Your source for a New Jersey appeal and appellate practice by New Jersey appeal lawyer Jeff Mandel (author, New Jersey Appellate Practice)
Email Jeff Mandel at email@example.com to inquire about a New Jersey appeal lawyer. Nothing on this website is meant to be legal advice and no legal advice will be given absent a signed retainer agreement. The content is for informational purposes only. There is a lot more to a New Jersey appeal than what you see here- and court rules that must be followed. If seeking a New Jersey appeal attorney or a New Jersey appeal law firm, contact the Appellate Practice Group at The Law Offices of Jeffrey S Mandel LLC at firstname.lastname@example.org.
New Jersey Appeals
New Jersey appeal:
Jeff Mandel's book from last year
(New Jersey Appellate Practice)
In New Jersey, if you are filing an 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 dictated by the New Jersey Constitution. Procedures are set forth in the Rules of Court.
If you seek to appeal to the Supreme Court of New Jersey, you have a right to appeal only:
(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; and
(4) in such cases as are provided by law.
As for death penalty appeals, please note that New Jersey no longer has the death penalty.
If you seek to appeal to the Appellate Division, the right to appeal is broader. Absent a few exceptions, you have an absolute right to appeal a final decision from the Superior Court trial division, or from a final decision of a Superior Court judge sitting as a statutory agent. This includes decisions from a judge of the Tax Court. This usually forecloses appeals from the Municipal Court because those appeals are generally to the Law Division. You also have a right to appeal from 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. There are limited exceptions set forth in the Rules of Court.
All appeals as of right for all New Jersey appeals must arise out of a final determination of the court below.