In New Jersey, our court system is set up as a hierarchy. At the lowest level are the Municipal Courts. Above them are the Trial Courts (the Superior Court), then the Appellate Division, and at the top of the pyramid, the New Jersey Supreme Court. For example, a municipal court case can be appealed to the Trial Court. A Trial Court decision is appealable to the Appellate Division, and the Appellate Division, under certain circumstances, is appealable to the New Jersey Supreme Court. Final decisions of state administrative agencies are appealed directly to the Appellate Division.
What’s an Appeal, and What Is So Appealing About an Appeal?
The purpose of an appeal is to determine whether an error occurred at the lower court level, and whether that error requires reversal or other action by the court hearing the appeal. Appeals are based on an error, either of fact or of law. Not liking a decision does not automatically make it worthy of an appeal. If there is no error, or the error is harmless, then whether we like the decision or not is irrelevant; it will very likely be upheld on appeal.
An appeal is not an opportunity to redo your case. It is not “another bite at the apple.” It is an application to the next higher court that a mistake of some kind was made that needs to be reviewed. Keep in mind, the court handling the appeal is not re-hearing the case. Its job is to review the proceedings below and determine whether an error occurred and whether it needs to be corrected.
Seems Simple, Doesn’t It? Not So Fast.
Appeals are complicated. Not only does there have to be an error that warrants review, there are time limits and other restrictions that affect appellate practice. If you are planning to take an appeal to the New Jersey Appellate Division (or the New Jersey Supreme Court), there are very specific Rules that apply.
For example, some appeals can be taken as a matter of “right,” meaning the case has been completed and a Final Order has been entered, so a Notice of Appeal can be filed with the Appellate Division. In other instances, no Final Order has been entered, and leave to appeal (permission to even apply to appeal) must be obtained first. Those are called interlocutory appeals.
How the Appeal Process Works
Once the Final Order has been entered, or leave to appeal has been granted if it is not a Final Order, the Notice of Appeal and Case Information Statement must be filed. Once they are accepted, a Notice of Docketing is issued and a briefing schedule is set. After all of the briefs are submitted, the Appellate Division will consider the case. If oral argument has been requested, the case will eventually be listed for oral argument before an Appellate panel, usually two to three judges. Following oral argument, the panel confers and issues a written decision.
All of This Takes Time
Appeals (unless accepted as emergent) take time to unfold, often several months and sometimes years. It is a slow process. There is no instant decision. The panel does not, in perfect synchrony, bang their gavels and yell “You’ve been WRONGED!” No, they read all the briefs. They read all the transcripts. They listen carefully to the arguments. Then they give thoughtful deliberation to whether an error has occurred and what, if anything, needs to be done about it.
Even then, the decision could call for a remand, meaning the case is sent back to the lower court to do something further, such as hold additional proceedings, supplement its findings, or follow some other instruction from the Appellate Division.
Is an Appeal Right for You?
It is not uncommon for someone who receives a decision they don’t love to want to appeal. Sometimes an appeal is exactly the right course of action. Other times it isn’t. Before taking the leap, it’s important to consider all of your options, including a motion for reconsideration or other post-judgment relief. Learn more on our family law appeals page.
Julie R. Burick, Esq. is a shareholder at Adinolfi Roberto & Burick, PA, and is Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney. She has significant experience assisting clients with appeals and understands the complex issues and requirements for filing with the Appellate Division. If you think your case may require an appeal, time is of the essence. Call 856-428-8334 or contact our Mount Laurel office to schedule a confidential consultation.
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