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 Unpublished Opinions. 1:37-1.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.