 14, 1981; paragraph (d) amended December 20, 1983 to be effective December 31, 1983; paragraphs (a), (f) and (g) amended March 22, 1984 to be effective April 15, 1984; caption, paragraphs (a), (b), (e), (f)(1) and (f)(2) amended November 1, 1985 to be effective January 2, 1986; paragraphs (f)(1) and (f)(2) amended November 7, 1988 to be effective January 2, 1989; paragraph (h) amended July 14, 1992 to be effective September 1, 1992; paragraphs (b), (e) and (f)(3)(i)(ii) and (iii) amended July 13, 1994 to be effective September 1, 1994; paragraphs (f)(2) and (f)(3)(i) amended June 28, 1996 to be effective September 1, 1996; paragraph (f)(1) amended July 5, 2000 to be effective September 5, 2000; caption of paragraph (f)(2) amended, paragraphs (f)(3)(i), (ii) and (iii) redesignated (f)(3)(A), (B) and (C), and paragraph (h) amended July 27, 2006 to be effective September 1, 2006; paragraph (c) deleted, former paragraphs (d), (e), (f), and (g) amended and redesignated as paragraphs (c), (d), (e), and (f), and former paragraph (h) redesignated as paragraph (g) July 27, 2018 to be effective September 1, 2018. 2:5-2. Deposits for Costs; Application for Dismissal for Default In all civil appeals the appellant shall, within 30 days after filing the notice of appeal or after entry of an order granting leave to appeal, deposit with the clerk of the appellate court $300 to answer the costs of the appeal. The party making the deposit shall give notice thereof to all other interested parties. If the deposit is not made within the time stated herein the appeal may be dismissed with costs on the application of any party. No deposit for costs shall be required where an appeal is taken by the State or any agency, officer or political subdivision thereof, or by an appellant who has filed a supersedeas bond or made a deposit in lieu thereof pursuant to R. 1:13-3(c), or if leave is granted to appeal as an indigent pursuant to R. 2:7-1. Note: Source — R.R. 1:2-10, 2:2-3(b), 2:2-5; amended July 16, 1981 to be effective September 14, 1981; amended July 14, 1992 to be effective September 1, 1992. 2:5-3. Preparation and Filing of Transcript; Statement of Proceedings; Prescribed Transcript Request Form (a) Request for Transcript; Prescribed Form. Except as otherwise provided by R. 2:5-3(c), if a verbatim record was made of the proceedings before the court, agency or officer from which the appeal is taken, the appellant shall, no later than the time of the filing and service of the notice of appeal, serve a request for the preparation of an original and copy of the transcript, as appropriate, (1) upon the reporter who recorded the proceedings and upon the reporter supervisor for the county if the appeal is from a judgment of the Superior Court, or (2) upon the clerk of the court if the appeal is from a judgment of the Tax Court or a municipal court, or (3) upon the agency or officer if the appeal is from administrative action. The appellant may, at the same time, order from the reporter, court clerk, or agency the number of additional copies required by R. 2:6-12 to file and APPENDIX A - RULES 2:5-3 serve. If the appeal is from an administrative agency or officer which has had the verbatim record transcribed, such transcript shall be made available to the appellant on request for reproduction for filing and service. The request for transcript shall state the name of the judge or officer who heard the proceedings, the date or dates of the trial or hearing and shall be accompanied by a deposit as required by R. 2:5-3(d). The request for transcript shall be in a form prescribed by the Administrative Director of the Courts. A copy of the request for transcript shall be mailed to all other interested parties and to the clerk of the appellate court. The provisions of this paragraph shall not apply if the original and first copy of the transcript have already been prepared and are on file with the court. (b) Contents of Transcript; Omissions. Except if abbreviated pursuant to R. 2:5-3(c), the transcript shall include the entire proceedings in the court or agency from which the appeal is taken, including the reasons given by the trial judge in determining a motion for a new trial, unless a written statement of such reasons was filed by the judge. The transcript shall not, however, include opening and closing statements to the jury or voir dire examinations or legal arguments by counsel unless a question with respect thereto is raised on appeal, in which case the appellant shall specifically order the same in the request for transcript. (c) Abbreviation of Transcript. The transcript may be abbreviated in all actions either: (1) by consent, provided all parties to the appeal agree in writing that only a stated portion thereof will be needed by the appellate court, and in such case, only those portions of the transcript specified in the writing shall be ordered in the request for transcript, or (2) by order of the trial judge or agency which determined the matter on appellant’s motion specifying the points on which the appellant will rely on the appeal. The motion shall be filed and served no later than the time of filing and service of the notice of appeal, and service of the request for transcript prescribed by paragraph (a) of this rule shall be made within 3 days after entry of the order determining the motion. (d) Deposit for Transcript; Payment Completion. The appellant, if not the State or a political subdivision thereof, shall, at the time of making the request for the transcript, deposit with the reporter or the clerk of the court or agency from whom a transcript is ordered, either the estimated cost of the transcript as determined by the court reporter, clerk or agency, or the sum of $500.00 for each day or fraction thereof of trial or hearing. If the appellant is the State or a political subdivision thereof, it shall provide a voucher to the reporter or the clerk or the agency for billing for the cost of the transcript. The reporter, clerk or agency, as the case may be, shall upon completion of the transcript, bill or reimburse the appellant, as appropriate, for any sum due for the preparation of the transcript or overpayment made therefor. If the appellant is indigent and is entitled to have a transcript of the proceedings below furnished without charge for use on appeal, either the trial or the appellate court, on application, may order the transcript prepared at public expense. Unless the indigent 2:5-3 APPENDIX A - RULES defendant is represented by the Public Defender or that office is otherwise obligated by law to provide the transcript to an indigent, the court may order the transcript of the proceedings below furnished at the county’s expense if the appeal involves prosecution for violation of a statute and at the municipality’s expense if the appeal involves prosecution for violation of an ordinance. (e) Preparation and Filing. The court reporter, clerk, or agency, as the case may be, shall promptly prepare or arrange for the preparation of the transcript in accordance with standards fixed by the Administrative Director of the Courts. The person preparing the transcript shall deliver the original to the appellant and shall deliver a copy together with a computer diskette or CD-ROM of the transcript to the court reporter supervisor in the case of an appeal from the Superior Court, to the clerk of the court in the case of an appeal from the Tax Court or a municipal court, or to the agency in the case of an administrative appeal. The diskette or CD-ROM shall be in Microsoft Word, Microsoft Word compatible or Adobe PDF format. The person preparing the transcript shall also forthwith notify all parties of such deliveries. When the last volume of the entire transcript has been delivered to the appellant, the court reporter supervisor, clerk or agency, as the case may be, shall certify its delivery on a form to be prescribed by the Administrative Director of the Courts. That transcript delivery certification and a complete set of the transcripts and diskettes/CD-ROMs shall be forwarded immediately to the clerk of the court to which the appeal is being taken. A copy of the certification shall also then be sent to the appellant. The appellant shall serve a copy of the certification on all other parties within seven days after receipt and, if the appeal is from a conviction on an indictable offense, on the New Jersey Division of Criminal Justice, Appellate Section. The appellant shall file proof of such service with the clerk of the court to which the appeal has been taken. (f) Statement of Proceedings in Lieu of Transcript. If no verbatim record was made of the proceedings before the court or agency from which the appeal is taken, the appellant shall, within 14 days of the filing of the notice of appeal, serve on the respondent a statement of the evidence and proceedings prepared from the best available sources, including the appellant’s recollection. The respondent may, within 14 days after such service, serve upon the appellant any objections or proposed amendments thereto. The appellant shall thereupon forthwith file the statement and any objections or proposed amendments with the court or agency from which the appeal is taken for settlement and within 14 days after the filing of the same the court or agency shall settle the statement of the proceedings and file it with the clerk thereof, who shall promptly provide the parties with a copy. If a verbatim record made of the proceedings has been lost, destroyed or is otherwise unavailable, the court or agency from which the appeal was taken shall supervise the reconstruction of the record. The reconstruction may be in the form of a statement of proceedings in lieu of a transcript. Note: Source — R.R. 1:2-8(e) (first, second, third, fourth, sixth and seventh sentences), 1:2-8(g), 1:6- 3, 1:7-1(f) (fifth sentence), 3:7-5 (second sentence), 4:44-2 (second sentence), 4:61-1(c), 4:88-8 (third APPENDIX A - RULES 2:5-5 and fourth sentences), 4:88-10 (sixth sentence). Paragraphs (a) (b) (c) and (d) amended July 7, 1971 to be effective September 13, 1971; paragraphs (b) and (d) amended July 14, 1972 to be effective September 5, 1972; paragraph (c) amended June 29, 1973 to be effective September 10, 1973; caption amended and paragraph (a) caption and text amended July 24, 1978 to be effective September 11, 1978; paragraphs (c) and (d) amended July 16, 1981 to be effective September 14, 1981; paragraph (e) amended November 1, 1985 to be effective January 2, 1986; paragraph (a) amended, paragraph (d) caption and text amended, former paragraph (e) redesignated paragraph (f), and paragraph (e) caption and text adopted November 7, 1988 to be effective January 2, 1989; paragraphs (a) and (e) amended July 14, 1992 to be effective September 1, 1992; paragraphs (c), (e) and (f) amended July 13, 1994 to be effective September 1, 1994; paragraph (d) amended July 28, 2004 to be effective September 1, 2004; paragraphs (a) and (e) amended July 27, 2006 to be effective September 1, 2006; paragraph (d) amended July 16, 2009 to be effective September 1, 2009. 2:5-4. Record on Appeal (a) Contents of Record. The record on appeal shall consist of all papers on file in the court or courts or agencies below, with all entries as to matters made on the records of such courts and agencies, the stenographic transcript or statement of the proceedings therein, and all papers filed with or entries made on the records of the appellate court. The portions of the record that must be included in the appendix filed by appellant are set forth in Rule 2:6-1(a). (b) Notice of Agency Record. Within 30 days of the service upon it of the notice of appeal the agency or officer from which the appeal is taken shall file in the appellate court a statement of the items comprising the record on appeal and shall serve a copy thereof on each party to the appeal. (c) Use of Record by Parties. The clerk of the court below or the agency or officer from which the appeal is taken, or the clerk of the Appellate Division if the original transcript is on file there, shall on request deliver the original transcript to the appellant in exchange for a copy. The remainder of the record shall be retained by the clerk or agency except that the attorney for any party may be permitted to make use of any portion of the record in the office of the clerk or agency and remove the original therefrom, provided a copy thereof remains on file. The failure to return such record may constitute contempt of court. (d) Use of Record by Court. On the request of a party or of a judge of the appellate court, the clerk of the court or courts below or the agency from which the appeal is taken shall deliver to the clerk of the appellate court for use by counsel at the argument or for the personal inspection by the judges thereof such portions of the records as may be designated. Note: Source—R.R. 1:6-1(a) (b) (c), 7:16-4; paragraph (a) amended November 7, 1988 to be effective January 2, 1989. 2:5-5. Correction or Supplementation of Record (a) Motion to Settle the Record. A party who questions whether the record fully and truly discloses what occurred in the court or agency below shall, except as herein provided, apply on motion to that court or agency to settle the record. The appellate court, on motion, may review such determination or may, on its own motion, order a correction of the record or may direct the court or agency to do so. The making of a motion pursuant to this rule shall toll the time for serving and filing the next brief due, but the remaining time shall again begin to run from the date of entry 2:5-6 APPENDIX A - RULES of an order disposing of such a motion. If the proceedings were sound or video recorded, a party, prior to moving for an order settling the record, may, on notice to all other parties, request the clerk of the court in which the appeal is pending to review the tape thereof to determine whether a particular portion of the transcript accurately transcribed what was said by a participant. The clerk shall notify all parties of the determination, requesting that any objection be submitted in writing within ten days of the notification. If no timely written objection is received, the transcript shall be deemed so corrected, and a copy of the notification shall be filed. If a party timely objects in writing, that party shall move for correction of the transcript in the court or agency from which the appeal is taken; however, if the appeal has already been calendared, the motion shall be made to the court in which the appeal is pending. (b) Supplementation of Administrative Record. At any time during the pendency of an appeal from a state administrative agency, if it appears that evidence unadduced in the proceedings below may be material to the issues on appeal, the appellate court, on its own motion or on the motion of any party, may order, on such terms as it deems appropriate, that the record on appeal be supplemented by the taking of additional evidence and the making of findings of fact thereon by the agency below or, in exceptional instances, by a judge of the Superior Court especially designated for that purpose. Note: Source—R.R. 1:6-6, 4:88-9, 4:88-11, 7:13-4. Paragraph (b) amended November 1, 1985 to be effective January 2, 1986; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 28, 2004 to be effective September 1, 2004. 2:5-6. Appeals from Interlocutory Orders, Decisions and Actions (a) Appeals. Applications for leave to appeal from interlocutory orders of courts or of judges sitting as statutory agents and from interlocutory decisions or actions of state administrative agencies or officers shall be made by serving and filing with the court or agency from which the appeal is taken and with the appellate court a notice of motion for leave to appeal, as prescribed by R. 2:8-1, within 20 days after the date of service of such order, administrative decision or notice of such administrative action. If, however, a motion to the trial court for reconsideration of the order from which leave to appeal is sought is filed and served within 20 days after the date of its service, the time to file and serve the motion for leave to appeal in the Appellate Division shall be extended for a period of 20 days following the date of service of an order deciding the motion for reconsideration. The filing of a motion for leave to appeal shall not stay the proceedings in the trial court or agency except on motion made to the court or agency which entered the order or if denied by it, to the appellate court. (b) Cross Appeals. Applications for leave to cross appeal from interlocutory orders and administrative decisions or actions as to which leave to appeal has not already been granted shall be made by serving and filing with the appellate court a notice of motion within 20 days after the date of service of the court order or administrative decision appealed from or after notice of the agency or officer’s action taken or, if no cross motion APPENDIX A - RULES 2:6-1 is filed, within 20 days following decision of a motion for reconsideration as provided by R. 2:5-6(a). If an appeal from an interlocutory order, decision or action is allowed, an application for leave to cross appeal (if the application has not been previously denied) may be made by serving and filing with the appellate court a notice of motion within 10 days after the date of service of the order of the appellate court allowing the appeal. (c) Notice To the Trial Judge or Officer; Findings. A party filing a motion for leave to appeal from an interlocutory order shall serve a copy thereof on the trial judge or officer who entered the order. If the judge or officer has not theretofore filed a written statement of reasons or if no verbatim record was made of any oral statement of reasons, the judge or officer shall, within 10 days after receiving the motion, file and transmit to the Clerk of the Appellate Division and the parties a written statement of reasons for the disposition. The statement may also comment on whether the motion for leave to appeal should be granted on the ground, among others, that a controlling question of law not theretofore addressed by an appellate court of this state is involved and that the grant of leave to appeal may materially advance the ultimate resolution of the matter. Any statement of reasons previously made may also be amplified. Note. Source—R.R. 1:2-3(b), 2:2-3(a) (second sentence), 4:53-1 (sixth sentence), 4:61-1(d). Paragraphs (a) and (c) amended July 7, 1971 to be effective September 13, 1971; paragraphs (a) and (c) amended July 16, 1981 to be effective September 14, 1981; paragraph (c) amended November 1, 1985 to be effective January 2, 1986; paragraph (c) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a) and (b) amended July 5, 2000 to be effective September 5, 2000; paragraph (c) amended July 23, 2010 to be effective September 1, 2010; paragraph (c) amended July 22, 2014 to be effective September 1, 2014. RULE 2:6. APPENDICES; BRIEFS; TRANSCRIPT 2:6-1. Preparation of Appellant’s Appendix; Joint Appendix; Contents (a) Contents of Appendix. (1) Required Contents. The appendix prepared by the appellant or jointly by the appellant and the respondent shall contain (A) in civil actions, the complete pretrial order, if any, and the pleadings; (B) in criminal, quasi-criminal or juvenile delinquency actions, the indictment or accusation and, where applicable, the complaint and all docket entries in the proceedings below; (C) the judgment, order or determination appealed from or sought to be reviewed or enforced, including the jury verdict sheet, if any; (D) the trial judge’s charge to the jury, if at issue, and any opinions or statement of findings and conclusions; (E) the statement of proceedings in lieu of record made pursuant to R. 2:5-3(f); (F) the notice or notices of appeal; (G) the transcript delivery certification prescribed by R. 2:5-3(e); (H) any unpublished opinions cited pursuant to R. 1:36-3; and (I) such other parts of the record, excluding the stenographic transcript, as are essential to the proper consideration of the issues, including such parts as the appellant should reasonably assume will be relied upon by the respondent in meeting the issues raised. If the appeal is from a disposition of a motion for summary judgment, the appendix shall also include a 2:6-1 APPENDIX A - RULES statement of all items submitted to the court on the summary judgment motion and all such items shall be included in the appendix, except that briefs in support of and opposition to the motion shall be included only as permitted by subparagraph (2) of this rule. (2) Prohibited Contents. Briefs submitted to the trial court shall not be included in the appendix, unless either the brief is referred to in the decision of the court or agency, or the question of whether an issue was raised in the trial court is germane to the appeal, in which event only the material pertinent to that issue shall be included. A document that is included in appellant’s appendix shall not also be included in respondent’s appendix unless appellant’s appendix includes only a portion of the document and the complete document is required for a full understanding of the issues presented. If the same document has been annexed to more than one pleading or motion filed in the trial court, the document shall be reproduced in the appendix only with the first such pleading or motion and shall be referred to thereafter only by notation to the appendix page on which it appears. (3) Confidential Documents. If the appellate record is not sealed, any documents that are required to be excluded from public access pursuant to R. 1:38-3 shall be submitted in a separate appendix marked as confidential. The format of the confidential appendix shall in all respects conform with the requirements of this rule. (b) Form. Documents included in the appendix shall be abridged by omitting all irrelevant or formal portions, with asterisks being used to indicate omissions. The filing date of each included paper shall be stated at the head of the copy as well as its subject matter (e.g., Pretrial Order, Notice of Appeal). Each page shall be numbered consecutively followed by the letter “a” to indicate the appendix (e.g., 1a, 2a, etc.). (c) Binding; Table of Contents. The appendix may be bound with the brief or separately, into volumes containing no more than 200 sheets each. If bound with the brief, it shall follow the brief, but there shall be a single table of contents of the brief and appendix. If bound separately it shall be prefaced with a table of contents. The table of contents shall indicate the initial page of each document, exhibit or other paper included, and the pages of the stenographic record at which each exhibit was marked for identification and was offered into evidence. Attachments to a document by way of affidavits, exhibits or otherwise shall each be separately identified in the table of contents and the initial page of each such attachment noted therein. If there are multiple volumes of the appendix, each volume shall contain a full table of contents and shall specify on its cover the appendix pages included therein. (d) Joint Appendix. Whenever possible counsel shall agree upon a joint appendix, which shall be bound separately. The cost thereof shall be apportioned between them. Note: Source—R.R. 1:7-1(f), 1:7-2 (first six sentences), 1:7-3. Paragraph (a) amended June 29, 1973 to be effective September 10, 1973; paragraph (a) amended July 16, 1979 to be effective September 10, 1979; paragraph (a) amended July 16, 1981 to be effective September 14, 1981; paragraph (a) amended July 22, 1983 to be effective September 12, 1983; paragraphs (a), (b) and (c) amended APPENDIX A - RULES 2:6-2 November 7, 1988 to be effective January 2, 1989; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 10, 1998 to be effective September 1, 1998; paragraphs (a)(1) and (c) amended July 12, 2002 to be effective September 3, 2002; new subparagraph (a)(3) adopted July 19, 2012 to be effective September 4, 2012; subparagraph (a)(1) amended July 27, 2018 to be effective September 1, 2018. 2:6-2. Contents of Appellant’s Brief (a) Formal Brief. Except as otherwise provided by R. 2:6-4(c) (1) (statement in lieu of brief), by R. 2:9-11 (sentencing appeals), and by paragraph (b) of this rule, the brief of the appellant shall contain the following material, under distinctive titles, arranged in the following order: (1) A table of contents, including the point headings to be argued. It is mandatory that for every point, the appellant shall include in parentheses at the end of the point heading the place in the record where the opinion or ruling in question is located or if the issue was not raised below a statement indicating that the issue was not raised below. (2) A table of judgments, orders and rulings being appealed. This table shall include a listing of the places in the record where the following items are located: (A) The trial court's judgment(s), order(s), and ruling(s) being appealed, or the administrative agency's final decision(s); (B) The trial judge's written or oral opinion; (C) Intermediate decisions, if any, pertinent to the appeal. Such intermediate decisions include such items as planning board resolutions, initial decisions of the administrative law judge, and appeal tribunal decisions. (3) A table of citations of cases, alphabetically arranged, of statutes and rules and of other authorities. (4) A concise procedural history including a statement of the nature of the proceedings and a reference to the judgment, order, decision, action or rule appealed from or sought to be reviewed or enforced. The appendix page of each document referred to shall be stated. The plaintiff and defendant shall be referred to as such and shall not, except where necessary, be referred to as appellant and respondent. (5) A concise statement of the facts material to the issues on appeal supported by references to the appendix and transcript. The statement shall be in the form of a narrative chronological summary incorporating all pertinent evidence and shall not be a summary of all of the evidence adduced at trial, witness by witness. (6) The legal argument for the appellant, which shall be divided, under appropriate point headings, distinctively printed or typed, into as many parts as there are points to be argued. New Jersey decisions shall be cited to the official New Jersey reports by volume number but if not officially reported that fact shall be stated and unofficial citation made. All other state court decisions shall be cited to the National Reporter System, if reported therein and, if not, to the official report. In the citation of all cases the court and year shall be indicated in parentheses except that the year alone shall be given in citing the official reports of the United States 2:6-3 APPENDIX A - RULES Supreme Court, the Supreme Court of New Jersey, and the highest court of any other jurisdiction. (7) In addition to the foregoing, each brief may include an optional preliminary statement for the purpose of providing a concise overview of the case. The preliminary statement shall not exceed three pages and may not include footnotes or, to the extent practicable, citations. (b) Letter Brief. In lieu of filing a formal brief in accordance with paragraph (a) of this rule and except as otherwise provided by R. 2:9-11 (sentencing appeals), the appellant may file a letter brief. Letter briefs shall not exceed 20 pages and shall conform with the requirements of subparagraphs (1), (3), (4) and (5) of paragraph (a). As to any point not presented below a statement to that effect shall be included in parenthesis in the point heading. No cover need be annexed provided that the information required by R. 2:6-6 is included in the heading of the letter. (c) All Briefs. All briefs must be plainly legible and must conform with spacing, paper quality, type-size and reproduction requirements set forth in R. 2:6-10. (d) Respondent/Cross Appellant’s Brief. The respondent/cross appellant shall file a single brief both addressing the cross appeal and answering the appellant’s brief. Note: Source—R.R. 1:7-1(a) (b) (d) (e) (g); amended July 29, 1977 to be effective September 6, 1977; paragraph (a) amended, former paragraphs (a) (b) (c) and (e) redesignated subparagraphs (1) (2) (3) and (5), subparagraph (4) and paragraphs (b) and (c) adopted July 24, 1978 to be effective September 11, 1978; paragraph (b) amended January 10, 1979 to be effective immediately; paragraph (a) amended July 16, 1981 to be effective September 14, 1981; paragraph (b) amended July 15, 1982 to be effective September 13, 1982; paragraph (a)(5) amended November 1, 1985 to be effective January 2, 1986; paragraphs (a) and (b) amended November 2, 1987 to be effective January 1, 1988; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; new paragraph (d) added July 14, 1992 to be effective September 1, 1992; paragraph (a)(5) amended July 13, 1994 to be effective September 1, 1994; paragraph (a)(6) added July 12, 2002 to be effective September 3, 2002; paragraph (a)(1) amended, new paragraph (a)(2) adopted and former paragraphs (a)(2) through (a)(4) renumbered as (a)(3) through (a)(5) respectively, former paragraph (a)(5) amended and renumbered as (a)(6), former paragraph (a)(6) renumbered as (a)(7), and paragraph (b) amended August 1, 2016 to be effective September 1, 2016. 2:6-3. Preparation of Respondent’s Appendix; Contents If a joint appendix has not been filed, the respondent may prepare an appendix, conforming to the requirements of R. 2:6-1, insofar as applicable, and containing such parts of the record not included in the appellant’s appendix as the respondent considers necessary to the proper consideration of the issues. Note: Source—R.R. 1:7-4(a) (6); amended July 13, 1994 to be effective September 1, 1994. 2:6-4. Contents of Respondent’s Brief; Statement in Lieu of Brief; Responsibility to File (a) Contents. Except as otherwise provided by R. 2:9-11 (sentencing appeals), the respondent’s brief shall conform either to the requirements of R. 2:6-2 (a) (formal brief) or (b) (letter brief), insofar as applicable, except that a counterstatement of facts need be included only if the respondent disagrees with such statements in the appellant’s brief. APPENDIX A - RULES 2:6-6 (b) Consequences of Failure to File. Except as otherwise provided by R. 2:9-11 (sentencing appeals) and paragraphs (c) and (d) of this rule, if a respondent fails to file a brief conforming to the requirements of these rules, the court may consider the appeal unopposed and deny the respondent permission to oppose the appeal orally or may make such other order, including an imposition of sanctions, as may be appropriate. (c) Statement in Lieu of Brief. A statement in lieu of brief may be filed if the appeal is from a quasi-judicial decision of a named respondent which represents to the court that the general public interest does not require its adversarial participation in the appeal and that the parties directly affected by its decision have adequately presented, or may be expected to so present, the issues. (d) Filing Responsibility of Public Agencies. In all appeals, where a respondent is the State, a political subdivision thereof, a public or quasi- public body, or a public officer appearing in an official capacity, such respondent shall file a brief or, if paragraph (c) is applicable, a statement in lieu of brief. (e) Appellant/Cross Respondent’s Brief. On a cross appeal, the brief of the appellant/cross respondent answering the points raised in support of the cross appeal shall also include a reply brief, if any is deemed necessary. Note: Source — R.R. 1:7-4(a) (1) (2) (4) (5) (7) (b); text deleted and paragraphs (a) (b) (c) and (d) adopted July 29, 1977 to be effective September 6, 1977; paragraph (a) amended July 24, 1978 to be effective September 11, 1978; paragraphs (a) (b) (c) and (d) amended November 2, 1987 to be effective January 1, 1988; paragraph (e) adopted July 14, 1992 to be effective September 1, 1992; paragraphs (b) and (d) amended July 13, 1994 to be effective September 1, 1994. 2:6-5. Contents of Reply Brief and Appendix The appellant may file a reply brief, which shall conform either to the requirements of R. 2:6-2(a) (formal brief) or (b) (letter brief), and may set forth in an appendix thereto such additional parts of the record as may be pertinent. Note: Source—R.R. 1:7-5. Amended July 24, 1978 to be effective September 11, 1978. 2:6-6. Covers of Briefs and Appendices Except as otherwise provided by R. 2:6-2(b), covers of briefs and appendices shall be as follows: (a) Contents. The cover of each brief, and of the appendix if bound separately, shall contain the following matter: (1) the name of the appellate court and the docket number of the action; (2) the title of the action, which shall add to the designation of the parties in the trial court the designation of appellant and respondent; (3) the nature of the proceeding in the appellate court, the name of the court or agency or officer below, and, if a court, the name of the judge or judges who sat below; (4) the title of the document and the designation of the party for whom it is filed; (5) the name and office address of the attorney of record and the names of any attorneys “of counsel” or “on the brief.” (b) Color. The covers of appellant’s brief and appendix, respondent’s brief and appendix, and appellant’s reply brief and appendix shall be white, blue and buff, respectively. On a cross appeal, the respondent/cross appellant’s brief filed pursuant to R. 2:6-2(d) shall have a blue cover, and 2:6-7 APPENDIX A - RULES the appellant/cross respondent’s response thereto, filed pursuant to R. 2:6- 4(e), shall have a buff cover, as shall any permitted subsequent brief of any other party. Covers of amicus briefs shall be green. Covers of all briefs and appendices shall be of a firm material but not glassine. Note: Source—R.R. 1:7-6(a) (b) (c) (d) (e) (f). Paragraph (b) amended July 7, 1971 to be effective September 13, 1971; first sentence adopted July 24, 1978 to be effective September 11, 1978; paragraph (b) amended July 14, 1992 to be effective September 1, 1992; paragraph (b) amended July 13, 1994 to be effective September 1, 1994. 2:6-7. Length of Briefs The initial briefs of parties shall not exceed 65 pages and reply briefs shall not exceed 20 pages. The brief of a respondent/cross appellant filed pursuant to R. 2:6-2(d) shall not exceed 90 pages, and the brief of an appellant/cross respondent filed pursuant to R. 2:6-4(e) shall not exceed 65 pages. These page limitations shall be exclusive of tables of contents and citations and may be relaxed by leave of court. Note: Source—R.R. 1:7-7; amended November 7, 1988 to be effective January 2, 1989; amended July 14, 1992 to be effective September 1, 1992. 2:6-8. References to Briefs; Appendices; Transcripts References to a brief or appendix shall be made to the appropriate pages, and references to the stenographic transcript shall be made to the appropriate pages and lines thereof, by the following abbreviations: “Pb8” for plaintiff’s brief, page 8; “Db8” for defendant’s brief, page 8; “Pa8” for plaintiff’s appendix, page 8; “Da12” for defendant’s appendix, page 12; “Ja15” for joint appendix, page 15; “Prb8” for plaintiff’s reply brief, page 8; “Pra7” for plaintiff’s reply appendix, page 7; “T8-3” for transcript, page 8, line 3. If there is more than one plaintiff or defendant, the appropriate party’s name or initial or other identifying designation should precede the abbreviation. If there are multiple volumes of transcript, they shall be numbered sequentially by chronology, i.e., 1T, 2T, etc., irrespective of the nature of the proceeding. The procedural history of the appellant’s brief shall list in a footnote the date of each volume of transcript and its numbered designation. Note: Source—R.R. 1:7-8; amended July 13, 1994 to be effective September 1, 1994; amended July 12, 2002 to be effective September 3, 2002; amended July 28, 2004 to be effective September 1, 2004. 2:6-9. Inadequate Appendix or Brief If an appendix or brief does not substantially conform to these rules or is so inadequate that justice cannot be done without the court’s independent examination of the record or research of the law, the court may order the same suppressed and direct the filing, within a fixed time, of a new appendix or brief, and it may withhold or impose costs or order payment by the offending attorney or party of costs in such amount as the circumstances require. Note: Source—R.R. 1:7-9(a) (b) (c) (d). APPENDIX A - RULES 2:6-11 2:6-10. Format of Briefs and Other Papers All briefs, appendices, petitions, motions, transcripts and other papers may be reproduced by any method capable of providing plainly legible copies. Paper shall be of good quality, opaque and unglazed. Coated paper may be used. Where the method of reproduction permits, color of paper shall be India eggshell. Copy may be printed on both sides provided legibility is not impaired. Papers shall be approximately 8.5 inches by 11 inches and, unless a compressed transcript format is used, shall contain no more than 26 double-spaced lines of no more than 65 characters including spaces, each of no less than 10-pitch or 12-point type. Footnotes and indented quotations may, however, be single-spaced. When a compressed transcript format is used, two transcript pages may be reproduced on a single page, provided that no compressed page contains more than 25 lines of no more than 55 characters including spaces, each of no less than 9-pitch type. Except for compressed transcript format pages, margins shall be approximately one inch. Papers on file or in evidence may be reproduced. Papers shall be securely fastened, either bound along the left margin or stapled in the upper left-hand corner. Covers shall conform to R. 2:6-6(b). Note: Source—R.R. 1:7-10. Amended July 7, 1971 to be effective September 13, 1971; amended July 14, 1992 to be effective September 1, 1992; amended July 13, 1994 to be effective September 1, 1994; amended July 5, 2000 to be effective September 5, 2000. 2:6-11. Time for Serving and Filing Briefs; Appendices; Transcript; Notice of Custodial Status (a) Time Where No Cross Appeal Taken. Within ten days after the filing of a complete set of transcripts pursuant to R. 2:5-3(e), the appellant shall file three additional copies with the clerk, as provided by R. 2:6- 12(d), and shall serve the transcript as provided by R. 2:6-12(a). Except as otherwise provided by R. 2:9-11 (sentencing appeals), the appellant shall serve and file a brief and appendix within 45 days after the delivery to appellant of the transcript, if a verbatim record was made of the proceedings below; or within 45 days after the filing of the settled statement of the proceedings, if no verbatim record was made of the proceedings below; or within 45 days of the filing of the notice of appeal if a transcript or settled statement has been filed prior to a filing of the notice of appeal or if no transcript or settled statement is to be filed; or, on an appeal from a state administrative agency, within the time stated above or within 45 days after the service of the statement of the items comprising the record on appeal required by R. 2:5-4(b), whichever is later. The respondent shall serve and file an answering brief and appendix, if any, within 30 days after the service of the appellant’s brief. The appellant may serve and file a reply brief within 10 days after the service of the respondent’s brief. (b) Time Where Cross Appeal Taken. Except as otherwise provided by R. 2:9-11 (sentencing appeals), if a cross appeal has been taken, the party first appealing, who shall be designated the appellant/cross respondent, shall serve and file the first brief and appendix within 30 days after the service of the notice of cross appeal or within the time prescribed for appellants by R. 2:6-11(a), whichever is later. Within 30 days after the service of such brief and appendix, the respondent/cross appellant shall 2:6-11 APPENDIX A - RULES serve and file an answering brief and appendix, if any, which shall also include therein the points and arguments on the cross appeal. Within 30 days thereafter, the appellant/cross respondent shall serve and file a reply brief, which shall also include the points and arguments answering the cross appeal. Within 10 days thereafter, the respondent/cross appellant may serve and file a reply brief, which shall be limited to the issues raised on the cross appeal. No other briefs shall be served or filed without leave of court. If a cross appeal has been taken, the appellant/cross respondent shall be responsible for ordering and filing the transcript pursuant to R. 2:5-3(e) and for serving it pursuant to paragraph (a) of this rule and R. 2:6- 12(a). (c) Scheduling Order. The time provisions of this rule notwithstanding, the court may enter a separate scheduling order in any case on appeal. (d) Letter to Court After Brief Filed. No briefs other than those permitted in paragraphs (a) and (b) of this rule shall be filed or served without leave of court. A party may, however, without leave, serve and file a letter calling to the court’s attention, with a brief indication of their significance, relevant published opinions issued, or legislation enacted or rules, regulations and ordinances adopted, subsequent to the filing of the brief. Unpublished opinions shall not be submitted pursuant to this rule, unless they are of a type that the reviewing court is permitted under R. 1:36-3 to cite in its own opinions. Any other party to the appeal may, without leave, file and serve a letter in response thereto within five days after receipt thereof. The initial letter and subsequent responses shall not exceed two pages in length without leave. (e) Advising Court of Custodial Change. In criminal, quasi-criminal and juvenile matters the appellant shall by letter advise the court of any change in the custodial status of a defendant, juvenile or other party subject to confinement, during the pendency of the appeal. (f) Division of Child Protection and Permanency Matters; Advising Court of Child's Placement Status. In Division of Child Protection and Permanency matters, the appellant or respondent shall by letter advise the court of any change in the placement status of the child during the pendency of the appeal. (g) Motions that Toll the Time for Serving and Filing Briefs in the Appellate Division. (1) Subject to subparagraph (g)(2) of this rule, in addition to the filing of those motions that toll the time for the filing of briefs and appendices as provided by R. 2:5-5(a) and R. 2:8-3(b), the filing of the following motions in the Appellate Division pursuant to this rule shall toll the time for the filing of briefs and appendices in the Appellate Division: (A) Motion to supplement the record in trial court or administrative agency proceedings made directly to the Appellate Division by any party or on the court's own motion. If granted, the proceedings, if any, required to supplement the record shall continue to toll the time for the filing of briefs and appendices; (B) Motion to strike the entirety or portions of a brief or appendix; (C) Motion to dismiss the appeal; (D) Motion for final remand; APPENDIX A - RULES 2:6-12 (E) Motion to stay appellate proceedings; and (F) Motion to file overlength merits brief. (2) If the party filing the motion under this section has been granted prior extension(s) of time to file its brief and appendix, the motion will not toll the time and the party should request a further extension by motion. (3) The making of a motion pursuant to this rule shall toll the time for serving and filing the next brief due, but the remaining time shall again begin to run from the date of entry of an order disposing of such a motion, unless otherwise directed by the court or provided in this section. Note: Source — R.R. 1:7-12(a) (c), 1:10-14(b), 2:7-3. Paragraph (b) amended by order of September 5, 1969 effective September 8, 1969; paragraph (a) amended July 7, 1971 to be effective September 13, 1971; caption and paragraphs (a) and (b) amended June 29, 1973 to be effective September 10, 1973; paragraph (a) amended May 8, 1975 to be effective immediately; paragraphs (c), (d) and (e) adopted July 16, 1981 to be effective September 14, 1981; paragraphs (a) and (b) amended and titles of paragraphs (c) (d) and (e) added November 2, 1987 to be effective January 1, 1988; paragraphs (a) and (b) amended July 14, 1992 to be effective September 1, 1992; paragraph (d) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 10, 1998 to be effective September 1, 1998; paragraph (b) amended July 28, 2004 to be effective September 1, 2004; paragraph (f) adopted July 16, 2009 to be effective September 1, 2009; paragraph (f) amended July 9, 2013 to be effective September 1, 2013; new paragraph (g) adopted July 22, 2014 to be effective September 1, 2014; paragraph (d) amended August 1, 2016 to be effective September 1, 2016. 2:6-12. Number of Briefs, Appendices and Transcripts to Be Served and Filed (a) Two copies of briefs and appendices shall be served on each party to the appeal, and one copy of the transcript shall be served on any one respondent for the use of all respondents. Proof of such service shall be filed simultaneously with the Clerk as prescribed by R. 1:5-3. In all appeals from adult criminal convictions the brief, appendix and transcripts shall be served upon the New Jersey Division of Criminal Justice, Appellate Section as the responding party unless that office notifies the appellant and the court by letter that another party is substituted as respondent. (b) On appeal to the Appellate Division, five copies of each brief and appendix shall be filed with the clerk of the Appellate Division. (c) On appeal to the Supreme Court, 9 copies of each brief and appendix shall be filed with the clerk of the Supreme Court; but on appeal from a judgment or order of the Appellate Division, the parties need not prepare new appendices but may file instead 9 copies of their appendices prepared for the Appellate Division, including any opinions, orders or other papers filed subsequent thereto as an appendix to the appellant’s Supreme Court brief. On such appeals the clerk of the Appellate Division shall deliver to the clerk of the Supreme Court the original and 3 copies of the transcript. (d) On appeal to either the Appellate Division or the Supreme Court at least 3 copies of the transcript, in addition to the copy filed by the court reporter supervisor, clerk or agency pursuant to R. 2:5-3(e), shall be filed with the appellate court. In the event the original and copy of the transcript were filed with the clerk of the court from which the appeal is taken prior to the filing of the notice of appeal, the appellant shall, within 10 days after all briefs of all parties have been filed, request the clerk of the court from which the appeal is taken forthwith to transmit the filed copy to the clerk of the court to which the appeal is taken. Note: Source—R.R. 1:7-12(a) (b), 2:7-3, 2:7-4. Paragraphs (a) and (d) amended July 7, 1971 to be effective September 13, 1971; paragraph (d) amended July 14, 1972 to be effective September 5, 1972; 2:7-1 APPENDIX A - RULES paragraph (a) amended June 29, 1973 to be effective September 10, 1973; paragraph (a) amended March 22, 1984 to be effective April 15, 1984; paragraphs (b) and (d) amended November 7, 1988 to be effective January 2, 1989; paragraph (d) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 5, 2000 to be effective September 5, 2000; paragraph (b) amended July 27, 2006 to be effective September 1, 2006. RULE 2:7. APPEALS BY INDIGENT PERSONS 2:7-1. Relief from Filing Fees; Deposit for Costs Except as otherwise provided by R. 2:7-4, a person who, by reason of poverty, seeks relief from the payment of appellate filing fees and the deposit for costs may without fee file with the trial court a verified petition setting forth the facts relied upon, and the court, if satisfied of the facts of indigency, shall enter an order waiving such payment and deposit and shall forthwith transmit a copy thereof to the clerk of the appellate court to which the appeal is taken. If the appeal is taken from the action of a State administrative agency or officer, the verified petition shall be filed directly with the Appellate Division. If a person is, however, represented as an indigent by any person, society or project enumerated in R. 1:13-2, all filing fees and deposits shall be waived by the appropriate clerk or clerks without the necessity of court order. The appeal is timely if the date of the filing of the petition is within the period provided by R. 2:4-1. If the trial court denies the application, it shall briefly state its reasons therefor, and the petition may be renewed within 20 days thereafter before the appellate court in accordance with R. 2:7-3. Note: Source—R.R. 2:1-7(a) (first and fourth sentences); amended July 24, 1978 to be effective September 11, 1978; amended July 13, 1994 to be effective September 1, 1994. 2:7-2. Assignment of Counsel on Appeal (a) Indictable Offenses. All persons convicted of an indictable offense who are not represented by the Office of the Public Defender and who desire to appeal, and who assert they are indigent, shall complete and file, without fee, with the court in which they were convicted, the appropriate form prescribed by the Administrative Director of the Courts, which shall be made available to them by the court in which they were convicted. They shall thereupon be referred to the Office of the Public Defender, which shall represent them on such appeal or review and on such subsequent post-conviction proceedings or appeal therein as would warrant the assignment of counsel. (b) Non-Indictable Offenses. All persons convicted of a non-indictable offense who desire to appeal their conviction and who assert they are indigent, shall complete and file, without fee, with the trial court, the appropriate form prescribed by the Administrative Director of the Courts, which shall be made available to them by the court in which they were convicted. If the court is satisfied that they are indigent, it shall assign counsel to represent them on the appeal (i) if the sentence imposed constitutes a consequence of magnitude as set forth in the “Guidelines for Determining a Consequence of Magnitude” in Appendix 2 to Part VII of the Rules of Court, or (ii) if the persons are constitutionally or otherwise entitled by law to counsel. If the sentence imposed does not constitute a consequence of magnitude, the court hearing the appeal may, in its APPENDIX A - RULES 2:7-4 discretion, determine whether to assign counsel for purposes of the appeal, irrespective of whether counsel was previously assigned in the case. (c) Review of Status as Prisoner. All persons seeking review of administrative proceedings concerning their status as prisoners and who assert they are indigent and are not represented by counsel shall file without fee with the Clerk of the Appellate Division a notice of appeal and a verified petition as required by R. 2:7-1. If they also request appointment of counsel, their verified petition shall include a detailed statement of the grounds upon which such request is made, including a statement of the facts and the issues giving rise to the appeal. If the Court is satisfied that they are indigent and constitutionally or otherwise entitled by law to counsel, it shall, as appropriate, either refer the matter to the Office of the Public Defender or assign other counsel to represent them on the appeal. (d) Responsibility of Counsel Assigned by the Trial Court For Non- Indictable Offenses. Assigned counsel representing a defendant in a non- indictable prosecution shall file an appeal for a defendant who elects to exercise his or her right to appeal. An attorney filing a notice of appeal shall be deemed the attorney of record for the appeal unless the attorney files with the notice of appeal an application for the assignment of counsel on appeal. Note: Source—R.R. 1:2-7(b), 1:12-9(b) (d). Paragraph (c) adopted November 1, 1985 to be effective January 2, 1986; paragraph (a) amended, paragraph (b) caption and text amended, paragraph (c) adopted and former paragraph (c) redesignated paragraph (d) November 5, 1986 to be effective January 1, 1987; paragraphs (b) and (d) amended July 10, 1998 to be effective September 1, 1998; paragraphs (b) and (d) amended July 12, 2002 to be effective September 3, 2002; paragraph (d) amended June 15, 2007 to be effective September 1, 2007; paragraph (d) caption and text amended July 16, 2009 to be effective September 1, 2009; paragraph (b) amended July 22, 2014 to be effective September 1, 2014. 2:7-3. Joinder of Petitions; Copies Required Requests for relief pursuant to R. 2:7-1 and 2:7-2 may be joined in a single petition. On renewal of the application in the Supreme Court an original and 8 copies and in the Appellate Division an original and 4 copies of petitions and accompanying statements shall be filed. Note: Source—R.R. 1:2-7(a) (second sentence). 2:7-4. Relief in Subsequent Courts Except as provided in R. 2:7-2(b), with respect to the assignment of counsel, a person who has been granted relief as an indigent by any court shall be granted relief as an indigent in all subsequent proceedings resulting from the same indictment, accusation or criminal or civil complaint in any court without making application therefor upon filing with the court in the subsequent proceeding a copy of the order granting such relief or a sworn statement to the effect that such relief was previously granted and stating the court and proceeding in which it was granted. The filing of such order or statement shall be accompanied by an affidavit stating that there has been no substantial change in the petitioner’s financial circumstances since the date of the entry of the order granting such relief. An indigent defendant appealing from a judgment of conviction by the Law Division entered on a trial de novo, who has been afforded or had a right to a transcript at public expense of municipal court proceedings pursuant to R. 3:23-8(a), shall be entitled to a transcript of the 2:8-1 APPENDIX A - RULES Law Division proceedings paid for in the same manner as the municipal court transcript. Note: Amended July 13, 1994 to be effective September 1, 1994; amended July 28, 2004 to be effective September 1, 2004; amended July 22, 2014 to be effective September 1, 2014. RULE 2:8. MOTIONS; DISMISSALS; SUMMARY DISPOSITIONS 2:8-1. Motions (a) Contents; Form of Brief and Appendix. Every motion shall be accompanied by a brief, conforming either to the requirements of R. 2:6- 2(a) (formal brief) or (b) (letter brief), and by an appendix and shall be in the form and reproduced as provided by R. 2:6-10. The brief shall explain clearly the nature of the action, the relief the moving party seeks and why the moving party is entitled thereto. It may, for purposes of clarity, summarize pleadings and other undisputed papers or records which do not accompany the brief. The appendix shall include the judgment or order and the opinion or statement of findings and conclusions below and, where essential, the transcript of the testimony, depositions or other discovery, pleadings or other portions of the record, including the portions thereof upon which the movant should reasonably assume the opposing party will rely. If the transcript cannot be obtained in time for the motion, an affidavit may be filed in lieu thereof giving the substance of such testimony. If the motion is opposed, the opposing party shall file an answering brief setting forth with equal explicitness the grounds of opposition, annexing an appendix containing copies of any papers relied on which are not in the moving party’s appendix. On motion for leave to appeal the brief shall include argument on the merits of the issues sought to be appealed. If no opposing brief is filed the court may consider the motion unopposed. Without leave of the court, which may be applied for ex parte, supporting and answering briefs shall not exceed 25 pages, exclusive of tables of contents, table of citations and appendix. (b) Time for Filing and Service; Copies; Argument. The moving party shall serve 2 copies of the moving papers on all other parties. In the Appellate Division, the original and 4 copies of the papers shall be filed with the Clerk of that court. In the Supreme Court, the original and 8 copies of the papers shall be filed with the Clerk of that court. Within 10 days after the service of the movant’s papers, the opposing party shall serve and file the same number of papers in opposition. No other papers shall be filed by either party without leave of court. Motions shall not be argued unless the court directs oral argument. (c) Disposition. Unless the court otherwise directs, all motions in the Appellate Division shall be decided by a single judge except that motions for bail, stay of any order or judgment, summary disposition, and leave to appeal shall be decided by a panel of at least two judges. Insofar as practicable, motions for reconsideration and motions for counsel fees for work performed in the Appellate Division shall be decided by the judges who decided the original matter. (d) Order and Notice. Unless the court otherwise directs, upon determination of the motion the court or the clerk acting under its direction shall forthwith enter an order granting or denying the motion in accordance with the determination of the court and shall mail true copies thereof to counsel. APPENDIX A - RULES 2:8-3 (e) Fees. If the motion is the first paper filed in the appellate court by the moving party it shall be accompanied by the fee required by N.J.S.A. 22A:2. Note: Source — R.R. 1:7-10(b), 1:11-1, 1:11-2(a) (b), 1:11-3, 2:11-1, 2:11-2, 2:11-3, 4:61-1(c). Paragraph (a) amended, paragraph (c) adopted and former paragraph (c) redesignated (d) July 24, 1978 to be effective September 11, 1978; paragraph (b) amended and paragraph (e) adopted July 16, 1981 to be effective September 14, 1981; paragraphs (c) and (d) amended November 1, 1985 to be effective January 2, 1986; paragraph (a) amended July 14, 1992 to be effective September 1, 1992; paragraph (c) amended July 12, 2002 to be effective September 3, 2002. 2:8-2. Dismissal of Appeals: Order; Stipulation The appellate court may at any time on its own motion or that of a party dismiss the appeal or petition for certification. Appeals and petitions for certification in class actions and in actions involving the status of minors shall not be dismissed without an order of the appellate court; all other appeals and petitions may be dismissed upon the filing of a stipulation by the parties agreeing thereto. An appellant may dismiss the appeal without consent at any time before the first brief on appeal is filed. Such dismissal shall be accompanied by a proof of service thereof on all respondents. Note: Source—R.R. 1:4-1 (third sentence), 1:8-6, 1:10-6(a) (third sentence). Amended July 24, 1978 to be effective September 11, 1978; amended November 1, 1985 to be effective January 2, 1986. 2:8-3. Motion for Summary Disposition (a) Supreme Court. On an appeal taken to the Supreme Court as of right from a judgment of the Appellate Division, any party may move at any time following the service of the notice of appeal for a summary disposition of the appeal. Such motion shall be determined on the motion papers and on the briefs and record filed with the Appellate Division and may result in an affirmance, reversal or modification. The pendency of such motion shall toll the time for the filing of briefs and appendices on the appeal. The Supreme Court may summarily dispose of any appeal on its own motion at any time, and on such prior notice, if any, to the parties as the Supreme Court directs. (b) Appellate Division. Any party to an appeal may move the Appellate Division for summary disposition in accordance with R. 2:8-1(a). Such motion shall demonstrate that the issues on appeal do not require further briefs or full record. The motion may be filed at any time after filing of the notice of appeal but unless leave is otherwise granted not later than 25 days after the filing of respondents’ briefs. The court may deny the motion; may grant it by affirming, reversing or modifying the judgment or order appealed from on the record before it or on such further record as it may direct; or may take such other action in respect of limitation of the issues or otherwise as it deems appropriate. The court may summarily dispose of any appeal on its own motion at any time, and on such notice, if any, to the parties as the court directs, provided that the merits have been briefed. A motion for summary disposition shall toll the time prescribed by these rules for further perfection of the appeal. Note: Adopted December 21, 1971 to be effective January 31, 1972. Paragraph (a) designation added and paragraph (b) adopted July 24, 1978 to be effective September 11, 1978; paragraph (b) amended July 16, 1981 to be effective September 14, 1981; paragraph (b) amended November 1, 1985 to be effective January 2, 1986; paragraph (a) amended July 13, 1994 to be effective September 1, 1994. 2:9-1 APPENDIX A - RULES RULE 2:9. MISCELLANEOUS PROCEEDINGS PENDING APPEAL 2:9-1. Control by Appellate Court of Proceedings Pending Appeal or Certification (a) Control Prior to Appellate Disposition. Except as otherwise provided by R. 2:9-3, 2:9-4 (bail), 2:9-5 (stay pending appeal), 2:9-7. 2:9- 13(f), and 3:21-10(d), the supervision and control of the proceedings on appeal or certification shall be in the appellate court from the time the appeal is taken or the notice of petition for certification filed. The trial court, however, shall have continuing jurisdiction to enforce judgments and orders pursuant to R. 1:10 and as otherwise provided. In addition, when an appeal is taken from an order compelling or denying arbitration, the trial court shall retain jurisdiction to address issues relating to claims and parties that remain in that court. When an appeal is taken fro an order involving a child who has been placed in care by the Division of Child Protection and Permanency, the trial court shall retain jurisdiction to conduct summary hearings in due course to address issues not the subject of the appeal relating to the child or the child's family. Unless the appeal concerns the permanency plan of the child, the trial court also shall retain jurisdiction to conduct hearings to address the permanency plan of the child. The appellate court may at any time entertain a motion for directions to the court or courts or agencies below or to modify or vacate any order made by such courts or agencies or by any judge below. (b) Proceedings on Remand to Tribunal of First Instance. When the judgment or decision of the court, agency or officer of first instance has been reviewed by a court whose judgment is reviewable by the Appellate Division, the appellate court may, if it retains jurisdiction and remands to the tribunal of first instance for any appropriate action therein, direct that after execution of the remand the proceedings be returned to itself without preliminary review by the court to which appeal was first taken. (c) Ineffective Assistance of Counsel Claim in Appeals from Judgment Terminating Parental Rights. In appeals from judgments terminating parental rights pursuant to N.J.S.A. 30:4C-15 et seq. in which ineffective assistance of counsel has been alleged, the appellate court, if it determines there to be a genuine issue of material fact on the issue of the representation provided by trial defense counsel that requires resolution, may retain jurisdiction and remand the case to the trial judge for an accelerated hearing to be completed within 30 days to be followed promptly by an oral opinion by the trial judge. The parties shall then be permitted simultaneously to exchange supplemental appellate briefs on the limited issue of the remand no later than seven days after the filing of the transcript of the remand proceedings. Note: Source—R.R. 1:4-1 (first sentence), 1:10-6(a) (first and third sentences). Paragraph (a) amended July 16, 1981 to be effective September 14, 1981; paragraph (a) amended November 1, 1985 to be effective January 2, 1986; new paragraph (c) adopted July 16, 2009 to be effective September 1, 2009; paragraph (a) amended July 19, 2012 to be effective September 4, 2012; paragraph (a) amended July 27, 2015 to be effective September 1, 2015; paragraph (a) amended October 19, 2016 to be effective January 1, 2017. APPENDIX A - RULES 2:9-3 2:9-2. Extension and Acceleration of Time; Adjournments The time fixed by these Rules for the taking of any proceeding on appeal or certification may not be extended by consent of the parties. Such extension may, however, be granted by order for good cause shown unless otherwise provided by Rule. The time schedule may be accelerated on the court’s own motion or on the motion of a party. Adjournments, extensions with consent, and accelerations of time may be granted by the Chief Justice, or the Clerk of the Supreme Court acting under the direction of the Chief Justice, or by the presiding judge of a part of the Appellate Division or the Clerk of the Appellate Division acting under the direction of the presiding judge. Note: Source—R.R. 1:7-13, 1:8-2(b); amended November 1, 1985 to be effective January 2, 1986. 2:9-3. Stay Pending Review in Criminal Actions (a) Imprisonment. A sentence of imprisonment shall not be stayed by the taking of an appeal or by the filing of a notice of petition for certification, but the defendant may be admitted to bail as provided in R. 2:9-4. (b) Fine; Probation. A sentence to pay a fine and an order placing the defendant on probation may be stayed by the trial court on appropriate terms if an appeal is taken or a notice of petition for certification is filed. If the court denies a stay, it shall state its reasons briefly, and the application may be renewed before the appellate court. Pending the appellate proceedings, the court may require the defendant to deposit, in whole or part, the fine and costs with the official authorized by law to receive the same in the county in which the conviction was had, or may require a bond for the payment thereof, or may require the defendant to submit to an examination of assets, and may make an appropriate order restraining the defendant from dissipating any assets. (c) Stay Following Appeal by the State. Notwithstanding paragraphs (a) and (b) of this rule, execution of sentence shall be stayed pending appeal by the State pursuant to N.J.S.A. 2C:44-1f(2). Whether the sentence is custodial or non-custodial, bail pursuant to R. 2:9-4 shall be established as appropriate under the circumstances. A defendant may elect to execute a sentence stayed by the State’s appeal but such election shall constitute a waiver of the right to challenge any sentence on the ground that execution has commenced. (d) Stay of Order of Enrollment in a Pretrial Intervention Program. An order of the trial court enrolling a defendant into a pretrial intervention program over the objection of the prosecutor shall be automatically stayed for fifteen days following the date of its entry, and if the prosecutor files a notice of appeal within said fifteen-day period, during the pendency of the appeal. (e) Court to Which Motion is Made. Pending appeal or certification to the Supreme Court respecting a judgment of the Appellate Division, application for a stay pending review shall be first made to the Appellate Division. Note: Source—R.R. 1:2-8(a) (sixth sentence), 1:4-3(a) (first sentence) (b) (c) (d); paragraph (c) amended and paragraph (d) deleted July 29, 1977 to be effective September 6, 1977; paragraph (c) caption amended July 24, 1978 to be effective September 11, 1978; paragraph (d) adopted September 10, 1979 to be effective immediately; paragraph (d) amended July 16, 1981 to be effective September 2:9-4 APPENDIX A - RULES 14, 1981; paragraph (e) adopted November 1, 1985 to be effective January 2, 1986; paragraphs (c) and (d) amended July 13, 1994 to be effective September 1, 1994; paragraph (e) redesignated as paragraph (f) and new paragraph (e) adopted June 28, 1996 to be effective September 1, 1996; paragraph (a) amended July 12, 2002 to be effective September 3, 2002; paragraph (d) amended July 28, 2004 to be effective September 1, 2004; paragraph (a) deleted, former paragraphs (b) and (c) redesignated as paragraphs (a) and (b), former paragraph (d) amended and redesignated as paragraph (c), and former paragraphs (e) and (f) redesignated as paragraphs (d) and (e) July 27, 2018 to be effective September 1, 2018; paragraph (c) amended July 31, 2020 to be effective September 1, 2020. 2:9-4. Bail After Conviction Except as otherwise provided by R. 2:9-5(a), the defendant in criminal actions shall be admitted to bail on motion and notice to the county prosecutor pending the prosecution of an appeal or proceedings for certification only if it appears that the case involves a substantial question that should be determined by the appellate court, that the safety of any person or of the community will not be seriously threatened if the defendant remains on bail, and that there is no significant risk of defendant’s flight. Pending appeal to the Appellate Division, bail may be allowed by the trial court; or if denied by the trial court, by the Appellate Division; or if denied by the Appellate Division, by the Supreme Court. Following disposition in the Appellate Division and pending proceedings in the Supreme Court, bail may be allowed by the Appellate Division, or if denied by the Appellate Division, by the Supreme Court. A copy of an order entered by an appellate court granting bail shall be forwarded by the clerk of the appellate court to the sentencing court and clerk of the trial court. A trial court denying bail shall state briefly its reasons therefor. A judge or court allowing bail may at any time revoke the order admitting defendant to bail. Note: Source—R.R. 1:4-3(e), 1:4-4. Amended June 29, 1973 to be effective September 10, 1973. Amended July 17, 1975 to be effective September 8, 1975; amended July 13, 1994 to be effective September 1, 1994; amended July 10, 1998 to be effective September 1, 1998; amended July 27, 2018 to be effective September 1, 2018. 2:9-5. Stay of Judgment in Civil Actions and in Contempts (a) Stay on Order; Bond, Other Security or Cash Deposit. Except as otherwise provided by R. 1:10 (Contempt), neither an appeal, nor motion for leave to appeal, nor a proceeding for certification, nor any other proceeding in the matter shall stay proceedings in any court in a civil action or summary contempt proceeding, but a stay with or without terms may be ordered in any such action or proceeding in accordance with R. 2:9-5(b). If a stay is denied after conviction in a summary contempt proceeding, bail shall be allowed as provided by R. 2:9-4. A judgment or order in a civil action adjudicating liability for a sum of money or the rights or liabilities of parties in respect of property which is the subject of an appeal or certification proceedings shall be stayed only upon the posting of a supersedeas bond or other form of security pursuant to R. 2:9-6 or a cash deposit pursuant to R. 1:13-3(c), unless the court otherwise orders after notice and on good cause shown. Such posting or deposit may be ordered by the court as a condition for the stay of any other judgment or order in a civil action. (b) Court to Which Motion Made. A motion for a stay in a civil action or contempt proceeding prior to the date of the oral argument in the APPENDIX A - RULES 2:9-6 appellate court or of submission to the appellate court for consideration without argument shall be made first to the court which entered the judgment or order. Thereafter the motion shall be made to the appellate court. If the motion is denied below, it may be made again to the appellate court; if granted below, the appellate court may entertain a motion to dissolve the stay. The grant or denial of a stay by the Appellate Division may be reviewed on motion to the Supreme Court on notice to the Appellate Division without taking an appeal to the Supreme Court. Following disposition in the Appellate Division and pending proceedings in the Supreme Court, a stay shall be sought in the first instance from the Appellate Division. Further relief from its order may be sought in the Supreme Court. (c) Stay of Arbitration Pending Appeal. If an order compelling arbitration is appealed as of right pursuant to R. 2:2-3(a), then any party subject to the order may move in the trial court for a stay of the arbitration pending appeal. If so requested, the stay of the arbitration shall be granted unless the court finds that exceptional circumstances warrant the arbitration to proceed while the appeal is pending. If an order compelling or denying arbitration is appealed as of right pursuant to R. 2:2-3(a) in circumstances where the trial court retains jurisdiction over remaining claims or parties pursuant to the exception set forth in R. 2:9-1(a), any party may move in that court for a stay of proceedings pertaining to such remaining claims or parties pending appeal. The trial court shall exercise its sound discretion in the interests of justice in deciding whether to grant or deny the stay and whether any conditions shall apply. Any party may apply to the appellate court, by way of a timely motion filed in accordance with R. 2:8-1, to obtain review of the trial court's disposition of the application for a stay pending appeal. Note: Source—R.R. 1:4-5, 1:4-6, 1:4-7, 1:10-6(b), 2:4-3 (first three sentences). Paragraph (b) amended July 14, 1972 to be effective September 5, 1972; paragraph (a) amended July 16, 1981 to be effective September 14, 1981; paragraph (b) amended November 1, 1985 to be effective January 2, 1986; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; caption amended, paragraph (a) caption and text amended, and new paragraph (c) adopted July 19, 2012 to be effective September 4, 2012. 2:9-6. Supersedeas Bond; Exceptions (a) Supersedeas Bond; Other Form of Security. (1) Except as otherwise provided in paragraph (c), the supersedeas bond or the form of security other than a supersedeas bond shall be presented for approval to the court or agency from which the appeal is taken, or to the court to which certification is sought, and shall have such surety or sureties as the court requires. Unless the court otherwise orders after notice on good cause shown, the bond or other form of security shall be conditioned for the satisfaction of the judgment in full, together with interest and trial costs, and to satisfy fully such modification of judgment, additional interest and costs and damages as the appellate court may adjudge. (2) In determining whether good cause exists to approve a supersedeas bond in an amount less than the full judgment together with interest and trial costs or to approve a form of security other than a supersedeas bond either in the amount of the full judgment or an amount less than the full judgment together with interest and trial costs, the court shall consider all 2:9-6 APPENDIX A - RULES relevant factors, including, but not limited to, the amount and nature of the judgment, anticipated interest and costs, the availability and cost of a supersedeas bond or other form of security, the assets of the judgment debtor and of the judgment debtor's insurers, sureties and indemnitors, if any, the judgment debtor's ability to dissipate assets, and the risk of harm to the parties on the appeal. The burden shall be on the party seeking approval of a supersedeas bond in an amount less than the full judgment together with interest and trial costs or a form of security other than a supersedeas bond either in the amount of the full judgment or an amount less than the full judgment together with interest and trial costs to show that the posting of a supersedeas bond in the full judgment amount would cause undue economic hardship and that in the circumstances such lesser amount or other form of security is adequate and just. In the event the court approves a form of security other than a supersedeas bond or a supersedeas bond in an amount less than the amount of the judgment plus anticipated interest and costs, the court shall impose additional conditions on the judgment debtor to prevent the dissipation, the diminution in the aggregate value, or the diversion of the judgment debtor's assets during the appeal. (3) When the judgment determines the disposition of the property in controversy or when such property is in the custody of the sheriff or when the proceeds of such property or a bond for its value is in the custody or control of the court below, the amount of the supersedeas bond shall be fixed at such sum only as will secure the damages recovered for the use and detention of the property, trial and appellate costs, and interest. (4) In all other cases not specifically provided for herein the amount of the supersedeas bond shall be fixed by the court. (b) Appellants Excepted. When an appeal is taken or certification sought by the State or any political subdivision thereof or any of their respective officers or agencies or by direction of any of the principal departments of the State and the operation or enforcement of a judgment or order is stayed, no bond, obligation or other security shall be required from the appellant. (c) Bail Forfeiture Appeals. Simultaneous with the filing of notice of appeal in respect of a bail forfeiture judgment by or on behalf of an insurer, the appellant shall deposit the full amount of the judgment with the Clerk of the Superior Court in cash or by certified, cashiers or bank check. The court for good cause shown may allow the posting of a supersedeas bond or other form of security in lieu of the cash deposit. Good cause, however, shall not be satisfied by an application to extend the time to locate the defendant or to stay payment of a forfeited bond, entry of a judgment, or preclusion from the bail registry maintained by the Superior Court. The notice of appeal in a bail forfeiture appeal shall be accompanied by proof of compliance with this rule. Such proof shall be provided by affidavit, unless the court otherwise orders. Note: Source—R.R. 1:4-8(a) (c); paragraph (a) amended and paragraph (c) adopted July 28, 2004 to be effective September 1, 2004; paragraph (c) amended July 21, 2011 to be effective September 1, 2011; paragraph (a) caption amended, text of paragraph (a) redesignated as subparagraphs (a)(1), (a)(3) and (a)(4), new subparagraph (a)(2) adopted, and paragraph (c) amended July 19, 2012 to be effective September 4, 2012. APPENDIX A - RULES 2:9-12 2:9-7. Temporary Relief in Administrative Proceedings On or after the filing with the Appellate Division of a notice of appeal or of a notice of motion for leave to appeal from a state administrative agency or officer, a motion for ad interim relief or for a stay of the decision, action or rule under review shall be made in the first instance to the agency whose order is appealed from and, if denied, to the Appellate Division. Note: Source—R.R. 4:88-12(a) (first sentence); amended July 24, 1978 to be effective September 11, 1978; amended November 1, 1985 to be effective January 2, 1986. 2:9-8. Temporary Relief in Emergent Matters When necessary, temporary relief, stays, and emergency orders may be granted, with or without notice, by a single Justice of the Supreme Court or, if the matter is pending in the Appellate Division, by a single judge thereof, to remain in effect until the court acts upon the application. A request to the Supreme Court for emergent relief from an order or emergent application disposition of the Appellate Division may be made by contacting the Supreme Court Clerk's office, which will handle intake and referral of the matter to a single Justice on a rotating basis or to the full Court, as appropriate. Note: Source—R.R. 1:1-5A, 2:4-3 (fourth sentence), 4:88-12(a) (second sentence), 4:88-12(b); amended January 22, 1974, effective immediately; amended July 29, 1977 to be effective September 6, 1977; amended July 19, 2012 to be effective September 4, 2012. 2:9-9. Sanctions for Non-Compliance with Rules Failure properly to prosecute or defend an appeal or proceedings for certification shall be ground for such action as the appellate court deems appropriate, including, but not limited to, dismissal of the appeal or petition, imposition of costs or attorney’s fees or such other penalty as may be assessed personally against the attorney. Note: Source—R.R. 1:4-1 (second sentence), 1:4-2(a) (b), 1:7-2 (seventh sentence), 1:19-6(a) (second sentence). Amended July 24, 1978 to be effective September 11, 1978. 2:9-10. Effect of Appeal by the State An appeal by the State pursuant to N.J.S.A. 2C:44-1f(2) shall not stay the entry of final judgment for purposes of an appeal or cross-appeal by the defendant. Note: Adopted September 10, 1979 to be effective immediately; amended July 28, 2004 to be effective September 1, 2004; amended July 31, 2020 to be effective September 1, 2020. 2:9-11. Sentencing Appeals In a criminal, quasi-criminal or juvenile action in the Appellate Division in which the only issue on appeal is whether the court imposed a proper sentence, briefs shall not be filed without leave of court and the matter shall be placed on a sentencing calendar for consideration by the court following oral argument, which shall be recorded verbatim. The appellate court at its discretion may direct the removal of any case from the sentencing calendar. Note: Adopted November 2, 1987 to be effective January 1, 1988; amended January 19, 1989 to be effective February 1, 1989. 2:9-12. {Deleted} Note: Rule 2:9-12 (“Proportionality Review in Capital Cases”) adopted July 5, 2000 to be effective September 5, 2000; rule deleted July 27, 2018 to be effective September 1, 2018. 2:9-13 APPENDIX A - RULES 2:9-13. Appeals from Orders Granting Pretrial Detention (a) Appealable Order: Expedition. An order granting a motion for pretrial detention pursuant to R. 3:4A shall be appealable as of right to the Appellate Division. Appeals filed pursuant to this rule shall be expedited. (b) Time to File Appeal: Order Transcript. An appeal shall be taken by serving and filing a notice of appeal and required Expedited Information Form within seven days of entry of the order granting pretrial detention. If appellant believes that a transcript is necessary to the consideration of the issues on appeal, the transcript shall be ordered at the expedited delivery rate simultaneously with the service and filing of the notice of appeal. A transcript shall be presumed to be required in at least the following instances, unless appellant believes that a transcript is not necessary to decide the issues on appeal: when witnesses have testified in the trial court and the basis of the appeal depends on review of that testimony: when there are material differences between the written order and the oral decision or related colloquy by the court; when an oral procedural or evidentiary ruling is being challenged; and when the trial court's factual findings are challenged. Notwithstanding the above, the court retains the authority to direct that the transcript be ordered by appellant at any time, if, in its determination, the record presented is insufficient for consideration of the issues on appeal. (c) Time for Serving and Filing Letter Briefs: Length of Letter Briefs: Reply Letter Briefs. In those appeals in which a transcript has been ordered, the appellant shall serve and file a letter brief and appendix within ten days after the delivery to appellant of the transcript. In those appeals in which no transcript has been ordered, and appellant has opted to file a letter brief, the letter brief and appendix shall be served and filed within ten days after the filing of the notice of appeal. Appellant's letter brief shall not exceed eight pages. The respondent shall serve and file an answering letter brief and appendix within ten days after the service of appellant's letter brief. In those appeals in which no transcript is required and the appellant has opted to rely on the Expedited Information Form and attachment, if any, in lieu of a letter brief, the respondent's brief and appendix shall be served and filed within ten days of the filing of the appellant's Expedited Information Form. Respondent's letter brief shall not exceed eight pages. No reply letter briefs or supplemental letter briefs shall be permitted without leave of court. There shall be no extensions of time to file letter briefs without leave of court. (d) Consideration on the Record. Pretrial detention appeals shall be submitted for consideration on the record without argument, unless requested by the court. The following shall constitute the record on appeal: 1. Notice of appeal; 2. Expedited Information Form; 3. Detention order with written findings of fact and statement of reasons; 4. Public Safety Assessment; 4. Briefs; 6. Appendices; 7. Transcript, when required. APPENDIX A - RULES 2:10-1 (e) Disposition of Appeals. Appeals of orders granting pretrial detention pursuant to this rule may be disposed of by opinion or order. (f) Trial Court Retention of Jurisdiction. The filing and pendency of an appeal taken pursuant to this rule shall not divest the trial court of jurisdiction, unless otherwise ordered by the court. (g) Continuing Obligation to Inform Court of Change in Detention Status. Appellant’s counsel shall have a continuing obligation to inform the court immediately if there is any change to the appellant's pretrial detention status. (h) Electronic Filing Required by Attorneys. Appeals of orders granting pretrial detention filed by attorneys must be filed through the Appellate Division’s electronic filing application. (i) Paper Filing by Self-Represented Defendants. Appeals of orders granting pretrial detention filed by defendants representing themselves must be filed in paper. Note: Adopted October 19, 2016 to be effective January 1, 2017. 2:9-14. Appeals from Orders Granting Pretrial Detention Following the disposition of an appeal as of right filed in the Appellate Division pursuant to R. 2:9-13 (Appeals of Orders Granting Pretrial Detention), requests for relief from the Supreme Court shall be by motion for leave to appeal. Such motions shall conform to the Rules of Court governing motions for leave to appeal, including but not limited to R. 2:5- 6 (Appeals from Interlocutory Orders, Decisions and Actions) and R. 2:8- 1 (Motions), with the following exceptions: (a) Supporting and answering briefs shall not exceed five (5) pages, exclusive of tables of contents and tables of citations; (b) The record before the Supreme Court shall be limited to the parties’ briefs on the motion for leave to appeal, the Appellate Division’s disposition of the pretrial detention appeal in the form provided by R. 2:9- 13(e), and the documents that comprised the record on the appeal to the Appellate Division, as provided in R. 2:9-13(d). No further submissions shall be filed on the motion for leave to appeal without leave of Court; (c) The filing of a motion for leave to appeal pursuant to this rule shall not divest the trial court of jurisdiction, unless otherwise ordered by the Court; (d) Movant shall have a continuing obligation to notify the Court immediately if there is a change to the defendant’s pretrial detention status. Note: Adopted December 6, 2016 to be effective January 1, 2017. RULE 2:10. SCOPE OF REVIEW 2:10-1. Motion for New Trial as Prerequisite for Jury Verdict Review; Standard of Review In both civil and criminal actions, the issue of whether a jury verdict was against the weight of the evidence shall not be cognizable on appeal unless a motion for a new trial on that ground was made in the trial court. The trial court’s ruling on such a motion shall not be reversed unless it clearly appears that there was a miscarriage of justice under the law. Note: Source—R.R. 1:5-1(a) (fourth and fifth sentences), 1:5-3(a). Amended July 7, 1971 to be effective September 13, 1971. 2:10-2 APPENDIX A - RULES 2:10-2. Notice of Trial Errors Any error or omission shall be disregarded by the appellate court unless it is of such a nature as to have been clearly capable of producing an unjust result, but the appellate court may, in the interests of justice, notice plain error not brought to the attention of the trial or appellate court. Note: Source—R.R. 1:5-1(a) (first three sentences), (b), 1:5-3(b) (c). 2:10-3. Review of Sentence If a judgment of conviction is reversed for error in or for excessiveness or leniency of the sentence, the appellate court may impose such sentence as should have been imposed or may remand the matter to the trial court for proper sentence. Note: Source—R.R. 1:5-1(c). Caption amended July 7, 1971 to be effective September 13, 1971; text amended November 2, 1987 to be effective January 1, 1988. 2:10-4. Convictions for Contempt Every summary conviction by a court for contempt shall be reviewable on the law and the facts. The appellate court shall render such judgment and order for enforcement thereof as it deems just under the circumstances. Note: Source—R.R. 1:5-2. 2:10-5. Original Jurisdiction The appellate court may exercise such original jurisdiction as is necessary to the complete determination of any matter on review. Note: Source—R.R. 1:5-4(a). N.J. Constitution (1949) Art. VI, §V, para. 3. 2:10-6. Allegation of Ineffective Assistance of Counsel in Termination of Parental Rights Cases In appeals from judgments terminating parental rights pursuant to N.J.S.A. 30:4C-15 et seq. in which ineffective assistance of counsel has been alleged, the issue shall be raised in the direct appeal of the matter below. The brief submitted by appellate counsel must set forth the factual basis for asserting that trial counsel’s performance was deficient and explain why the result would have been different had the lawyer’s performance not been deficient. In appropriate cases, counsel shall proffer certifications or other documentary evidence to support the claim. If the appellate court determines that a genuine issue of material disputed fact on the issue of the representation provided by trial defense counsel has been raised, the matter may be remanded to the trial judge and proceed in accordance with R. 2:9-1(c). Note: Adopted July 16, 2009 to be effective September 1, 2009. RULE 2:11. ARGUMENT; DETERMINATION; COSTS; REHEARING 2:11-1. Appellate Calendar; Oral Argument (a) Calendar. The clerk of the appellate court shall enter all appeals upon a docket in chronological order and, except for appeals on leave granted or from orders compelling or denying arbitration which shall be entitled to a preference, cases shall be argued or submitted for consideration without argument in the order of perfection, insofar as practicable, unless the court otherwise directs with respect to a category of APPENDIX A - RULES 2:11-3 cases or unless the court enters an order of acceleration as to a particular appeal on its own or a party's motion. (b) Oral Argument. (1) In the Supreme Court, appeals shall be argued orally unless the court dispenses with argument. (2) In the Appellate Division, appeals shall be submitted for consideration without argument, unless argument is requested by one of the parties within 14 days after service of the respondent’s brief or is ordered by the court. Such request shall be made by a separate captioned paper filed with the Clerk in duplicate. The clerk shall notify counsel of the assigned argument date. If one of the parties has filed a timely request for oral argument, the other parties may rely upon that request and need not file their own separate requests for argument. A party may withdraw its request for oral argument only if it has the consent to do so from all other parties participating in the appeal. (3) Counsel shall not be permitted to argue for a party who has neither filed a brief nor joined in another party’s brief. The appellant shall be entitled to open and conclude argument. An appeal and cross appeal shall be argued together, the party first appealing being entitled to open and conclude, unless the court otherwise orders. Unless the Court determines more time is necessary, each party will be allowed 30 minutes for argument in the Supreme Court and 15 minutes in the Appellate Division, but the court may terminate the argument at any time it deems the issues adequately argued. No more than 2 attorneys will be heard for each party in the Appellate Division, and one attorney will be heard for each party in the Supreme Court, unless the Court otherwise orders. An attorney will not be permitted to read at length from the briefs, appendices, transcripts or decisions. Note: Source—R.R. 1:8-1(a) (b), 1:8-2(a), 1:8-3, 1:8-4, 2:8-3. Amended July 7, 1971 to be effective September 13, 1971; paragraph (b) amended June 29, 1973 to be effective September 10, 1973; paragraph (b) amended November 1, 1985 to be effective January 2, 1986; paragraph (b) amended November 5, 1986 to be effective January 1, 1987; paragraph (a) amended November 2, 1987 to be effective January 1, 1988; paragraph (a) amended June 28, 1996 to be effective September 1, 1996; paragraph (a) amended July 5, 2000 to be effective September 5, 2000; paragraph (a) amended July 19, 2012 to be effective September 4, 2012; paragraph (b) amended July 22, 2014 to be effective September 1, 2014; paragraph (b)(3) amended July 27, 2018 to be effective September 1, 2018. 2:11-2. Determination of Appeal on Motion for Leave to Appeal Where summary disposition is appropriate, the court may elect to consider the merits of the appeal simultaneously with the motion for leave to appeal on the motion papers alone. Otherwise it may grant leave to appeal and determine the appeal on the papers submitted on the motion and any additional papers it may require. Appeals on leave granted shall be expedited. Note. Amended July 16, 1981 to be effective September 14, 1981; amended July 31, 1981 to be effective September 14, 1981. 2:11-3. Opinion, Judgment; Stay After Judgment (a) Dissenting or Concurring Opinion. The court shall file a written opinion upon the final determination of every appeal. A judge of the Appellate Division dissenting or concurring as to result only shall file a separate opinion stating the reasons for his action. 2:11-4 APPENDIX A - RULES (b) Judgment; Order for Bail. The opinion of the appellate court shall include its judgment, and no other form of judgment shall be required. It shall state whether the judgment, order or determination below is affirmed, reversed or modified, or it may provide for final judgment dispositive of the action. The date of the filing of the opinion shall be deemed to be the date of the entry of the judgment. If the appellate court reverses a judgment of conviction of a defendant in custody, it may direct the trial court to admit him to bail. (c) Notice. Forthwith upon the filing of the opinion, the clerk of the appellate court shall mail true copies thereof to the clerk of the court or agency below and to the parties. (d) Stay of Judgment. A motion for a stay of an appellate court judgment shall be served and filed within 20 days of its entry unless the time is enlarged by court order. (e) Affirmance without Opinion: (1) Civil Appeals. When in a civil appeal the Appellate Division determines that any one or more of the following circumstances exists and is dispositive of a matter submitted to the court for decision: (A) that a judgment of a trial court is based on findings of fact which are adequately supported by evidence; (B) that the evidence in support of a jury verdict is not insufficient; (C) that the determination of a trial court on a motion for a new trial does not constitute a manifest denial of justice; (D) that the decision of an administrative agency is supported by sufficient credible evidence on the record as a whole; (E) that some or all of the arguments made are without sufficient merit to warrant discussion in a written opinion; then and in any such case the judgment or order under appeal may be affirmed without opinion and by an order quoting the applicable paragraph of this rule. (2) Criminal, Quasi-Criminal and Juvenile Appeals. When in an appeal in a criminal, quasi-criminal or juvenile matter, the Appellate Division determines that some or all of the arguments made are without sufficient merit to warrant discussion in a written opinion, the court may affirm by specifying such arguments and quoting this rule and paragraph. Note: Source—R.R. 1:9-1(a) (second sentence) (b), 2:4-2, 2:9-1(a); paragraph (e) adopted May 2, 1975, to be effective May 19, 1975; paragraph (e)(2) amended July 21, 1980 to be effective September 8, 1980; paragraph (d) amended November 1, 1985 to be effective January 2, 1986; paragraph (e)(2) amended July 13, 1994 to be effective September 1, 1994; paragraphs (e)(1) and (e)(2) amended July 5, 2000 to be effective September 5, 2000. 2:11-4. Attorney’s Fees on Appeal An application for a fee for legal services rendered on appeal shall be made by motion supported by affidavits as prescribed by R. 4:42-9(b) and (c), which shall be served and filed within 10 days after the determination of the appeal. The application shall state how much has been previously paid to or received by the attorney for legal services both in the trial and appellate courts or otherwise, including any amount received by way of pendente lite allowances, and what arrangements, if any, have been made APPENDIX A - RULES 2:11-6 for the payment of a fee in the future. Fees may be allowed by the appellate court in its discretion: (a) In all actions in which an award of counsel fee is permitted by R. 4:42-9(a), except appeals arising out of mortgage or tax certificate foreclosures. (b) In a worker’s compensation proceeding. Where the determination of the Supreme Court reverses a denial of compensation in the Appellate Division, the Supreme Court shall determine the fees for services rendered in both appellate courts. (c) As a sanction for violation by the opposing party of the rules for prosecution of appeals. In its disposition of a motion or on an order of remand for further trial or administrative agency proceedings, where the award of counsel fees abides the event, the appellate court may refer the issue of attorney’s fees for appellate services for disposition by the trial court or, if applicable, by the agency that is serving solely as the forum and that has the authority to award counsel fees against litigants appearing in that forum. Note: Source—R.R. 1:9-3, 2:9-3, 1:12-9(f), 4:55-7(a) (b) (e), 5:2-5(f). Paragraph (d) amended July 14, 1972 to be effective September 5, 1972; text amended and paragraph (g) and (h) adopted July 29, 1977 to be effective September 6, 1977; paragraphs (a) (b) (c) (e) (g) and (h) deleted, new paragraph (a) adopted, former paragraph (d) redesignated (b) and former paragraph (f) redesignated paragraph (c) November 1, 1985 effective January 2, 1986; introductory paragraph amended July 13, 1994 to be effective September 1, 1994; final paragraph added June 28, 1996 to be effective September 1, 1996; final paragraph amended July 27, 2018 to be effective September 1, 2018. 2:11-5. Costs on Appeal Such costs as are recoverable by law, including the cost of the transcript and the reasonable expense of printing or reproducing briefs, appendices, motions and petitions, shall be taxed by the clerk of the appellate court in the manner ordered by the appellate court or in the absence of such order, in favor of the prevailing party, except that where a new trial is ordered taxation of costs on the appeal shall abide the event of the new trial unless the court otherwise orders. Note: Source—R.R. 1:9-2. Amended July 7, 1971 to be effective September 13, 1971. 2:11-6. Motion for Reconsideration (a) Service; Filing; Contents; Argument. Within ten days after entry of judgment or order, unless such time is enlarged by court order, a party may apply for reconsideration by serving two copies of a motion on counsel for each of the opposing parties and filing nine copies thereof with the Supreme Court, or five copies thereof with the Appellate Division, as appropriate. One filed copy shall be signed by counsel. The motion shall not exceed 25 pages and shall contain a brief statement and argument of the ground relied upon and a certificate of counsel that it is submitted in good faith and not for purposes of delay. The motion shall have annexed thereto a copy of the opinion or order that is the subject thereof. An answer shall be filed only if requested by the court, and within ten days after such request or within such other time as the court fixes therein. The motion will not be argued orally. (b) Grant of Motion. A motion for reconsideration will be granted only if it is moved by a justice or judge who concurred in the judgment or decision, and a majority of the court so determines. It may be granted in 2:12-1 APPENDIX A - RULES whole or in part, and on terms. Unless otherwise ordered by the court, the motioning party shall be regarded as the appellant on reconsideration of a judgment or order that disposes of the appeal and shall file a brief within 30 days of the entry of the order granting the reconsideration. Thereafter the same procedures shall be followed as are provided for an original appeal. (c) Determination of Appeal. The court may, where appropriate, summarily redetermine the appeal or amend its opinion. Note: Source—R.R. 1:9-4(a) (b) (c). Caption, paragraph (a) and paragraph (b) amended November 1, 1985 to be effective January 2, 1986; paragraph (a) amended July 14, 1992 to be effective September 1, 1992; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 10, 1998 to be effective September 1, 1998; paragraphs (a) and (b) amended July 5, 2000 to be effective September 5, 2000. RULE 2:12. APPEALS ON CERTIFICATION TO THE SUPREME COURT 2:12-1. Certification on Motion of the Supreme Court The Supreme Court may on its own motion certify any action or class of actions for appeal. Note: Source—R.R. 1:10-1. 2:12-2. Certification of Appeals Pending Unheard in Appellate Division (a) Filing and Service of Motion. A motion for certification of an appeal pending unheard in the Appellate Division shall be served and filed with the Supreme Court and the Appellate Division within 10 days after the filing of all briefs with the Appellate Division. Within 5 days after service of the motion an opposing party may serve and file a statement in opposition. The motion and statement shall not exceed 5 pages. Nine copies thereof shall be filed with the Supreme Court. (b) Additional Briefs. On certification, either on motion of a party or the court, the appeal shall proceed to hearing upon the briefs, appendices and transcript prepared for the Appellate Division, and 4 more copies of the briefs and appendices shall be filed, but the Supreme Court may, on good cause shown, permit the filing of supplemental briefs. Note: Source—R.R. 1:10-1A(a), 1:10-14(c). Paragraph (a) amended July 14, 1992 to be effective September 1, 1992. 2:12-3. Certification of Final Judgments of the Appellate Division (a) Notice of Petition for Certification: Time for Filing; Contents; Filing Fees. If certification is sought to review a final judgment of the Appellate Division, the petitioner shall, within 20 days after its entry, serve a copy of a notice of petition for certification upon all parties who may be affected by the proceeding and shall file the original notice with the Clerk of the Supreme Court, together with the payment of the appropriate fee pursuant to N.J.S.A. 22A:2, and a copy thereof with the Clerk of the Appellate Division. The notice shall set forth the petitioner’s name and address or the name and address of counsel, if any. In civil actions it shall designate the judgment or part thereof sought to be reviewed. In criminal, quasi-criminal and juvenile delinquency matters it shall concisely state the APPENDIX A - RULES 2:12-7 offense and designate the judgment, its date and any sentence or disposition imposed thereon and, if the defendant is in custody, the place of confinement. (b) Cross Petition for Certification. A cross petition for certification to review a judgment of the Appellate Division shall be governed by the rules applying to a petition for certification, except that the notice of cross petition for certification shall be served and filed within 10 days after the service and filing of the notice of petition for certification. Note: Source—R.R. 1:10-4(a) (c) (d), 1:10-5. Paragraph (a) amended July 24, 1978 to be effective September 11, 1978; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 5, 2000 to be effective September 5, 2000. 2:12-4. Grounds for Certification Certification will be granted only if the appeal presents a question of general public importance which has not been but should be settled by the Supreme Court or is similar to a question presented on another appeal to the Supreme Court; if the decision under review is in conflict with any other decision of the same or a higher court or calls for an exercise of the Supreme Court’s supervision and in other matters if the interest of justice requires. Certification will not be allowed on final judgments of the Appellate Division except for special reasons. Note: Source—R.R. 1:10-1A(b), 1:10-2. 2:12-5. Deposit for Costs In all civil actions, unless a supersedeas bond has been filed or a deposit in lieu thereof made pursuant to R. 2:5-2, the petitioner shall, within 30 days of the filing of the notice of petition for certification, deposit $300 with the clerk of the Supreme Court, to answer the costs on the petition, if denied, and the cost of the appeal if granted, but no deposit shall be required if the petitioner is a party exempted from making deposit by R. 2:5-2. Notice of deposit and dismissal for failure to make timely deposit shall be in accordance with R. 2:5-2. Note: Source—R.R. 1:10-7, 1:10-14(d) (second sentence); amended July 22, 1983 to be effective September 13, 1983; amended July 13, 1994 to be effective September 1, 1994. 2:12-6. Record on Petition for Certification The record on petition for certification shall be the briefs, appendices and transcripts filed in the Appellate Division, the opinion of the Appellate Division, and the transcript of the oral argument of sentencing appeals heard by the Appellate Division pursuant to R. 2:9-11. Such record shall constitute the record on appeal if certification is granted. Note: Source—R.R. 1:10-8, 1:10-14(d) (first sentence); amended January 19, 1989 to be effective February 1, 1989. 2:12-7. Form, Service and Filing of Petition for Certification (a) Form and Contents. A petition for certification shall be in the form of a brief, conforming to the applicable provisions of R. 2:6 and not exceeding 20 pages exclusive of tables of contents, citations and appendix. It shall contain a short statement of the matter involved, the question presented, the errors complained of, the reasons why certification should be allowed, and comments with respect to the Appellate Division opinion. 2:12-8 APPENDIX A - RULES It shall have annexed the notice of petition for certification; the written opinions of the courts below; a copy of the transcript of any relevant oral opinions or statements of findings and conclusions of law; and in the case of a sentencing appeal heard by the Appellate Division pursuant to R. 2:9- 11, the transcript of the oral argument, which shall be requested from the Chief, Reporting Services in the Appellate Division. The petition shall be signed by petitioner’s counsel who shall certify that it presents a substantial question and is filed in good faith and not for purposes of delay. (b) Service, Filing and Time. Within 10 days after the filing of the notice of petition for certification or 30 days after the entry of the final judgment, whichever is later, two copies of the petition shall be served on each opposing party and four copies thereof together with four copies of petitioner’s Appellate Division brief and appendix shall be filed with the Clerk of the Supreme Court. If certification is granted, petitioner shall file five additional copies of the petition and petitioner’s Appellate Division brief and appendix within 10 days following receipt of the order granting certification. Note: Source—R.R. 1:10-9, 1:10-10(a). Paragraph (a) amended March 5, 1974 to be effective immediately; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; paragraph (a) amended January 19, 1989 to be effective February 1, 1989; paragraph (b) amended June 29, 1990 to be effective September 4, 1990; paragraph (a) amended July 14, 1992 to be effective September 1, 1992; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraph (b) amended July 27, 2006 to be effective September 1, 2006. 2:12-8. Respondent’s Brief and Petitioner’s Reply Brief The respondent shall, within 15 days of the service of the petition, serve two copies of the brief in opposition to certification and file four copies thereof together with four copies of respondent’s Appellate Division brief and appendix with the Clerk of the Supreme Court. The brief shall be direct and concise, shall conform to the applicable provisions of R. 2:6 and shall not exceed 20 pages, exclusive of tables of contents, citations and appendix. Within 10 days of such service, the petitioner may serve two copies and file four copies of a reply brief not exceeding 10 pages, exclusive of tables of contents, citations, and appendix. If certification is granted, each respondent shall file five additional copies of the brief in opposition to certification and Appellate Division brief and appendix within 10 days following receipt of the order granting certification. The petitioner shall file five additional copies of any reply brief within the same 10-day period. Note: Source—R.R. 1:10-11, 1:10-12. Amended July 14, 1992 to be effective September 1, 1992; amended July 27, 2006 to be effective September 1, 2006. 2:12-9. Where Party Appeals and at the Same Time Makes Application for Certification A party who seeks certification to review a final judgment of the Appellate Division and also appeals therefrom shall state in the petition for certification all questions intended to be raised on appeal. Except in the case of an appeal as of right pursuant to R. 2:2-1(a)(2), a denial of certification shall be deemed to be a summary dismissal of the appeal, and APPENDIX A - RULES 2:12A-2 the Clerk of the Supreme Court shall forthwith enter an order dismissing the appeal, unless the Supreme Court otherwise orders. Note: Amended July 13, 1994 to be effective September 1, 1994; amended August 1, 2016 to be effective September 1, 2016. 2:12-10. Granting or Denial of Certification A petition for certification shall be granted on the affirmative vote of 3 or more justices. Upon final determination of a petition for certification, unless the Supreme Court otherwise orders, the clerk shall enter forthwith an order granting or denying the certification in accordance with the Supreme Court’s determination and shall mail true copies thereof to the clerk of the court below and to the parties or their attorneys. The date of the order granting certification shall be posted on the Judiciary's website. Note: Source—R.R. 1:10-4(e), 1:10-13; amended July 22, 2014 to be effective September 1, 2014. 2:12-11. Proceedings After Certification Granted If certification is granted, the matter shall be deemed pending on appeal in the Supreme Court and the petitioner’s entire case shall be before the Supreme Court for review unless the Supreme Court otherwise orders on its own motion or on the motion of a party which shall be included in the petition or in the respondent’s brief in answer thereto. The respondent may seek affirmative relief only by cross petition for certification. Further proceedings shall be had as provided for on appeals as of right, except that the appeal shall be submitted on the briefs, appendices and transcript filed with the Appellate Division and except that, in appropriate cases, the Supreme Court may render a decision without argument. Further briefs on the appeal may be filed only on order and in accordance with the schedule set forth therein. Application for permission to file further briefs shall be in the form of a motion. Note: Source—R.R. 1:10-14(a) (e). Amended December 21, 1971 to be effective January 31, 1972; amended March 5, 1974 to be effective immediately; amended May 8, 1975 to be effective immediately; amended July 24, 1978 to be effective September 11, 1978. RULE 2:12A. CERTIFICATION OF QUESTIONS OF LAW BY THE SUPREME COURT 2:12A-1. Responding to Questions of Law The Supreme Court may answer a question of law certified to it by the United States Court of Appeals for the Third Circuit, if the answer may be determinative of an issue in litigation pending in the Third Circuit and there is no controlling appellate decision, constitutional provision, or statute in this State. Note: Adopted November 19, 1999, to take effect January 3, 2000 for a period of two years; extended September 17, 2001 for two additional years through January 2, 2004; adopted on a permanent basis November 5, 2003 effective immediately. 2:12A-2. Power to Reformulate Question The Supreme Court may reformulate a question of law certified to it. Note: Adopted November 19, 1999, to take effect January 3, 2000 for a period of two years; extended September 17, 2001 for two additional years through January 2, 2004; adopted on a permanent basis November 5, 2003 effective immediately. 2:12A-3 APPENDIX A - RULES 2:12A-3. Certification Order; Record The Court of Appeals for the Third Circuit shall issue a certification order and forward it to the Supreme Court. Within five days of the filing of the order with the Supreme Court, the parties may comment on the order by serving and filing nine copies of a statement that does not exceed five pages. Before responding to a certified question, the Court may request of the Court of Appeals for the Third Circuit that it deliver all or part of the record in the pending litigation. Note: Adopted November 19, 1999, to take effect January 3, 2000 for a period of two years; extended September 17, 2001 for two additional years through January 2, 2004; adopted on a permanent basis November 5, 2003 effective immediately. 2:12A-4. Contents of Certification Order A certification order must contain: (a) The question of law sought to be answered; (b) the facts relevant to the question, showing fully the nature of the controversy out of which the question arose. If the parties cannot agree on a statement of facts, the certifying court shall set forth what it believes to be the relevant facts; (c) A statement acknowledging that the Supreme Court, acting as the receiving court, may reformulate the question; and (d) The names and addresses of counsel of record and all parties appearing without counsel. Note: Adopted November 19, 1999, to take effect January 3, 2000 for a period of two years; extended September 17, 2001 for two additional years through January 2, 2004; adopted on a permanent basis November 5, 2003 effective immediately. 2:12A-5. Notice; Response The Supreme Court, acting as the receiving court, shall notify the Court of Appeals for the Third Circuit of its acceptance or rejection of the question and shall respond to an accepted certified question as soon as practicable. Note: Adopted November 19, 1999, to take effect January 3, 2000 for a period of two years; extended September 17, 2001 for two additional years through January 2, 2004; adopted on a permanent basis November 5, 2003 effective immediately. 2:12A-6. Procedures After the Supreme Court has accepted a certified question, the matter shall proceed in the same manner as an appeal as of right. The Court shall issue a scheduling order and all briefs shall comply with the requirements and limitations of Rule 2:6 unless otherwise directed by the Court. Unless the Court dispenses with oral argument, it shall proceed pursuant to Rule 2:11-1(b). Note: Adopted November 19, 1999, to take effect January 3, 2000 for a period of two years; extended September 17, 2001 for two additional years through January 2, 2004; adopted on a permanent basis November 5, 2003 effective immediately. 2:12A-7. Disposition The Supreme Court shall dispose of the matter by an opinion or order, as may be appropriate. Note: Adopted November 19, 1999, to take effect January 3, 2000 for a period of two years; extended September 17, 2001 for two additional years through January 2, 2004; adopted on a permanent basis November 5, 2003 effective immediately. APPENDIX A - RULES 2:13-2 2:12A-8. Cost of Certification Fees and costs are the same as in appeals as of right to the Supreme Court except that they are to be divided equally among the parties unless otherwise provided in the order entered by the Court of Appeals for the Third Circuit. Note: Adopted November 19, 1999, to take effect January 3, 2000 for a period of two years; extended September 17, 2001 for two additional years through January 2, 2004; adopted on a permanent basis November 5, 2003 effective immediately. RULE 2:13. ADMINISTRATION 2:13-1. Presiding Justice or Judge (a) Supreme Court. The Chief Justice or, pursuant to R. 1:33-1, the Acting Chief Justice, shall preside over sessions and conferences of the court and shall sign all orders relating to the administration of the judicial system. If the Chief Justice is absent or unable to serve, the senior justice shall serve temporarily as presiding justice. Seniority shall be determined by order of taking of oath as a member of the court. (b) Appellate Division. The presiding judge of each part, designated by the Chief Justice, shall preside over its sessions and conferences. If the presiding judge is absent or unable to serve or if none has been designated, the senior judge attending shall serve temporarily as presiding judge. Seniority shall be determined by length of service on the Appellate Division. The Chief Justice shall designate one presiding judge as the Presiding Judge for Administration to be responsible for the administration of the Appellate Division pursuant to R. 1:33-4. The Chief Justice may designate another presiding judge as the Deputy Presiding Judge for Administration, who shall assist the Presiding Judge for Administration. Note: Source—R.R. 1:1-4, 1:1-6, 2:1-5, 2:1-8. Paragraph (a) amended November 27, 1974 to be effective April 1, 1975; paragraph (b) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a) and (b) amended July 10, 1998 to be effective September 1, 1998; paragraph (b) amended October 8, 2013. 2:13-2. Quorum; Temporary Assignment (a) Supreme Court. Five members of the court shall constitute a quorum. When necessary to constitute a quorum, to replace a justice who is absent or unable to act, or to expedite the business of the court, the presiding justice may assign one or more retired justices of the Supreme Court who are not engaged in the practice of law and who consent thereto or the judge or judges of the Appellate Division, senior in length of service therein, to serve temporarily in the Supreme Court. If the judge of the Appellate Division senior in service is unable to serve or shall waive assignment, the presiding justice may assign the judge next senior in service; and if 2 or more judges have equal seniority, the presiding justice may assign either or any of them. (b) Appellate Division. The Appellate Division shall consist of such parts with such number of judges as the Chief Justice shall from time to time designate. Appeals shall be decided by panels of 2 judges designated by the presiding judge of the part except when the presiding judge determines that an appeal should be decided by a panel of 3 judges. Such a determination may be made where the appeal presents a question of public importance, of special difficulty, of precedential value, or for such other special reason as the presiding judge shall determine. The panel of 2 2:13-3 APPENDIX A - RULES judges to which an appeal is submitted for decision may elect to call a third judge to participate in the decision at any time before making its determination and shall do so if the 2 judges cannot agree as to the determination. In either case the appeal shall be reargued if it has already been argued unless reargument is waived. When an appeal is designated for decision by the full part, 3 judges shall constitute a quorum unless all parties consent to a quorum of 2 judges and, if only 2 of the 3 judges have heard the oral argument, the parties may consent to the participation in the court’s decision by the third judge. Judges assigned to one part may be assigned to serve temporarily in any other part. Note: Source—R.R. 1:1-5(a) (b), 2:1-3, 2:1-6(a) (b), 2:1-7(a) (b). Paragraphs (a) and (b) amended July 24, 1978 to be effective September 11, 1978; paragraph (b) amended November 2, 1987 to be effective January 1, 1988; paragraph (b) amended July 13, 1994 to be effective September 1, 1994. 2:13-3. Places of Sitting The Supreme Court shall sit in Trenton, and the Appellate Division shall sit in Trenton, Newark, Morristown and Hackensack, unless the Chief Justice or a presiding judge deems it temporarily necessary or desirable to convene court elsewhere. Note: Source—R.R. 1:1-3, 2:1-4; amended November 27, 1974 to be effective April 1, 1975; amended July 13, 1994 to be effective September 1, 1994.