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NJ Appellate Pro Se Kit
NJ Appellate Pro Se Kit
APPELLATE DIVISION
JOSEPH H. ORLANDO
CLERK
JOHN K. GRANT
DEPUTY CLERK
JACK G. TRUBENBACH
CHIEF COUNSEL
RICHARD J. HUGHES JUSTICE COMPLEX P.O. BOX 006 TRENTON, NEW JERSEY 08625-0006 (609) 292-4822
This pro se kit is being sent to you in response to your recent request. It contains the following items. (1) This cover letter; (2) Appellate Division Practice Checklist; (3) Instructions for completing the forms; (4) Notice of Appeal form; (5) Prescribed Transcript Request form; (6) Civil Case Information Statement form; (7) Criminal Case Information Statement form; (8) Notice of Motion form; and (9) Certified Statement in Support of Motion for Leave to Proceed as an Indigent form The Appellate Division may not take any action in a case until it has obtained jurisdiction in the matter. With few exceptions, the Appellate Division does not have jurisdiction unless a notice of appeal or a motion for leave to appeal has been filed. Instructions for filing either a notice of appeal or a motion for leave to appeal can be found in the enclosed material and in the Rules Governing the Courts of the State of New Jersey (the Court Rules). Before you begin completing the enclosed forms, please carefully read this letter and the material enclosed. We suggest that when reviewing the Appellate Division Practice Checklist, you note especially the time limits for serving and filing documents and how these time limits apply to your case. While this pro se kit is not intended to be a comprehensive guide to practice and procedures in the Appellate Division, you should find the information and forms contained herein helpful in the preparation of the documents that you will need in order to proceed with an appeal. You may want to consider obtaining the assistance of an attorney, since an appeal can be a complex legal proceeding. Even if you find that completing the enclosed forms is not a difficult task, you should be aware that the level of assistance that the Clerk's office has provided to you through these detailed instructions does not continue throughout the course of your appeal. The Clerk's office cannot assist you with the legal research that you may need before you can begin writing your appellate brief; nor assist you with assembling the documents that you will need for the appendix; nor assist you with drafting your procedural history, statement of facts, and legal arguments that will be required in your appellate brief. The assistance of the Clerk's office, to attorneys and to pro se litigants alike, is limited to procedural matters, i.e., information concerning the Court Rules and practice and procedure. This office cannot provide any assistance or legal advice as to the issues, arguments or merits of an appeal.
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If you cannot afford to pay for an attorney in a civil matter, you may be able to obtain legal assistance from the Legal Aid office in your county. If your appeal is from a criminal conviction after a trial or guilty plea in the Superior Court of New Jersey, Law Division, and you cannot afford an attorney, you should contact the Appellate Section of the Office of the Public Defender of the State of New Jersey at (973) 877-1200. You may also make a motion for assignment of counsel, which is discussed below. Please be advised that Court Rule 1:21-1(c) provides that a business entity, other than a sole proprietor, cannot file any papers in the Appellate Division except through an attorney authorized to practice in New Jersey. A final judgment, order or decision is one that decides all issues as to all parties. In such instances, an appeal may be filed as of right by the filing of a notice of appeal and appropriate accompanying documents. If, on the other hand, all issues as to all parties are not decided in the case and you wish to proceed with an appeal, you must request permission from the Appellate Division by way of a motion. This type of case is brought before the Appellate Division by filing a motion for leave to appeal and appropriate accompanying documents. These are known as interlocutory appeals. The distinction between appeals as of right from final judgments, orders and decisions and motions for leave to appeal from judgments, orders and decisions that are not final is discussed more fully in the Appellate Division Practice Checklist. A $200 filing fee is required when filing a notice of appeal, and a $30 filing fee is required when filing a motion for leave to appeal. Once an appellant has paid the filing fee, there is no fee required for filing a motion while the appeal is open. Please note, however, that any motion made after a case is closed must be accompanied by a $30 filing fee. If you were granted indigent status in the trial court proceedings, that status can continue in the Appellate Division for the waiver of filing fees if a copy of the order is submitted along with "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." Court Rule 2:7-4. Indigent status would apply only to filing fees, unless the order specifically directs free transcripts on appeal to the Appellate Division. If you have not been granted indigent status and cannot afford the filing fees, a motion to proceed as an indigent should be submitted. There is no filing fee for this motion or any other motion accompanying this motion. All motions to proceed as an indigent should include an original and four copies of a notice of motion and the enclosed certified statement in support of the motion. Additionally, five copies of the trial court judgment or order or agency decision being appealed should be submitted. In addition, if you are appealing a final judgment, order or decision, a deposit for transcripts in the amount of $500 for each day or fraction of a day of trial or hearing is to be paid, pursuant to Court Rule 2:5-3. This fee is paid to the court reporter that was present at the proceedings in question or, in the case of sound recorded proceedings, to the clerk of the court or agency in which those proceedings took place. If you cannot afford this deposit, a motion for free transcripts may be filed either in the trial court or in the Appellate Division. If filed in the trial court, a copy of the motion papers should be submitted with the appeal you are filing here. If the motion for free transcripts is filed in the Appellate Division,
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the motion must conform to Court Rule 2:8-1. While the court's determination whether to grant free transcripts is distinct from its determination on a motion for leave to proceed as an indigent, a certification setting forth your financial status, income and any property owned should likewise accompany any motion for free transcripts. A motion for free transcripts should be served upon the party (or office) that may be required to pay for the transcript in question. In civil appeals, non-indictable or quasi-criminal appeals, this generally means the county counsel for the county out of which the matter arises must be served with the motion. In indictable criminal appeals, the Office of the Public Defender, Appellate Section, 31 Clinton Street, P.O. Box 46003, Newark, New Jersey 07101, should be served with the motion. If you desire representation by counsel in the appeal, you may make a motion for assignment of counsel, which may be submitted in conjunction with any or all of the above motions. Please be aware, however, that if the matter is civil in nature, the court does not usually grant free transcripts or assignment of counsel. Note too, that the motions discussed herein are filed pursuant to Court Rule 2:8-1 and should be filed simultaneously with your notice of appeal or motion for leave to appeal. In closing, although we have provided you with an Appellate Division Practice Checklist, please bear in mind that during the course of your appeal, it will very likely become necessary for you to consult the full text of the Court Rules and the cases construing the Court Rules. Copies of the Court Rules are available in the State Library in Trenton, in the law libraries in the county courthouses, and at some county and municipal public libraries throughout the State. If, after consulting the materials provided in this pro se kit and the Court Rules, you still have questions concerning Appellate Division practice and procedure, you may contact this office for assistance. JOSEPH H. ORLANDO CLERK Enclosures
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Appellate Division Practice Checklist Introduction This checklist is not intended to be a comprehensive guide to appellate practice. For that, you should consult the Rules Governing the Courts of the State of New Jersey (the Court Rules) when pursuing an appeal. This checklist provides some assistance and is intended to serve as a practical guide on rule requirements most frequently questioned by pro se litigants. It also offers suggestions as to some matters not specifically addressed by the Court Rules. Included in this checklist and elsewhere in the pro se kit are instructions and suggestions pertaining to various documents that must be filed with the Appellate Division in the course of pursuing your appeal. You are not required to file these documents all at the start of the process. For example, if you are an appellant and ordered a transcript, you may not receive it for several weeks, following which you have 45 days to file your brief. Indeed, it is likely to be over a year before you receive an Appellate Division decision on your appeal. Initiating the Appeal 1. Appeals (or motions for leave to appeal, addressed below) are generally taken from judgments or orders signed by the trial judge and filed with the trial court. You cannot take an appeal from an opinion, even if written, or from an oral decision. Before filing an appeal, ensure that the trial judge's determination is reduced to a signed judgment or order and filed with the trial court. You have 45 days from the date of filing to appeal that judgment or order. In the case of a jury verdict or in a Special Civil Part case, the judgment or order may be entered on the docket sheet when the decision is rendered. In those instances, a photocopy of the docket sheet would suffice. 2. You have a right to appeal the final judgment or order of a trial court or decision of a State administrative agency. A judgment, order or decision is considered to be final when it disposes of everything before the court or agency. If there are no further issues to be resolved below, you should file a notice of appeal. You have 45 days from the date the judgment or order is filed to appeal. In agency matters, you generally have 45 days from the date of service of the decision. If you are beyond the 45 days, you may file a motion asking the court to permit you to file the appeal out of time. 3. If all issues as to all parties are not closed out at trial, the judgment, order or decision is interlocutory. In such instances, you may not file a notice of appeal. You would need to make a motion for leave to appeal, asking the court to consider the matter before it is final. That motion must be filed within 20 days after the date of service of such order or decision and must be accompanied by a brief outlining the facts and legal arguments for the court and giving reasons why they should be addressed at this time. With motions for leave to appeal, the court may exercise the option of granting leave to appeal and deciding the matter at the same time. For that reason, you should raise any supporting argument on the merits at the same time, while staying within the 25page limit for the motion brief. 4. Occasionally, it is difficult to determine whether a judgment, order or decision is final or interlocutory. In such an event, you might consider filing both a notice of appeal and motion for leave to appeal. In the motion papers, you can explain the problem and ask the court if it deems the matter to be interlocutory, that you be granted leave to appeal. 5. In a few instances, a trial judge may certify an order as final although there are other issues to be resolved at trial. In that case, you should file a notice of appeal and not a motion for leave to appeal.
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Appellate Division Practice Checklist 6. As the accompanying notice of appeal indicates, if the proceedings below were transcribed or recorded, you must order a copy of the transcript. If you believe that the entire transcript is not necessary, you can either get your adversary to agree to abbreviate the transcript or move before the trial court or agency to abbreviate. To order a transcript, you should contact the county supervisor of court reporters, the court clerk or agency regarding cost, amount required as a deposit, etc. If the transcript is not ordered, you will be cited for a deficiency, which will result in delays in processing your appeal. If there is a transcript and you already have a copy, you need not order another copy. Simply certify on the notice of appeal that you have a copy in your possession. (See instructions for completing notice of appeal.) 7. Your notice of appeal or motion for leave to appeal must be accompanied by the required filing fee. Without it, your appeal or motion will be rejected. If you cannot afford the fee, you should send a motion to proceed as an indigent. In that motion, you should explain your circumstances to the court, which, at its discretion, may waive the fee. In addition, in civil matters the Court Rules require that within 30 days of filing your appeal, you should make a $300.00 deposit for costs. These fee requirements do not apply if you are appealing a Board of Review decision or if you were declared indigent by the trial court and you can certify that your circumstances have not changed. 8. The filing of a notice of appeal does not automatically stay the judgment, order or decision that you are appealing. To secure a stay pending appeal, you should move before the trial court or agency for that stay. If it is denied, you may repeat the motion to the Appellate Division. 9. The filing of a motion for leave to appeal does not automatically stay the proceedings in the trial court or agency. A motion for stay must be made to the court or agency and if denied, to the Appellate Division. Form of Appellate Division Documents The Court Rules prescribe the form and manner of preparation of documents. Some of the most common deficiencies in this regard are the following: (a) Illegibility, particularly of appendices and exhibits. (b) Absence of firm covers of the proper color, not glassine, on front and back of briefs and appendices. Frequent handling during the appeal process may cause loss of cover or of pages at front or end of brief if firm covers are not used or if not firmly fastened. For merits briefs, white covers are required for appellant's brief, blue covers for respondent's brief and buff covers for an appellant's reply brief. On a motion, the movant's brief covers should be white and the brief of any responding party should be blue. (c) Insecure or improper stapling or fastening of papers. Stapling or fastening should be along the left margin or upper left-hand corner. (d) Briefs not typed. The court considers hand written briefs to be unacceptable. (e) Failure of pro se litigant to provide name, address and daytime telephone number. Time for Serving and Filing Transcript, Briefs and Appendices
Revised 01/03/2011, CN 10837-English (Appellate Pro Se Kit) Revised 06/2005, CN 10834-English (Appellate Division Practice Checklist)
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Appellate Division Practice Checklist 1. The court reporter or transcribing agency provides the Appellate Division with a copy of the transcript. The appellant must provide the remaining three copies and must provide one copy to any one respondent, to be shared by all the respondents. This should be done within 10 days of receipt of the complete transcript, but no later than at the time of filing the appellant's brief. 2. Pursuant to the Court Rules, the appellant shall serve and file a brief and appendix as follows: (a) Within 45 days after the delivery of the transcript, if a verbatim record was made of the proceedings below. (b) If the transcript was delivered prior to the filing of the notice of appeal or if no verbatim record was made of the proceedings below, within 45 days of the filing of the appeal. (c) On an appeal from a State administrative agency, within the time stated above, or within 45 days after the Attorney General serves and files the statement of the items comprising the record on appeal, whichever is later. 3. A respondent shall serve and file a brief and appendix, if any, within 30 days after receiving the appellant's brief and appendix. 4. The appellant may serve and file a reply brief within 10 days after receiving the respondent's brief. 5. If a cross-appeal has been filed, the briefing schedule is similar, except that the appellant has 30 days to file a brief in response to the cross-appeal and the respondent cross-appellant has 10 days to file a reply. 6. In spite of the time provisions stated above, the court may enter a separate scheduling order. If it does, those time limits shall be the ones that must be adhered to. 7. Each party should file five copies of its brief and appendix with the Clerk's office and serve two copies on each of the other parties. A proof of service should be filed with the Clerk's office. Contents of Brief and Appendix 1. Where the brief and appendix are bound together, there shall be a single table of contents for both. If the appendix is bound separately, the brief and appendix shall have separate tables of contents. The table of contents as to the brief shall include the point headings of the arguments raised in the brief. The table of contents as to the appendix shall indicate the first page of each document in the appendix. 2. You should enter the filing date of each document in the appendix at the head of the page. Filing dates are frequently material to the resolution of issues on appeal. Drafts of documents should not be used for the appendix but only copies of documents or exhibits that were actually provided to the trial court or agency. 3. The appendix should contain all the relevant documents essential for a proper consideration of the issues on appeal. It must contain both the judgment or order appealed from and the opinion or statement of findings and conclusions of the trial judge. If the opinion or findings and conclusions were delivered orally, it may be submitted to the court through the trial transcript. The Appellate Division judges are interested in seeing the trial court opinion or statement of findings and
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Appellate Division Practice Checklist conclusions early in their examination of the record. Its location in the record should be prominently identified both in the appendix table of contents and the procedural history in the brief. If the opinion was published, the citation should be given, by supplemental letter if necessary. 4. The appendix should also contain any pretrial order, the complaint, answers and a copy of the notice of appeal. If the judgment or order being appealed is the result of a motion, the appendix should contain the motion papers. 5. Where the exhibits are of such size or volume as to prohibit the reproduction in the appendix, a party should submit a letter to the Clerk's office, with a copy to the adversary, itemizing and identifying the exhibits, including the approximate size and bulk of each. At the appropriate time, the court will direct the Clerk's office to advise the party if they desire to see these exhibits and when and where to deliver them. 6. If the appendix is bulky or lengthy, it is preferable for the convenience of the judges that it be bound separately from the brief. No more than 200 sheets may be included in a volume. The pages of the appendix shall be numbered consecutively followed by the letter "a" (e.g. 1a, 2a, etc.). 7. The page limits for briefs must be strictly observed. Initial briefs of the parties shall not exceed 65 pages. Reply briefs shall not exceed 20 pages. Respondent/cross-appellant's brief filed pursuant to R. 2:6-2(d) shall not exceed 90 pages. Appellant/cross-respondent's brief pursuant to R. 2:6-4(e) shall not exceed 65 pages. 8. The procedural history in the brief should be succinct and should cross-reference the pleadings and rulings in the appendix. It should not be a mere recitation of events. For example, it is not sufficient to say: On January 5, 1995 the plaintiff filed a complaint, on January 20, 1995 the defendant filed an answer and counterclaim, and on March 6, 1995 the court granted summary judgment dismissing the complaint and in favor of the defendant on the counterclaim. First, provide the court some idea of the nature of the cause of action stated in the complaint, of the defenses raised in the answer, etc. Next to each document referred to, point the court to the page of the appendix where that document is located. Avoid raising your arguments in the procedural history or the statement of facts (discussed below). 9. It is improper to refer in the brief to any fact or evidence that was not part of the record in the trial court or agency or to include any such material in the appendix. If a party deems it essential in the interest of justice to bring to the attention of the Appellate Division any material not part of the record below, the proper course is a motion to supplement the record or to remand to the trial court or agency for taking of additional evidence. 10. The statement of facts in the brief should be in the form of a narrative, chronologically summarizing all pertinent facts of the case. It should not be a summary of all of the evidence given, witness by witness, in the trial. Each significant fact stated should be supported by a cross-reference to the appendix and/or transcript. Remember to avoid raising any arguments in the statement of facts. Do so under the appropriate point heading in the brief. 11. A separate point heading should be developed for each legal argument raised in the brief. Each argument may be supported by citing cases, statutes, Court Rules and other authorities. Each point
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Appellate Division Practice Checklist of argument of a brief should be confined to discussion of that point and not intermingled with argument of other points. 12. In addition to the aforesaid, the brief may include an optional preliminary statement, not to exceed three pages, providing a concise overview of the case. 13. If you cite cases to support your argument, follow the requirements of specifying the court and year of each case cited. 14. All citations and quotations should be checked for accuracy before filing the brief. 15. The brief must be typed on 8 1/2" x 11" paper and shall contain no more than 26 double spaced lines, of no more than 65 characters, including spaces. Motions Generally 1. Motions are generally considered on the motion papers, without oral argument. If oral argument is desired, it should be requested in the notice of motion. However, the court very rarely permits oral argument on motions. 2. When filing a motion, you should fulfill the following requirements: (a) A notice of motion setting forth the specific relief that you are seeking from the court. (b) A supporting brief in which you outline the case for the court and present your reasons for seeking the relief contained in the motion. The Court Rules require that each motion be supported by a brief of not more than 25 pages. You may not be able to fully address the merits of your motion if you substitute a certification or affidavit in place of the motion brief. (c) A proof of service indicating that you served two copies of the motion on each adversary. (d) File an original and four copies of the motion with the Clerk's office. (e) The complete caption, as it appears in the action below, should be reflected on each document. (f) Date and sign each document. 3. You must serve your adversary when filing a motion. Generally, the Clerk's office will not submit a motion to the court if there is no affidavit or certification of service accompanying the motion papers, or received shortly thereafter. 4. When a motion is made for an extension of time to file a brief, the motion should state the date by which the brief can be filed. The moving party should begin the preparation of the brief, so that if the motion is denied, the requested date modified, or the motion is granted with little time left, the brief will be available for filing. 5. Generally, you may request one extension of up to 30 days without a motion, provided your adversary does not object. In that case, you need only send a letter stating your reason for the request and representing that your adversary does not object. A copy should be sent to your adversary.
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Appellate Division Practice Checklist 6. If there are no deficiencies, a motion will generally be decided within four weeks. If the relief sought is of an urgent nature, the moving party might consider making an emergent application to the Appellate Division and should contact the Clerk's office to find out the Appellate Division judge on emergent duty for the county where the trial court or agency is located. The party seeking relief should be prepared to explain why the matter is considered emergent. If the relief sought is a stay of a judgment, order or decision pending appeal, the moving party should first move for relief from the trial court or agency and if it is denied, renew the application to the Appellate Division. 7. The Court Rules provide for a motion for summary disposition of the appeal. Any party to the appeal may make such a motion at any time after the filing of the notice of appeal, but not later than 25 days after the filing of respondent's brief unless leave is otherwise granted. Such a motion should demonstrate that the issues on appeal do not require further briefs or a full record. Oral Argument 1. Any party to an appeal may request oral argument by filing with the Clerk's office, no later than 14 days after service of respondent's brief, a separate captioned paper requesting argument. 2. If you or your adversary request oral argument and you will be unavailable for some period of time in the future, you should advise the Clerk's office, as early as possible, of your unavailability in writing so that the matter will not be calendared for argument during your absence. 3. The court permits only a limited period of time for argument. Because the judges have read the briefs and researched the legal issues, the court will not allow incessant repetition of the contents of the briefs. This time should be used to focus the court's attention on specific arguments or issues the litigant deems important and to clarify matters of which the judges make inquiry. Miscellaneous 1. In the absence of prior leave of court to do so, no supplemental letters or briefs may be sent to the court. The one exception to this rule is that a party may serve and file a letter calling to the court's attention, with a brief indication of their significance, relevant cases decided or legislation enacted after the filing of that party's brief. Any other party to the appeal may serve and file a short letter in response thereto within five days after receipt thereof. 2. The appellant may withdraw/dismiss the appeal, without consent, at any time prior to the first brief being filed. This can be done by a letter signed by the appellant and proof of service thereof on all the parties. 3. To withdraw/dismiss an appeal after the first brief has been filed, a stipulation of dismissal, signed by all the parties to the appeal or their attorneys, must be filed. All stipulations of dismissal are with prejudice and without costs, unless the court, on motion, allows otherwise.
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Instructions for Filling out Forms in the Appellate Division The purpose of the following instructions is to indicate what is to be entered in each section of various forms used in the Appellate Division and what documents must accompany the forms. Enclosed are copies of the forms with each section numbered. That number corresponds with the number under the instructions for filling out that specific form. Please print or type the information on the forms which are enclosed. Table of Contents Notice of Appeal Form - Side One ....................................................................................................... 11 Notice of Appeal Form - Side Two....................................................................................................... 11 Necessary Attachments to the Notice of Appeal .................................................................................. 12 Court Transcript Request Form ............................................................................................................ 13 Civil Case Information Statement Form ............................................................................................... 13 Criminal Case Information Statement Form......................................................................................... 14 Notice of Motion Form ......................................................................................................................... 15 Certified Statement in Support of Motion for Leave to Proceed As an Indigent Form........................ 16
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Instructions for Filling out Forms in the Appellate Division Notice of Appeal Form - Side One
1. Enter the complete caption or title of the case exactly as it appears on the papers from the trial court or State agency from which you are appealing. 2. Enter your name, address, including any email address, and daytime telephone number. If you are not an attorney at law admitted to practice in the State of New Jersey, you may not represent any person other than yourself. 3. Enter the name of the judge whose judgment or order you are appealing. 4. Enter the name of the trial court from which this case originates (for example, "Superior Court, Law Division, Essex County", or "Superior Court, Family Part, Mercer County", or "Tax Court"). If the appeal is from a final decision of a State agency, enter the name of the agency. 5. In civil cases, enter the trial court docket number. In criminal cases, enter the complaint, accusation or indictment number(s). If a municipal appeal, enter the Law Division docket number. In agency matters, enter the number assigned by the agency. 6. Enter your name. 7. Check the appropriate box or boxes. Enter the date of the judgment, order or agency decision appealed from. 8. If you are appealing the entire judgment, order or agency decision, leave this space blank. If appealing only a part or several parts, specify in this space. 9. If all issues as to all parties are disposed of in this action in the trial court or agency, check "Yes". If all issues as to all parties are not disposed of, check "No". If you check "No", you should not be filing a Notice of Appeal, but rather a Motion for Leave to Appeal, unless the answer to the next question, whether there is a Certification of Final Judgment entered pursuant to Court Rule 4:42-2, is "Yes." 10. Only complete this section if the case is criminal, quasi criminal or juvenile action. (A) Give a concise statement of the offense and the judgment including the date entered and any sentence or disposition imposed. (B) Check the appropriate box indicating what the appeal is from. If from a post-conviction relief, indicate if it is a 1st, 2nd or other. (C) Indicate whether you are incarcerated and if bail or a stay was granted. If in custody, enter the name and full address of the facility or institution at which you are confined. Be sure to include any inmate identification number assigned to you. (D) Check the appropriate box indicating who represented you below.
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Instructions for Filling out Forms in the Appellate Division Court Transcript Request Form
1. Enter the caption or title of the case as it appears on the papers from the trial court from which you are appealing. 2. In civil cases, enter the trial court docket number. In criminal cases, enter the complaint, accusation or indictment number(s). If a municipal appeal, enter the Law Division docket number. 3. Enter the county and the name of the trial court from which you are appealing. 4. Enter your name, address, including any email address, and daytime phone number. 5. Enter the name and address of the court reporter, if a court reporter was present in court transcribing the proceedings. If the proceedings were sound recorded, enter the name and address of the court clerk of the trial judge. If you do not know the name of the court reporter, call the county courthouse and ask to be connected to the Office of the Supervisor of Court Reporters for that county. Likewise, if you do not know the name of the Court Clerk, call the trial judge's chambers and ask for that. Be sure to ask for the mailing address of either the court reporter or court clerk, and enter that on the court transcript request. 6. Since you are filing an appeal, check the box which indicates use on "appeal." Enter the number of copies you are asking to be produced. The minimum number you can request is an original and one copy. 7. Enter the date(s) of the proceeding(s) you are ordering. 8. Enter the type of proceeding(s) (for example, trial, sentencing, motion, etc.). 9. Enter the name of the trial judge who heard each proceeding. 10. Sign your name and enter the date. 11. Enter the amount of the deposit. The original of the Court Transcript Request and a check for the deposit are sent to the court reporter or, in the case of a proceeding that was sound recorded, to the court clerk of the trial judge. 12. Enter the appropriate names on lines 2 and 4.
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Revised 01/03/2011, CN 10837-English (Appellate Pro Se Kit) Revised: 01/03/2011, CN: 10886-English (Instructions for Filling out Forms in the Appellate Division)
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(2)
(1)
STREET ADDRESS
CITY
STATE
ZIP
PHONE NUMBER
EMAIL ADDRESS
(3)
(4)
(5)
Judgment or
Civil
_______________.
(8)
If not appealing the entire judgment, order or agency decision, specify what parts or paragraphs are being appealed.
(9)
Have all issues, as to all parties in this action, before the trial court or agency been disposed of? (In consolidated actions, all issues as to all parties in all actions must have been disposed of.) If not, has the order been properly certied as nal pursuant to R. 4:42-2? For criminal, quasi-criminal and juvenile actions only: Yes No Yes No
(10A)
Give a concise statement of the offense and the judgment including date entered and any sentence or disposition imposed:
(10B)
post-conviction relief.
specify
other _________________________
Is defendant incarcerated?
No
self
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(11)
Notice of appeal and attached case information statement have been served where applicable on the following: Name Trial Court Judge Trial Court Division Manager Tax Court Administrator State Agency Attorney General or Attorney for other Governmental body pursuant to R. 2:5-1(a), (e) or (h) Other parties in this action: Name and Designation Attorney Name, Address and Telephone No. Date of Service Date of Service
(12) Attached transcript request form has been served where applicable on the following:
Name Trial Court Transcript Ofce Court Reporter (if applicable) Supervisor of Court Reporters Clerk of the Tax Court State Agency
Date of Service
Amount of Deposit
(13)
Exempt from submitting the transcript request form due to the following: No verbatim record. Transcript in possession of attorney or pro se litigant (four copies of the transcript must be submitted along with an electronic copy). List the date(s) of the trial or hearing:
Motion for abbreviation of transcript led with the court or agency below. Attach copy. Motion for free transcript led with the court below. Attach copy.
I certify that the foregoing statements are true to the best of my knowledge, information and belief. I also certify that, unless exempt, the ling fee required by N.J.S.A. 22A:2 has been paid.
(14)
DATE
(15)
SIGNATURE OF ATTORNEY OR PRO SE LITIGANT
Page 2 of 2
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Instructions: 1. 2. 3. 4. Complete all information File a separate request for each court reporter or court clerk who recorded a portion of the proceeding Attach the Appellate Division or Supreme Court Clerks copy to the Notice of Appeal (R. 2:5-1(f)) Attach transcript fee.
PLAINTIFF(S)
(1)
(2)
V.
COUNTY / COURT
(3)
DEFENDANT(S) REQUESTING PARTY NAME ADDRESS CITY TO STATE NAME / ADDRESS (COURT REPORTER or COURT CLERK (if sound recorded)) ZIP
(4)
EMAIL ADDRESS PHONE NUMBER
(5)
(6)
It is hereby requested that you prepare for use on (check one) following:
DATE OF PROCEEDING
appeal
(7)
(8)
NAME OF JUDGE
(9)
I agree to pay for the preparation and any copies ordered of the transcript(s) for the above date(s) pursuant to R. 2:5-3(d).
(10)
SIGNATURE OF REQUESTING PARTY DATE
Transcript fees are set by New Jersey Statute 2B:7-4. An additional sum or reimbursement may be required prior to or at the completion of the transcript order.
page 20 of 26
(1)
Attach additional sheets as necessary for any information below. EMAIL ADDRESS: DEFENDANT OTHER (SPECIFY) CLIENT
(3)
STREET ADDRESS
CITY
STATE
ZIP
TELEPHONE NUMBER
(4)
STREET ADDRESS
CITY
STATE
ZIP
TELEPHONE NUMBER
* Indicate which parties, if any, did not participate below or were no longer parties to the action at the time of entry of the judgment or decision being appealed.
(5)
GIVE DATE AND SUMMARY OF JUDGMENT, ORDER, OR DECISION BEING APPEALED AND ATTACH A COPY:
(6)
Are there any claims against any party below, either in this or a consolidated action, which have not been disposed of, including counterclaims, cross-claims, third-party claims and applications for counsel fees? If so, has the order been properly certified as final pursuant to R. 4:42-2? (If not, leave to appeal must be sought. R. 2:2-4,2:5-6) (If the order has been certified, attach, together with a copy of the order, a copy of the complaint or any other relevant pleadings and a brief explanation as to why the order qualified for certification pursuant to R. 4:42-2.) Were any claims dismissed without prejudice? If so, explain and indicate any agreement between the parties concerning future disposition of those claims.
YES YES
NO NO
YES
NO
(7)
(8)
Is the validity of a statute, regulation, executive order, franchise or constitutional provision of this State being questioned? (R. 2:5-1(h)) GIVE A BRIEF STATEMENT OF THE FACTS AND PROCEDURAL HISTORY:
YES
NO
page 1 of 2
page 21 of 26
(9)
TO THE EXTENT POSSIBLE, LIST THE PROPOSED ISSUES TO BE RAISED ON THE APPEAL AS THEY WILL BE DESCRIBED IN APPROPRIATE POINT HEADINGS PURSUANT TO R. 2:6-2(a)(5). (Appellant or cross-appellant only.):
(10)
IF YOU ARE APPEALING FROM A JUDGMENT ENTERED BY A TRIAL JUDGE SITTING WITHOUT A JURY OR FROM AN ORDER OF THE TRIAL COURT, COMPLETE THE FOLLOWING: 1. Did the trial judge issue oral findings or an opinion? If so, on what date? ___________________ 2. Did the trial judge issue written findings or an opinion? If so, on what date? ___________________ 3. Will the trial judge be filing a statement or an opinion pursuant to R. 2:5-1(b)? YES YES YES NO NO NO
Caution: Before you indicate that there was neither findings nor an opinion, you should inquire of the trial judge to determine whether findings or an opinion was placed on the record out of counsels presence or whether the judge will be filing a statement or opinion pursuant to R. 2:5-1(b). DATE OF YOUR INQUIRY: ____________________ 1. IS THERE ANY APPEAL NOW PENDING OR ABOUT TO BE BROUGHT BEFORE THIS COURT WHICH:
(A) Arises from substantially the same case or controversy as this appeal? (B) Involves an issue that is substantially the same, similar or related to an issue in this appeal? 2. WAS THERE ANY PRIOR APPEAL INVOLVING THIS CASE OR CONTROVERSY? IF THE ANSWER TO EITHER 1 OR 2 ABOVE IS YES, STATE: Case Name:
NO NO NO
Civil appeals are screened for submission to the Civil Appeals Settlement Program (CASP) to determine their potential for settlement or, in the alternative, a simplification of the issues and any other matters that may aid in the disposition or handling of the appeal. Please consider these when responding to the following question. A negative response will not necessarily rule out the scheduling of a preargument conference.
(15)
State whether you think this case may benefit from a CASP conference. Explain your answer:
YES
NO
(16)
I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).
(17)
Name of Appellant or Respondent
(18)
Name of Counsel of Record (or your name if not represented by counsel)
(19)
Date
(20)
Signature of Counsel of Record (or your signature if not represented by counsel)
page 2 of 2
page 22 of 26
(1)
(2)
(3)
MAILING ADDRESS
CITY
STATE
ZIP
TELEPHONE NUMBER
(4)
MAILING ADDRESS
CITY
STATE
ZIP
TELEPHONE NUMBER
(5)
GIVE DATE AND SUMMARY OF JUDGMENT OR ORDER BEING APPEALED AND ATTACH A COPY:
(6)
(7) (8)
Are there any issues below in this action involving defendant which have not been disposed of? (If so, leave to appeal must be sought. R. 2:2-4, 2:5-6) Is the validity of a statute, regulation, executive order, franchise or constitutional provision of this State being questioned? (R. 2:5-1(h)) Is defendant presently confined? If not, is defendant on bail?
YES YES
NO NO
YES YES
NO NO
Provide any State Bureau of Identification (SBI) number and date of birth: ___________________________ / __________________
(9)
Will the issue(s) in this appeal involve only whether the trial court imposed a proper sentence? If so, briefs shall not be filed without leave of court. (R. 2:9-11) Are there co-defendants?
YES
NO
YES
NO
(10)
If so, state their names and whether they were tried with the defendant or shared any pretrial motion.
(11)
Page 1 of 2
page 23 of 26
(12)
TO THE EXTENT POSSIBLE, LIST THE PROPOSED ISSUES TO BE RAISED ON THE APPEAL AS THEY WILL BE DESCRIBED IN APPROPRIATE POINT HEADINGS PURSUANT TO R. 2:6-2(a)(5). (Appellant or cross-appellant only.):
(13)
IF YOU ARE APPEALING FROM A JUDGMENT ENTERED BY A TRIAL JUDGE SITTING WITHOUT A JURY OR FROM AN ORDER OF THE TRIAL COURT, COMPLETE THE FOLLOWING: 1. Did the trial judge issue oral findings or an opinion? If so, on what date? ___________________ 2. Did the trial judge issue written findings or an opinion? If so, on what date? ___________________ (Attach a copy.) 3. Will the trial judge be filing a statement or an opinion pursuant to R. 2:5-1(b)? YES YES NO NO
YES
NO
Caution: Before you indicate that there was neither findings nor an opinion, you should inquire of the trial judge to determine whether findings or an opinion was placed on the record out of counsels presence or whether the judge will be filing a statement or opinion pursuant to R. 2:5-1(b). DATE OF YOUR INQUIRY: ____________________
1. IS THERE ANY CASE NOW PENDING OR ABOUT TO BE BROUGHT BEFORE THIS COURT WHICH:
(14)
(A) Arises from substantially the same case or controversy as this appeal? (B) Involves an issue that is substantially the same, similar or related to an issue in this appeal? 2. WAS THERE ANY PRIOR APPEAL INVOLVING THIS CASE OR CONTROVERSY? IF THE ANSWER TO EITHER 1 OR 2 ABOVE IS YES, STATE: Case Name and Type (direct, 1st PCR, other, etc.):
NO NO NO
(15) (16)
(17)
(18)
I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).
(19)
Name of Appellant or Respondent
(20)
Name of Counsel of Record (or your name if not represented by counsel)
(21)
Date
(22)
Signature of Counsel of Record (or your signature if not represented by counsel)
page 2 of 2
page 24 of 26
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. (2) (1)
(3) v.
TO:
(5)
PLEASE TAKE NOTICE that the undersigned hereby moves before the Superior Court of New Jersey, Appellate Division, for an Order (6)
In support of this motion, I shall rely on the accompanying brief. (7) (8) (Date) (9) (Signature)
(10) I hereby certify that I am mailing or delivering the original and four copies of this notice of motion and accompanying brief to the Clerk of the Appellate Division and mailing or delivering two copies of same to the following: (11)
(12)
(Date)
(13) (14)
(Signature)
ADMIN-39 3/96
Revised 07/1996, CN 10503-English Revised 01/03/2011, CN 10837-English (Appellate Pro Se Kit) page 25 of 26
CERTIFIED STATEMENT IN SUPPORT OF MOTION FOR LEAVE TO PROCEED AS AN INDIGENT PLEASE PRINT OR TYPE ALL INFORMATION
(1)
Phone #
(2)
(3)
Other Income (Source and Monthly Amount) Checking/Savings Accounts (Name of Banking Institution and Present Balance)
(4)
(5)
Personal Property (Item and Present Value) Auto/Truck/Motorcycle (Year, Make and Present Equity) Other Assets (Type and Present Value) LIABILITIES (Attach additional sheets if necessary)
(9)
Mortgage Balance $
(10) Outstanding Loans (Nature and Present Balance) (11) Credit Cards (Name and Present Balance) (12) Other Liabilities (Type and Present Amount) (13) SET FORTH ANY OTHER RELEVANT INFORMATION CONCERNING YOUR FINANCIAL CIRCUMSTANCES:
CERTIFICATION IN LIEU OF OATH (COURT RULE 1:4-4(b)) I CERTIFY THAT THE FOREGOING STATEMENTS MADE BY ME ARE TRUE. I AM AWARE THAT IF ANY OF THE FOREGOING STATEMENTS MADE BY ME ARE WILLFULLY FALSE, I AM SUBJECT TO PUNISHMENT.
(14) Signature
ADMIN-18 3/96
Revised 08/1999, CN 10499-English Revised 01/03/2011, CN 10837-English (Appellate Pro Se Kit)
Date:
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