Appeals

How Much Time Do I Have To Appeal As Of Right From An Order Or Judgment Of A State Trial Court In New Jersey?

Under N.J. Ct. R. 2:4-1(a), an appeal as of right to New Jersey’s Appellate Division must be taken within forty-five days after the trial court’s objected-to order or judgment is entered pursuant to N.J. Ct. R. 4:47.  The thirty days will not start to run until that entry.  It does not matter that the Superior Court has rendered an oral opinion or a written opinion deciding the case.

N.J. Ct. R. 2:4-3 states that if, during the forty-five days, the aggrieved litigant dies or the aggrieved litigant’s attorney dies, is disbarred, resigns, or is suspended, then the time in which to take the appeal as of right is extended to forty-five days from the time of death, disbarment, resignation, or suspension.

On application and on a showing of good cause and the absence of prejudice, New Jersey’s Appellate Division may lengthen the time in which to appeal from an order or judgment of the Superior Court for a period not exceeding thirty days, but only if the notice of appeal or notice of certification was in fact filed and served within the time as extended.  N.J. Ct. R. 2:4-4(a).

New Jersey’s Appellate Division’s authority to extend the time for appeal differs sharply from practice in the state courts of New York.  In New York, with only a few circumscribed exceptions, “No extension of time shall be granted for taking an appeal or for moving for permission to appeal.”  N.Y. C.P.L.R. 5514(c).

At the Law Offices of David S. Rich, LLC, we have substantial experience representing clients on appeal in, among other matters, an adversary proceeding in a bankruptcy case; divorce actions; a discriminatory termination, retaliatory termination, and sexual harassment action; an ERISA action to recover health benefits; and a special proceeding contesting a government agency’s action.

Contact the Law Offices of David S. Rich, LLC to consult with a skilled appeals lawyer about your appellate matter.

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