Do I specify both App Div opinion & Denial of motion for recon as orders in the Notice of Petition For Certification ?
John's answer
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Answered on July 21, 2025
The Petition to the Supreme Court is not to review the order denying reconsideration; it is to review the merits of the decision of the App. Div....
Is the ability to pay a consideration under R 2:11-5 motion for costs on appeal?
John's answer
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Answered on July 21, 2025
No, the Appellate Division does not take inability to pay into consideration when taxing costs. Filing fees and other fees payable to government...
Would NJ Supreme Court care if the Appellate Division opinion contains factually incorrect statements?
John's answer
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Answered on July 16, 2025
The Supreme Court does not make fact determinations. It decides matters of law. It is possible that the Supreme Court would remand a matter back to...
Is NJ trial court order denying abbreviation of transcript an interlocutory or a final order?
John's answer
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Answered on July 16, 2025
The order denying an abbreviated transcript is not a final decision and cannot be appealed as of right. The order does not dispose of the merits...
Is an appellant in NJ entitled to refund of appeal filing fee if the Appellate Division vacates and remands on appeal?
John's answer
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Answered on July 02, 2025
No, the Court filing fee is not refundable. Did the remand say anything about costs being taxed to your opponent?
Can you submit an emergency injunction to a Federal Court, to force a lower court to follow the rules?
John's answer
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Answered on June 11, 2025
No, you cannot apply for an injunction in the federal courts to attempt to correct a misapplication of the Rules of Court by a NJ Superior Court...
In New Jersey, can I appeal an Appellate Division's "Vacate and Remand" decision to the NJ Supreme Court?
John's answer
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Answered on March 18, 2025
Yes, you can petition the Supreme Court for certification to allow an appeal to challenge the App Div reversal of the suppression decision in...
If you have a procedural motion in the appellate court of New Jersey can it be reconsidered or does it have to be appealed?
John's answer
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Answered on February 19, 2025
Yes, you can file a motion for reconsideration. But it must be done in a timely fashion. Check the court rules, which can be found on online. Try...
Can the NJ Appellate Div Clerk instruct the appellant to remove arguments from brief or documents from appendix?
John's answer
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Answered on August 06, 2024
In practice, the Clerk of the App. Div is the doorkeeper to what gets filed. If you have hit a dead wall with the Clerk and you still want certain...
Are references to "motion court" or "trial court" in appellate briefs references to what is being appealed?
John's answer
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Answered on July 16, 2024
Your understanding is correct. But always make sure to know the full context of what you are reading in case the brief writer used an inaccurate...
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