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Pretrial Detention

Overview of the process to appeal pretrial detention.


Defendants in criminal court have a right to appeal a pretrial detention order. The appeal process is laid out in Court Rule 2:9-13. It was implemented after the enactment of the Bail Reform Statute.


Attorneys must use eCourts Appellate to appeal an order granting a motion for pretrial detention. Follow the Instructions for eFiling an Appeal of a Pretrial Detention Order  to start the appeal process.

You must file a Pretrial Detention Appeal Expedited Information Form with your Notice of Appeal. Follow these instructions for submitting the form. 

Prosecutors should use the State Response form when responding to the appeal. 

Self-Represented Litigants

Complete the Notice of Appeal Form. The Pretrial Detention Appeal Expedited Information Form must be filed with your Notice of Appeal. 

If you are ordering a transcript, complete the Transcript Order Form. You must order the transcript on an expedited delivery rate. You must submit a letter brief and appendix within 10 days of receiving the transcript(S).