The Supreme Court has adopted amendments to the Rules governing briefing practices for its appeals. Specifically, the Court adopted the practice of “merits briefing” for Supreme Court appeals, effective with appeals taken on or after February 10, 2026. The Court adopted these amendments after careful study, discussion with stakeholders, and input from frequent amicus participants and other members of the bar, including through public comments.
Merits Briefing for Supreme Court Appeals
Most notably, the new rules provide a standard schedule for parties to file briefs on the merits of an appeal after the Court has granted certification or leave to appeal. Those “merits briefs” will include all of a party’s arguments on the issue(s) before the Court and will supersede the multiple briefs that preceded the Court’s grant of the appeal.
The adoption of merits briefing will help the parties by giving general assurance that they will have the opportunity to brief the merits of the issues at the appeal phase and, therefore, they need not include all of their substantive arguments into the shorter petition or motion briefs. In addition, the public will no longer have to navigate the petition and motion papers, appellate materials, and multiple other briefs to understand the arguments the parties are making before the Supreme Court. This approach will be of particular aid where the parties’ positions have evolved over time, the arguments or issues have been reframed, or the emphasis of the appeal has shifted due to intervening events in the litigation.
The appellant’s merits brief is due 40 days after the Court’s grant of an appeal, with the respondent’s merits brief due 30 days after the appellant files its merits brief (i.e., roughly 70 days into the appeal). Both briefs are limited to 50 pages.
The appellant has the option of filing a 15-page reply brief 24 days after the filing of respondent’s brief (i.e., roughly 94 days after the Court takes the appeal). The appellant’s reply brief is limited to addressing points in the respondent’s brief and any points raised by proposed amici (discussed further below). The respondent also has an opportunity to respond to the proposed amici (see below), but is not permitted to file a sur-reply brief.
Amicus Filings on Appeals
Under the new model of merits briefing, the time for filing amicus motions is embedded within the parties’ briefing schedule rather than occurring thereafter. Specifically, proposed amici must file motions for leave to appear as amicus curiae, with the proposed amicus brief, 10 days after the respondent files its merits brief. Both parties then have 14 days to respond to the amici – appellant by including a response to amici within its reply brief, and respondent by filing a separate response to the merits of the amicus briefs.
In addition to those 15-page briefs that contain arguments responsive to the merits of amici’s submissions, the parties have the option – when appropriate – to file separate answers opposing the proposed amici’s participation in the appeal. Those separate answers would not address the merits of amici’s views but instead would articulate why the parties believe the proposed amici do not satisfy the requirements for amicus participation set forth in Rule 1:13-9. Historically, parties have not often filed answers opposing amicus participation, and instead have limited their submissions to addressing the merits of proposed amici’s filings. The Court anticipates that practice will continue but preserves the parties’ ability to oppose the grant of amicus status in appropriate circumstances.
Because the amicus motions occur roughly contemporaneously with the filing of the parties’ briefs, proposed amici are not permitted to file motions for extensions of time. In addition, because amici do not have the burden of including a detailed factual recitation and procedural history, among other details specific to the parties to the litigation, the page number for amicus briefs is reduced from 50 to 30 pages. Finally, entities seeking leave to participate as amicus must state on the cover of the proposed amicus brief which party or parties the entity supports or, if the entity’s position is not aligned with any party, indicate whether it suggests affirmance or reversal.
Summary of Schedule for “Merits Briefing”
The Court adopted the following schedule to govern merits briefing on appeals:
• Appellant’s merits brief is due 40 days from the date of the order granting the appeal
• Respondent’s merits brief is due 30 days from the date appellant files its merits brief
• Amicus motions and proposed briefs are due 10 days from the date respondent files its merits brief
• Appellant may file a reply brief 24 days from the date respondent files its merits brief (or, stated differently, 14 days after the amicus motions and briefs are due), AND, on the same date, respondent may file a response to the merits of the amicus briefs. The parties also may file separate answers opposing amicus participation in appropriate circumstances.
For ease of reference by the parties and the public, the Court anticipates that the applicable due dates typically will be calculated and memorialized in a briefing schedule contained in the order granting the appeal. When the Court issues a briefing schedule, the dates contained in the Court’s order control.
Public Accessibility of Materials
Although the posting of a summary to the Court’s website will no longer trigger amicus deadlines, the Court’s website will continue to be a resource for members of the public and legal community who wish to follow Supreme Court appeals. Going forward, in addition to posting the decision on appeal and a summary of the issue(s), the Court’s website also will include the due date for amicus motions as well as the Court’s order and publicly filed briefs. Importantly, briefs will be posted when the Court takes the appeal and updated as merits briefs are filed, rather than when oral argument occurs, which was the prior practice. This measure will improve public access to Supreme Court appeals and will facilitate review by those entities that might be considering amicus participation.
Questions
Questions may also be directed to the Supreme Court Clerk’s Office at 609-815-2955 or via email at SupremeCt.mbx@njcourts.gov.
Document Date: Feb. 23, 2026
Publish Date: Feb. 26, 2026