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Appellate Rule

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.

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; (3) directly from the
trial courts in cases where the death penalty has been imposed and in
post-conviction proceedings in such cases; (4) 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.

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 trial courts in cases where the death penalty has been imposed.

(b) Of the Appellate Division when necessary to prevent irreparable injury;

(c) On certification by the Supreme Court to the
Appellate Division pursuant to R. 2:12-1.

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(f) (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 any order either compelling arbitration, whether the action is dismissed
or stayed, or denying arbitration 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

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), but no such appeal shall be allowed in cases
referred to in R. 2:2-2(a).

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.

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(b) or R. 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.

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.

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.

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).

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.

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).

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 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 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 the 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.

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), 2:5-6(b) (cross appeals), 2:12-2(a)
(motion for certification of appeal pending unheard in the Appellate Division)
and 2:12-3(b) (cross petition for certification), for such period as it deems
reasonable.

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 Capital Cases. In criminal actions in which the death penalty has
been imposed the defendant's attorney shall forthwith serve upon the principal
keeper of the state prison a copy of the notice of appeal, certified to be a
true copy by the clerk of the Supreme Court.

(d) 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.

(e) Service and Filing in
Administrative Proceedings. An appeal to the
Appellate Division to review the decision, action or administrative rule 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.

(f) 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.

A. 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.

B. 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 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.

C. 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.

(g) 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.

(h) 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 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.

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.

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 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 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
cases, 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
therefore. 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 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 Administrator 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.

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 record as may be designated.

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
hereinafter 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 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.

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 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 5
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.

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 summary judgment, the appendix shall
also include a 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.

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 any point not presented below be so indicated by including in
parenthesis a statement to that effect in the point heading.

(2) A table of citations of cases, alphabetically arranged, of statutes and
rules and of other authorities.

(3) 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.

(4) 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.

(5) 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 Supreme Court, the
Supreme Court of New Jersey, and the highest court of any other jurisdiction.

(6) 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.

2:6-2. Contents of Appellant's Brief

(2) A table of citations of cases, alphabetically arranged, of statutes and
rules and of other authorities.

(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.

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.

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.

(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.

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.

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
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.

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.

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.

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.

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).

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 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 herein specified 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 cases decided or legislation enacted
subsequent to the filing of the brief. Any other party to the appeal may,
without leave, file and serve a short letter in response thereto within 5 days
after receipt thereof.

(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.

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.

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. 1:2-7(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 and are constitutionally or otherwise entitled
by law to counsel, it shall assign counsel to represent them on the appeal
pursuant to R. 3:4-2(c). If the trial court denies an application for
assignment of counsel, it shall briefly state its reasons therefore, and the
application may be renewed within 20 days thereafter before the appellate court
in accordance with R. 2:7-3.

(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.

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

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 Law Division proceedings paid for in the same manner as
the municipal court transcript.

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.

(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.

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.

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 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.

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 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. 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.

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.

2:9-3. Stay Pending Review in Criminal Actions

(a) Death Penalty. Unless the Supreme Court by leave granted otherwise
orders, a sentence of death shall be stayed only as follows:

(1) during the pendency of defendant's direct appeal to the New Jersey Supreme
Court and, on the affirmance of defendant's conviction and sentence, during the
period allowed for the timely filing of a petition for a writ of certiorari to
the United States Supreme Court and, if filed, while that petition is pending
disposition;

(2) during the pendency of a first petition for post-conviction relief that is
filed within thirty days after the United States Supreme Court's disposition of
defendant's application under paragraph (a)(1), and, on the denial or dismissal
of that petition for post-conviction relief, during the pendency of defendant's
appeal to the New Jersey Supreme Court and, on the affirmance of defendant's
conviction and sentence, during the period allowed for the timely filing of a
petition for a writ of certiorari to the United States Supreme Court and, if
filed, while that petition is pending disposition; and

(3) during the pendency of a timely first petition for a writ of habeas corpus
in the United States District Court and, if the petition is denied or
dismissed, during the pendency of a timely appeal to the Third Circuit and
petition for a writ of certiorari to the United States Supreme Court for review
of the disposition of the habeas petition.

The State shall notify defendant and
defense counsel, the judge authorized to issue the death warrant pursuant to
N.J.S.A. 2C:49-5, and the New Jersey Supreme Court forthwith on the expiration
of any stay of the death sentence provided for herein or on the expiration of a
stay ordered pursuant to this Rule.

(b) 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.

(c) 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.

(d) Stay Following Appeal by the State. Notwithstanding paragraphs (b) and (c) of this rule,
execution of sentence shall be stayed pending appeal by the State pursuant to N.J.S.A.
2C:44-1f(2) or N.J.S.A. 2C:35-14c. 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.

(e) 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.

(f)
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.

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 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 it, 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 to bail. In no case
shall a defendant who has received a sentence of death be admitted to bail.

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 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.

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 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 full judgment amount 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.

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.

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), 1:10-6(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) or N.J.S.A. 2C:35-14c 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.

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.
Proportionality Review in Capital Cases

All hearings conducted by
the Standing Master appointed by the Supreme Court to oversee data collection
for the proportionality review of death sentences shall be confidential. The
transcripts of such hearings, the written and oral submissions of the parties,
and the records maintained for proportionality review by the Administrative
Office of the Courts shall be confidential. The arguments or representations of
counsel at or in contemplation of such hearings shall not be used for any
purpose other than proportionality review.

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.

2:10-6. Allegation of
Ineffective Assistance of Counsel2:10-1. 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. 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.

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).

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 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. In the Supreme Court, appeals shall be argued orally
unless the court dispenses with argument. 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. 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. Each party
will be allowed a maximum of 30 minutes for argument in the Supreme Court,
unless the Court determines more time is necessary, and 30 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. An attorney will not be permitted to read at length from the
briefs, appendices, transcripts or decisions.

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.

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.

(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.

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.

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 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.

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.

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.

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
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.

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.

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.

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.

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. 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.

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.

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.
The denial of certification shall be deemed to be a summary dismissal of the
appeal, and the Clerk of the Supreme Court shall forthwith enter an order
dismissing the appeal, unless the Supreme Court otherwise orders.

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.

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.

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.

2:12A-2. Power to Reformulate
Question.

The Supreme Court may reformulate a question of law
certified to it.

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.

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;

(d) The
names and addresses of counsel of record and all parties appearing without
counsel.

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.

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).

2:12A-7. Disposition.

The Supreme Court shall dispose of the matter
by an opinion or order, as may be appropriate.

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.

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.

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 two 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 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.

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.

RULE 2:14. Removal Of Judges

2:14-1. Institution of
Proceedings

A proceeding for the removal of a judge may be
instituted before the Supreme Court of New Jersey pursuant to N.J.S.A. 2B:2A-1
to 2B:2A-11, by the filing of a complaint with the Clerk of the Supreme Court.
A complaint may be filed only by the Governor, or by either House of the
Legislature acting by a majority of all its members, or by the Supreme Court on
its own motion.

Note: Adopted July 7, 1971 to be
effective September 13, 1971; amended July 6, 1999 to be effective immediately.

2:14-2. Order to Show Cause

On the filing of a complaint, the Supreme
Court shall order the judge to show cause, as provided in the order, why the
judge should not be removed from office and require the filing of an answer
with the Clerk of the Supreme Court within 30 days after being served with a
copy of the order and complaint. Service of the order and complaint shall be
made upon the judge in such manner as directed by the Supreme Court. The
proceedings shall be prosecuted by the Attorney General of New Jersey, the
Attorney General's representative or by an attorney specially designated by the
Supreme Court.

Note: Adopted July 7, 1971 to be
effective September 13, 1971; amended July 13, 1994 to be effective September
1, 1994.

2:14-3.Conduct of Formal
Proceedings

(a) At any formal proceeding pursuant to N.J.S.A. 2B:2A-1
to -11, the judge has the right to be represented by an attorney retained at
the expense of the judge.

(b) All formal proceedings pursuant to N.J.S.A. 2B:2A-1
to -11 shall be recorded by a qualified shorthand reporter, a video recording
device, or a sound recording device. A copy of videotapes or transcripts of the
formal proceeding shall be provided to the judge without charge.

RULE 2:15. Advisory Committee On
Judicial Conduct

2:15-1. Establishment of
Committee

To implement N.J.S.A. 2B:2A-10, providing for
suspension prior to hearing, and to assist otherwise in fulfilling the
administrative responsibilities of the Court, the Court establishes a committee
of this Court to be known as Advisory Committee on Judicial Conduct.

Note: Adopted July 23, 1974, effective
immediately; amended February 3, 1997 to be effective March 1, 1997.

2:15-2. Appointment and
Membership

The Committee shall consist of nine members.
The Court shall designate one member to serve as Chair and another member to
serve as Vice Chair. At least two members shall be retired Justices or Judges
of the Supreme Court or Superior Court, no fewer than three members shall be
members of the Bar, and no more than four members shall be members of the
public who do not hold public office of any nature. Members shall be appointed
by the Supreme Court for a term of three years and may be reappointed for such
additional term or terms as the Court shall determine. Membership on the
Committee shall terminate if a member is appointed or elected to public office
or to any position considered by the Court to be incompatible with such
service. All appointments to fill vacancies shall be for the unexpired term.

Note: Adopted July 23, 1974, effective
immediately; amended July 2, 1984 effective immediately; amended June 28, 1996
to be effective September 1, 1996; amended February 3, 1997 to be effective
March 1, 1997.

2:15-3. Quorum and Hearing
Panels

(a) A quorum shall consist of five members of the
Committee. No action of the Committee shall be valid unless concurred in by a
majority of its membership, provided, however, that if the Committee finds
sufficient cause therefor and recommends to the Supreme Court the institution
of formal proceedings, which may lead to reprimand, censure, suspension, or
removal of a Judge, such recommendation shall be made only on the affirmative
vote of five members of the Committee who have considered the record and at least
three of whom were present at any hearing at which oral testimony was produced.

(b) Whenever the Committee considers it necessary or
expedient to do so, the Chair of the Committee may establish and designate a
three-member panel to conduct any investigation or any hearing contemplated by
these Rules. At the conclusion thereof such panel shall make a report or
recommendation to the Committee, which shall review the report or
recommendation and act thereon as set forth in (a) of this Rule.

Note: Adopted July 23, 1974, effective
immediately; paragraph (b) amended June 28, 1996 to be effective September 1,
1996; paragraphs (a) and (b) amended February 3, 1997 to be effective March 1,
1997.

2:15-4. Administration and
Principal Office

(a) The Administrative Director of the Courts shall be
Executive Secretary of the Committee, and the principal office of the Committee
shall be located at the Richard J. Hughes Justice Complex, Trenton, New Jersey.

(b) The Administrative Office of the Courts shall provide
the Committee with administrative, legal, investigative, and clerical support,
and shall assign a staff member to serve as Secretary to the Committee. The
Secretary shall be responsible for day-to-day coordination of staff support,
under the supervision of the Administrative Director.

(c) All records of the Committee shall be filed and
maintained in such principal office of the Committee. All papers filed with and
proceedings before the Committee shall be confidential except as otherwise
provided in these Rules.

Note: Adopted July 23, 1974, effective
immediately; paragraph (a) amended July 26, 1984 to be effective September 10,
1984; paragraphs (b) and (c) amended February 3, 1997 to be effective March 1,
1997.

2:15-5. Reimbursement

The Committee members shall serve without
compensation, except that they shall be allowed their expenses for travel or
other incidental expenses necessarily incurred in the performance of their
services.

Note: Adopted July 23, 1974, effective
immediately.

2:15-6. Investigations; Service
of Subpoenas and Orders

(a) In the conduct of investigations and hearing
proceedings of any nature, the Committee, the Secretary to the Committee, or
individual members may (1) administer oaths, (2) order the inspection of books
and records, (3) take depositions of necessary witnesses, (4) issue subpoenas
for the attendance of witnesses and for the production of papers, books,
accounts, documents, and testimony, or any other records or material that may
be relevant to any such investigation or formal proceeding.

(b) A respondent may, with the prior approval of the
Supreme Court, take depositions of witnesses who are unavailable to testify
before the Committee.

(c) The Sheriff of the appropriate County or such person
as may be designated by the Committee shall, when necessary in the judgment of
the Committee, serve on the persons involved subpoenas or orders for the taking
of depositions, for the production of items described in subparagraph (a)
above, or for the attendance at investigations and at hearings (formal or
informal).

Note: Adopted July 23, 1974, effective
immediately. Paragraph (a) amended July 22, 1983 to be effective September 12,
1983; paragraph (a) amended, former paragraph (b) amended and redesignated as
paragraph (c), new paragraph (b) adopted February 3, 1997 to be effective March
1, 1997.

2:15-7. Cooperation by Attorneys
and Court Personnel

Attorneys admitted to practice law in this
State, judges, justices, officials, clerks, and other employees of the judicial
system of this State shall cooperate with and give reasonable assistance and
information to the Committee, the Secretary, and any authorized representative
thereof, in connection with any investigations by or proceedings of the
Committee.

Note: Adopted July 23, 1974, effective
immediately; caption and text amended February 3, 1997 to be effective March 1,
1997.

2:15-8. Initial Review by
Committee

(a) The
Committee shall review any written statement, criticism, or grievance that is
directed to the Committee and that contains allegations to the effect that a
judge of the Superior Court, Surrogate's Court, Tax Court, or Municipal Court
is guilty of:

(1)
misconduct in office,

(2)
willful failure to perform judicial duties,

(3)
incompetence,

(4)
intemperate conduct,

(5)
engaging in partisan politics, or

(6)
conduct prejudicial to the administration of justice that brings the judicial
office into disrepute.

(b) The
Committee shall also review allegations that any such judge may be suffering
from a mental or physical disability that interferes with the performance of
judicial duties.

(c) On
referral to the Committee by the Supreme Court, the Committee shall conduct
such review concerning any Justice of the Supreme Court and proceed thereafter
in accordance with these Rules subject to the terms of the referral.

(d) The
Committee may review on its own motion any matters as set forth in (a) above in
the absence of a written statement, criticism, or grievance.

(e) If the
Committee determines that it requires additional information, it shall conduct
a preliminary investigation.

(f) If the
Committee determines that the allegations under review relate to an action or
other matter that is properly the subject of an appeal, or if the Committee
determines that there is not sufficient cause to warrant a preliminary
investigation, it shall dismiss the matter and notify the person who submitted
the statement, criticism, or grievance.

(g) In exceptional
circumstances, the Chair or Vice Chair may authorize the commencement of a
preliminary investigation.

Note: Adopted July 23, 1974, effective
immediately; paragraph (a) amended July 15, 1982 to be effective September 13,
1982; paragraph (a) amended July 26, 1984 to be effective September 10, 1984;
paragraphs (a)(2), (a)(7) and (c) amended July 18, 1990 to be effective
September 4, 1990; caption amended, paragraph (a) amended, paragraph (a)(7)
amended and redesignated as paragraph (b), last sentence of paragraph (a)
amended and redesignated as paragraph (c), former paragraph (b) amended and
redesignated as paragraph (d), paragraph (c) amended and redesignated as
paragraph (f), paragraphs (e) and (g) adopted February 3, 1997 to be effective
March 1, 1997.

2:15-9. Preliminary
Investigation; Disclosure to Judge

In the course of its preliminary
investigation, the Committee, in its discretion, may inform the judge of the
allegations and of the identity of the person who is the source of the
allegations and may request the judge to submit a written response to the
allegations or to be interviewed or deposed by the Committee or by such person
or persons as the Committee may designate.

Note: Adopted July 23, 1974, effective
immediately; amended July 13, 1994 to be effective September 1, 1994; caption
and text amended February 3, 1997 to be effective March 1, 1997.

2:15-10. Action on Completion of
Preliminary Investigation

On completion of its preliminary
investigation, the Committee may:

(a) if it finds that the allegations are without merit,
dismiss them and so inform the person who brought the allegations before the
Committee, as well as the judge if the Committee so desires; or

(b) initiate formal proceedings pursuant to Rule 2:15-12;
or

(c) if it finds conduct by the judge that does not
constitute conduct for which there is probable cause that public discipline
should be imposed but that is conduct of the type set forth in Rule 2:15-8(a)
or other conduct that would reflect unfavorably on the judicial office if it
were to become habitual or more substantial in character,

(1)
communicate to the judge its private censure,
reprimand, admonition, caution, or guidance concerning the conduct in question
and so notify the person who brought the allegations before the Committee, with
a copy of the communication being sent to the judge's Assignment Judge or, if
applicable, the Presiding Judge of the Tax Court or the Presiding Judge for
Administration of the Appellate Division. In the exercise of his or her discretion,
an Assignment Judge may forward a copy of the communication to the judge's
Superior Court or Municipal Court Presiding Judge, as may be applicable; or

(2)
require the judge to appear for an informal
conference pursuant to Rule 2:15-11.

Note: Adopted July 23, 1974, effective
immediately; paragraphs (b) and (c) amended July 13, 1994 to be effective
September 1, 1994; caption and text of former Rule 2:15-10 deleted and new
caption and text adopted February 3, 1997 to be effective March 1, 1997; subparagraph
(c)(1) amended July 27, 2006 to be effective September 1, 2006.

2:15-11. Informal Conference

At any time while a matter is pending before
it, the Committee may conduct an informal conference with the judge and, in the
discretion of the Committee, with the grievant.

(a) At an informal conference, the judge has the right to
be represented by an attorney retained at the expense of the judge.

(b) All informal conferences shall be recorded by a
qualified shorthand reporter, a video recording device, or a sound recording
device. The Committee shall, on request, provide to the judge without charge a
copy of any videotape that is made or transcript if one is prepared.

(c) If, after holding an informal conference with a
judge, the Committee is satisfied that further proceedings are not warranted,
the Committee shall dispose of the matter consistent with Rule 2:15-10(a) or
(c).

(d) If, after holding an informal conference with a
judge, the Committee determines that further proceedings are warranted, the
Committee shall institute formal proceedings pursuant to Rule 2:15-12.

Note: Adopted July 23, 1974, effective
immediately; paragraph (e) deleted and caption amended July 22, 1983 to be
effective September 12, 1983; paragraph (c) amended July 13, 1994 to be
effective September 1, 1994; caption and introductory text amended, paragraphs
(a), (b) and (c) deleted and new paragraphs (a), (c) and (d) adopted, and
paragraph (d) amended and redesignated as paragraph (b) February 3, 1997 to be
effective March 1, 1997.

2:15-12. Institution of Formal
Proceedings Before the Committee

(a) Whenever the Committee concludes from its preliminary
investigation that probable cause exists for the imposition of public
discipline, the Committee shall issue a formal complaint and shall serve it on
the judge.

(b) The formal complaint shall issue over the signature
of the Secretary to the Committee and shall give notice to the judge of the
specific nature of the charges and of such facts as are then known to the
Committee on which the charges are based.

(c) Within twenty days of service of the formal complaint
on the judge, the judge shall file an answer to the charges with the Committee
at its principal office. For good cause, the Committee may extend the time
within which the judge may file an answer.

(d) After receiving the judge's answer or after the
expiration of the time within which an answer is due, the Committee shall
schedule a formal hearing and shall immediately notify the judge of the time
and place at which the hearing will be held.

Note: Adopted July 23, 1974, effective
immediately; amended July 22, 1983 to be effective September 12, 1983; amended
July 13, 1994 to be effective September 1, 1994; caption amended, text of
former Rule 2:15-12 amended and incorporated into paragraphs (a) and (b) of
Rule 2:15-15, and new paragraphs (a), (b), (c) and (d) adopted February 3, 1997
to be effective March 1, 1997.

2:15-13. Discovery

(a) Subsequent to the filing of an answer by the judge,
the Committee shall make available to the judge all of the factual information
in the Committee's file that is related to the complaint.

(b) The Committee may request and shall thereupon receive
reciprocal discovery from the judge.

Note: Adopted July 23, 1974, effective
immediately; amended July 24, 1978 to be effective September 11, 1978; amended
July 13, 1994 to be effective September 1, 1994; caption deleted and new
caption adopted, text of former Rule 2:15-13 amended and incorporated into Rule
2:15-16, and new paragraphs (a) and (b) adopted February 3, 1997 to be
effective March 1, 1997.

2:15-14. Conduct of Formal
Hearing

(a) At a formal hearing, the judge has the right to be represented
by an attorney retained at the expense of the judge.

(b) All testimony taken at a formal hearing shall be
under oath.

(c) All formal hearings shall be recorded by a qualified
shorthand reporter, a video recording device, or a sound recording device. The
Committee shall provide a copy of any videotapes or transcripts to the judge
without charge.

(d) The Secretary, or such other attorney as may be
designated by the Committee, shall present to the Committee the evidence
supporting the charges concerning the judge. The judge or the judge's attorney
shall present any evidence in defense or explanation of the charges. No other
person, except the members of the Committee, shall participate in a formal
hearing other than as a witness giving testimony under oath.

(e) The Rules of Evidence are not binding on the
Committee.

(f) If the judge refuses to testify at the hearing, the
Committee may draw any reasonable inference, under the circumstances of the
matter, from such refusal to testify.

(g) At the conclusion of the formal hearing, the Committee
may provide for post-hearing briefs.

(h) At the conclusion of a formal hearing, with proper
notice to the judge, the Committee may order that the charges set forth in the
formal complaint be amended to conform to the proofs presented at the hearing.

Note: Adopted July 23, 1974, effective
immediately; amended July 22, 1983 to be effective September 12, 1983; caption
deleted and new caption adopted, text of former Rule 2:15-14 amended and
incorporated into Rule 2:15-17, and new paragraphs (a) through (h) adopted
February 3, 1997 to be effective March 1, 1997.

2:15-15. Decision of the
Committee; Transmittal of the Record

(a) If the Committee determines after a formal hearing
that the charges against the judge have been proved by clear and convincing
evidence and that a recommendation should be made to the Supreme Court for
public reprimand, censure, suspension, or removal, it shall promptly file with
the Clerk of the Supreme Court a Presentment setting forth its findings and its
recommendation.

(b) If the Committee determines after a formal hearing
that the charges against the judge have not been proved by clear and convincing
evidence or that the conduct does not warrant a recommendation for public reprimand,
censure, suspension, or removal by the Supreme Court, it shall recommend to the
Supreme Court the dismissal of the complaint with or without private
discipline.

(c) When filing the Committee's decisions pursuant to this
Rule, the Secretary shall certify the record before the Committee and shall
file copies thereof with the Court. In addition, the Secretary shall forthwith
serve on the judge and the grievant notice of its action and two copies of its
decision and of the certification of the Committee's record as filed with the
Supreme Court.

Note: Adopted July 23, 1974, effective
immediately; amended July 13, 1994 to be effective September 1, 1994; caption
deleted and new caption adopted, text of former Rule 2:15-15 amended and
incorporated into paragraph (a) of Rule 2:15-17, text of former Rule 2:15-12
amended and incorporated into Rule 2:15-15 as paragraphs (a) and (c) and new
paragraph (b) adopted February 3, 1997 to be effective March 1, 1997.

2:15-16. Motion by Judge

Within seven days of the receipt of notice of
a Presentment by the Committee, the judge may move in writing before the
Supreme Court, on ten days' notice to the Committee and to the Attorney
General, or to such other attorney as may be designated to prosecute the matter
pursuant to Rule 2:15-18, for an order dismissing or modifying the
recommendation set forth in the Committee's Presentment.

Note: Adopted July 23, 1974, effective
immediately; caption deleted and new caption adopted, text of former Rule
2:15-16 amended and incorporated into paragraph (b) of Rule 2:15-22, text of
former Rule 2:15-13 amended and incorporated into Rule 2:15-16 February 3, 1997
to be effective March 1, 1997.

2:15-17. Action by the Supreme
Court

(a)
Temporary Suspension. The Supreme Court may
order the immediate temporary suspension of a judge of the Superior Court, Tax
Court, Municipal Court, or Surrogate's Court, with or without pay, from his or
her judicial office or from the exercise of his or her judicial duties if the
Court finds probable cause to conclude that the judge has violated the Code of
Judicial Conduct, case law, or other authority and that the judge's continued
service while proceedings are pending before the Committee poses a substantial
threat of serious harm to the administration of justice.

(b)
Presentments. On review of a
Presentment the Supreme Court shall:

(1) issue or order issued a complaint for removal
pursuant to Rule 2:14-1; or

(2) require the judge to show cause why a sanction less
than removal should not be imposed.

Note: Adopted July 23, 1974, effective
immediately; caption deleted and new caption adopted, text of former Rule
2:15-17 amended and incorporated into Rule 2:15-21, text of former Rule 2:15-14
amended and incorporated into Rule 2:15-17 February 3, 1997 to be effective
March 1, 1997; new paragraph (a) adopted and existing text of the Rule amended
and designated as paragraph (b) July 12, 2002 to be effective September 3,
2002.

2:15-18. Prosecution of Removal
Proceedings and of Other Proceedings Before the Supreme Court

(a) All phases of removal proceedings held pursuant to
N.J.S.A. 2B:2A-1 to -10 shall be prosecuted by the Attorney General or a
representative of the Attorney General unless the Court shall specially
designate an attorney for such purpose (see N.J.S.A. 2B:2A-4).

(b) All proceedings in matters other than removal
proceedings shall be prosecuted by the Secretary to the Committee or by such
other attorney as the Committee may designate for such purpose.

Note: Adopted July 16, 1981 to be
effective September 14, 1981; amended July 13, 1994 to be effective September
1, 1994; caption deleted and new caption adopted, text of former Rule 2:15-18
amended and incorporated into paragraph (a) of Rule 2:15-23, text of former
Rule 2:15-15 amended and incorporated into paragraph (a) of Rule 2:15-18, new
paragraph (b) adopted February 3, 1997 to be effective March 1, 1997.

2:15-19. Challenges to the
Proceedings

Constitutional challenges to the proceedings
shall be raised in response to notice received under Rules 2:15-9, 2:15-10,
2:15-11, or 2:15-12. They shall be preserved pending Supreme Court review of
the matter on the merits.

Interlocutory relief may be had only to
prevent irreparable injury. Motion papers shall conform to Rule 2:8-1. If leave
to appeal is granted, the record below may, in the discretion of the Court, be
supplemented by the filing of briefs and oral argument.

Note: Adopted July 16, 1981 to be
effective September 14, 1981; amended February 3, 1997 to be effective March 1,
1997.

2:15-20. Confidentiality

(a) Except as provided in paragraphs (b) and (c) below and
in Rule 2:15-25 (Referral for Administrative Action), the record before the
Committee shall be confidential and shall not be available to any person except
in the proper discharge of official duties. In all circumstances, prehearing
conferences, deliberations of the Committee, and information subject to a
protective order shall remain confidential.

(b) If the Committee files a formal complaint against the
judge, the complaint and all further proceedings thereon shall be public except
that the Committee may apply to the Supreme Court for permission to retain
confidentiality in a matter involving special circumstances, such as when the
Committee determines that the privacy interests of a witness or other person
connected with the matter outweigh the public interest in the matter.

(c) If a judge who is the subject of a grievance requests
it, the charge, the proceeding of the Committee thereon, and the action of the
Committee with respect to the charge shall be made public.

Note: Adopted July 22, 1983 to be
effective September 12, 1983; amended July 13, 1994 to be effective September
1, 1994; text amended and redesignated as paragraphs (a) and (c), paragraph (b)
adopted February 3, 1997 to be effective March 1, 1997.

2:15-21. Costs

No award of costs shall be made in any
proceeding before the Committee or the Supreme Court unless specifically
ordered by the Supreme Court for good cause shown.

Note: Former Rule 2:15-17 amended and
redesignated as Rule 2:15-21 February 3, 1997 to be effective March 1, 1997.

2:15-22. Immunity From Suit

(a) The
members and staff of the Committee shall be absolutely immune from suit,
whether legal or equitable in nature, for any conduct in the performance of
their official duties.

(b)
Witnesses and persons who bring to the Committee allegations concerning a judge
shall be absolutely immune from suit, whether legal or equitable in nature, for
all communications to the Committee or to its staff and for any testimony given
at proceedings before the Committee, a three-judge panel, or the Supreme Court.
This immunity shall not extend to any other publication or communication of
such information.

Note: Paragraph (a) adopted and text of
former Rule 2:15-16 amended and incorporated as paragraph (b) February 3, 1997
to be effective March 1, 1997.

2:15-23. Effect of Retirement,
Resignation, or Failure of Reappointment

(a) Although a judge retires, resigns from office, or is
not reappointed, the Committee may consider a matter involving that judge's
activities or conduct while a judge and may in its discretion (i) proceed with
the matter in accordance with these Rules, or (ii) refer its file to the
appropriate District Ethics Committee for handling pursuant to Rule 1:20, or
(iii) take both actions.

(b) The Committee shall have jurisdiction to review the
conduct of any judge who is retired and serving on recall.

Note: Text of former Rule 2:15-18
amended and incorporated as paragraph (a), paragraph (b) adopted February 3,
1997 to be effective March 1, 1997.

2:15-24. Disqualification of
Judge

The filing of allegations concerning a judge
shall not automatically require the judge's recusal from a matter involving the
grievant.

Note: Adopted February 3, 1997 to be
effective March 1, 1997.

2:15-25. Referral for
Administrative Action

Whenever the Committee determines that any or
all of the allegations it has received are more properly the subject of
administrative remedy or other administrative action, it may refer such
allegations to the Administrative Office of the Courts and may so notify the
person making the allegations.

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