Contents & Format Checklist For New Jersey Appellate Briefs & Appendicies Filed In The New Jersey Appellate Division

·         Type the appellate brief on 8 1/2" x 11" paper and use the proper typefont (12 point courier) and margins (1 inch) and each page may contain no more than 26 double

spaced lines of no more than 65 characters, including spaces.

·         Make sure the brief and all documents included in the appendix are able to be read

·         Use white covers for appellant's brief

·         Use blue covers for party responding to the appeal's brief

·         Use buff covers for appellant's reply brief.

·         file five copies of your brief and appendix with the New Jersey Appellate Division Clerk's Office

·          serve two copies of your brief and appendix with the New Jersey Appellate Division Clerk's Office

·         file with the New Jersey Appellate Division Clerk's Office a proof of service of your service of the your brief

·         If brief and appendix are bound together, the brief and appendix share one table of contents

·         If the appendix is bound separately, the brief and appendix have separate

·         tables of contents.

·         The brief’s table of contents should include the point headings of the legal arguments contained in the brief.

·         The appendix table of contents must indicate the first page of each document in the appendix.

·         the filing date of each document in the appendix must be put at the head of the

·         page where the document first appears.

·         When putting documents into the appendix, use documents that were actually filed or provided to the trial court instead of drafts

·         Include in the appendix all the relevant documents necessary for the New Jersey Appellate Division to decide the appeal, including the judgment, decision or order appealed from and the trial court’s opinion or statement of findings, if any, any pretrial order, the complaint, answers and a copy of the notice of appeal. If the appeal concerns the denial or granting of a specific motion or motions, include the motion papers (but generally speaking, motion briefs submitted to the trial courts are excluded from appendicies). 

·         If the trial court delivered its opinion, findings or conclusions orally, submit the transcript of that hearing to the New Jersey Appellate Division.  If that transcript is not being filed with the New Jersey Appellate Division separately from the appendix, it should be included in the appendix and clearly identified in the appendix table of contents and the procedural history in the brief.

·         If the trial court’s opinion was published as legal authority, provide the opinion’s citation to the New Jersey Appellate Division.

·         If the exhibits are too large to include in the appendix, the party preparing the appendix may submit a letter to the New Jersey Appellate Division Clerk's Office (and that party must also send a copy of the letter to their opponent), which identifies the exhibits and their approximate size and bulk.  After receiving the letter, the New Jersey Appellate Division will tell the New Jersey Appellate Division Clerk’s Office to advise the party making the request if the New Jersey Appellate Division needs to see these exhibits and if so, when and where to deliver them.

·         Don’t include more than 200 in a single volume of the appendix.  If the appendix and brief combined exceed this page limit, they must be bound separately.

·         Appendix pages are numbered consecutively followed by the

letter "a" (e.g. 1a, 2a, etc.).  If plaintiffs and defendants submit their own appendicies, it is advisable to number the pages of the different appendicies with “da” for defendants and “pa” for plaintiffs.

·         Each party’s appellate briefs cannot exceed 65 pages

·         Reply briefs cannot exceed 20 pages

·         The briefs of parties responding to an appeal/cross-appellant's brief filed pursuant to R. 2:6-2(d) cannot exceed 90 pages.

·         The brief of an appellant/crossparty responding to the appeal's brief pursuant to R. 2:6-4(e) cannot exceed 65 pages.

·         The appellate brief must include a carefully drafted procedural history supported by citations to the appellate record and that does not include any legal arguments.

·         The appellate brief must include a carefully drafted statement of facts supported by citations to the appellate record and that does not include any legal arguments.  This statement should discuss the facts that the New Jersey Appellate Division needs to decide the appeal.

·         The appellate brief must include a legal argument section for each legal argument raised on the appeal.  These sections should not overlap one another but instead, should be strictly limited to the point to which the section pertains.  Normally, the legal argument sections of briefs include citations to cases, statutes, court rules and other authorities that might support the party’s arguments. These citations should be in the format specifically required by the court rules.

·         Avoid any references in the appellate brief to any fact or evidence never submitted as part of the trial court’s record and that is not included in the appendix.

 

Checklist For New Jersey Appellate Motions Filed In The New Jersey Appellate Division

·         each document submitted to the court must contain the name, address and telephone numbers of the moving party

·         each document submitted to the court must contain the case caption

·         documents submitted to the court should be dated and signed

·         notice of motion specifically stating the relief being sought

·         brief explaining the reasons for making the motion.  The brief shall not exceed 25 pages.

·         white covers for movant's brief covers.

·         blue covers for movant's brief covers.

·         proof of service stating that two copies of the motion was served on the moving party’s opponent

·         file the original and four copies of the entire motion package with the New Jersey Appellate Division Clerk's Office.

·         If the motion seeks additional time to file papers (such as a brief), state the date by which the moving party can file the papers

·         If the motion seeks additional time to file other papers (such as a brief), it is often best to begin preparing those papers so that if the motion is granted the moving party shall be able to meet the New Jersey Appellate Division’s old deadline or if the motion is granted, the new deadline set by the New Jersey Appellate Division

·         If you want oral argument on your motion, include a request for such argument in your motion papers

 

Consider the appellate services of Paul DePetris. 

 

Paul DePetris has:

·         Written New Jersey appellate briefs for many law firms on a wide variety of substantive and procedural issues. 

·         Helped law firms prosecute and defend New Jersey appeals.

·         Helped law firms oppose motions filed in New Jersey appellate courts.

·         Counseled law firms on the details of New Jersey appellate practice.

·         Helped law firms to overturn trial court decisions.

 

Mr. DePetris is also the author of the following publications: 

·         New Jersey Consumer Fraud Act & Forms (New Jersey Law Journal Books, 2007)

·         Learned Professionals, Licensed Semiprofessionals and the Consumer Fraud Act:  The Origins of the Licensed Professionals’ Doctrine (New Jersey Lawyer, Oct. 2008)

·         Liability For Consumer Fraud In Real Estate Transactions (New Jersey Law Journal, March 18, 2009).   Mr. DePetris also gives seminars on the New Jersey Consumer Fraud Act.

 

Mr. DePetris has extensive New Jersey civil litigation writing experience, which includes drafting hundreds of legal memoranda and trial court and appellate briefs on the following subjects:  

 

Abuse Of Process

Actions In Lieu Of Prerogative Writs

Adverse Possession

Agency

Arbitration Agreements

Attorney Ethics

Automotive Personal Injury

Automotive Warranty

Automotive Fraud 

Bailments

Boat Warranty Disputes

Boat Sale Fraud

Boundary Disputes

Breach Of Peace

Breach Of Contract

Breach Of Warranty

Broker Commissions

Changed Circumstances

Civil Appeals

Child Support

Commercial Breach Of Contract

Commercial Breach Of Warranty

Commercial Collection

Common Law Fraud

Constitutional Law

Construction Law

Construction Liens

Consumer Collection

Consumer Fraud Act

Consumer Law

Corporate Veil Piercing

Covenant Of Good Faith And Fair Dealing

Coverage Disputes

Creditors’ Rights

Debtors’ Rights

Declaratory Judgment Actions

Default Judgment

Discovery Disputes

Disgorgement

Ejectment Actions

Emancipation Of Minors

Employment Agreements

Equitable Distribution

Equitable Fraud

Equitable Relief And Remedies

Estate Disputes

Expert Testimony

Express Warranties

Family Law

Federal Odometer Law

Federal Warranty Law

Fraudulent Transfers

Frivolous Sanctions

Home Improvement Fraud

Implied Warranties

Insurance Disputes

Landlord Tenant

Legal Fraud

Lemon Law – New And Used Cars

Lepis Applications

Licensed Professionals

Limitations Of Liability Clauses

Magnuson Moss Warranty Act

Malicious Prosecution

Name Changes

Negligent Misrepresentation

New Car Lemon Law

Municipal Court Appeals

Municipal Ordinance Challenges

Negotiable Instruments

Odometer Fraud

Plain Language Act/Law

Premises Liability Personal Injury

Professional Liability & Malpractice

Property Damage

Quantum Meruit

Quasi Contract

Real Estate Broker Commissions

Real Estate Fraud

Real Estate Sale Fraud

Reconsideration

Relief From Judgment

Special Civil Part

Spousal Support

Statute Of Limitations

Statute Of Repose

Storage Agreements

Takings

Title Issues

Theft Of Goods And Services

Title 59

Truth In Consumer Contract, Warranty And Notice Act

Undue Influence

Uniform Commercial Code

Unjust Enrichment

Used Car Lemon Law

Verbal Threshold

Vicarious Liability

Warranty Disputes

Will Interpretation

Wrongful Repossession

Zoning Disputes