In New Jersey, if you are filing an interlocutory appeal, it is important to understand when you are required to seek permission to appeal and when you have an appeal as of right. The jurisdiction of the New Jersey Superior Court, Appellate Division and the Supreme Court of New Jersey is limited on interlocutory issues. Procedures are set forth in the Rules of Court.
If you seek to appeal an interlocutory ruling to the Appellate Division, 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).
What is an interlocutory appeal? Click on the "Interlocutory Appeal" tab in the upper right corner of this page.
What is the standard that one must meet for the Appellate Division to grant a motion for leave to file an interlocutory appeal? Court Rule 2:2-4 provides that a motion for leave to file an interlocutory appeal will be granted only in the interest of justice. For more information on what satissfies the interest of justice standard, click on "Interest of Justice" tab.
If you are interested in time periods associated with interlocutory appeals, click on the "Time Periods" tab.
Are there page limits for your brief in support of a motion for leave to file an interlocutory appeal, or in opposition to a motion for leave to file an interlocutory appeal? Click on "Motion Page Limits".
Stay tuned, as more information on interlocutory appeals will be posted shortly.
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