Understanding the Appeals Process
The time frame to file an Appeal in connection to a Municipal Court conviction is twenty (20) days.
The time frame to file an Appeal in connection to a Superior Court conviction is forty five (45) days.
The first stage of a municipal court Appeal is heard before the Criminal Part of the Superior Court of New Jersey. If the court affirms the lower decision you may then Appeal this decision again to the Appellate Division of the Superior Court of New Jersey. You have forty five (45) days to file this stage of your Appeal as it now becomes a Superior Court Decision.
Two of the applicable court rules for superior and municipal court appeals are as follows:
Rule 2:4-1. Time: From Judgments, Orders, Decisions, Actions and from Rules
(a) Appeals from final judgments of courts, final judgments or orders of judges sitting as statutory agents and final judgments of the Division of Workers’ Compensation shall be taken within 45 days of their entry. However appeals from final judgments terminating parental rights shall be taken within 21 days of their entry.
(b) Appeals from final decisions or actions of state administrative agencies or officers, other than appeals from judgments of the Division of Workers’ Compensation and other than those governed by R. 8:2 (tax matters) and by R. 4:74-8 (Wage Collection Section Appeals), shall be taken within 45 days from the date of service of the decision or notice of the action taken.
Rule 7:13-1. Appeals
Appeal shall be taken in accordance with R. 3:23, 3:24 and 4:74-3, and in extraordinary cases and in the interest of justice, in accordance with R. 2:2-3(b).
There are a number of items to consider prior to filing a motion to appeal from a lower court’s decision, order or judgment against you. This includes but is not limited to the following issues: time, money, relief pending appeal, probability of post application relief, transcript volume and costs, motions, summary dispositions, scope of review, hearings, arguments, length and complexity of legal briefs, and Appeal on Certification to the Supreme Court of New Jersey.
The Supreme Court may on its own motion certify any action or class of actions for appeal.
Know that filing any Appeal regardless of its subject matter or procedural jurisdiction, requires the highest level of legal competence, experience and precision. Contact the Law Office of Michael A. Grasso, Esq., LLC today for your free consultation to determine whether you have a matter that qualifies for a substantive and timely Appeal.
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