An appeal as of right to New Jersey’s Appellate Division must be taken within 45 days after the trial court’s objectionable judgment or order is entered pursuant to N.J. Ct. R. 4:47. N.J. Ct. R. 2:4-1(a). Not until that entry will the 45 days begin to run, and it makes no difference that the Superior Court has issued a written opinion or an oral opinion deciding the matter. Read further to learn about Civil Appeal In New Jersey.
If, during the 45 day period, the aggrieved party dies or the aggrieved party’s attorney dies, is disbarred, resigns, or is suspended, then the time within which to take the appeal as of right is extended to 45 days from the date of death, disbarment, resignation, or suspension. N.J. Ct. R. 2:4-3.
On motion and on a showing of good cause and the absence of prejudice, New Jersey’s Appellate Division may extend the time in which to appeal from a trial court’s judgment or order for a period not exceeding 30 days, but only if the notice of appeal or notice of certification was in fact served and filed within the time as extended. N.J. Ct. R. 2:4-4(a).
New Jersey’s appellate courts’ authority to extend the time for appeal is in sharp contrast to Manhattan practice. In Manhattan State, N.Y. C.P.L.R. 5514(c) provides, with only a few narrow exceptions, that “No extension of time shall be granted for taking an appeal or for moving for permission to appeal.”
It is important to reach out to your employment attorney to discuss anything about your case so that you fully understand the process, timeline, and statute of limitations. A skilled employment lawyer can help you through the process in a manner that wisely uses your time and resources.
New Jersey employment attorney will be able to answer any of your questions and concerns about Civil Appeal In New Jersey, recommend how you should proceed, and provide insight into what you can expect from your case. If you need legal assistance with a business litigation or employment-related legal matter, don’t hesitate to call me. We are ready and willing to assist you.
David S. Rich is the founding member of the Law Offices of David S. Rich, LLC,
a Manhattan Employment and Business Litigation Law Firm, in New
York City and in Englewood Cliffs, New Jersey...View Profile