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Stoner vs Janssen – Order to Amend Complaint
2:4-1-Time: From Judgments, Orders, Decisions, Actions and From Rules 2:4-1 Except as set forth in subparagraphs (1) and (2), 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 filed within 45 days of their entry. Appeals from final judgments terminating parental rights and appealable orders in adoption matters shall be filed within 21 days of their entry. Direct appeals from judgments of conviction and sentences shall be filed within 45 days of entry of trial court orders granting petitions for post-conviction relief pursuant to R. 3:22-11 under the limited circumstances where defendant has demonstrated ineffective assistance of counsel in trial counsel's failure to file a direct appeal from the judgment of conviction and sentence upon defendant's timely request. Appeals from orders granting pretrial detention shall be filed within 7 days of their entry and follow the process described in R. 2:9-13. 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. Applications for leave to appeal from interlocutory orders, decisions or actions shall be made within the time provided by R. 2:5-6(a). Note: Source – R.R. 1:3-1, 4:88-15(a), 4:88-15(b)(7); paragraph (b) amended November 27, 1974 to be effective April 1, 1975; paragraph (b) amended June 20, 1979 to be effective July 1, 1979; paragraphs (a) and (b) amended July 16, 1981 to be effective September 14, 1981; paragraph (a) amended June 26, 2012 to be effective September 4, 2012; effective date of June 26, 2012 amendments changed to November 5, 2012 by order of August 20, 2012; paragraphs (a) and (b) amended July 27, 2018 to be effective September 1, 2018; paragraph (a) amended August 5, 2022 to be effective September 1, 2022. Part 2
2:4-3-Tolling of Time for Appeal and Certification 2:4-3 The running of the time for taking an appeal and for the service and filing of a notice of petition for certification shall be tolled: By the death of an aggrieved party, or by the death, disbarment, resignation or suspension of the attorney of record for such party, but the time shall run anew from the date of death, disbarment, resignation or suspension; or By the timely filing and service of an application for reconsideration made to the Appellate Division pursuant to R. 2:11-6 or, on an appeal to the Appellate Division from a state administrative agency or officer, to the agency pursuant to its rules and practice, but the remaining time shall again begin to run from the date of the entry of the Appellate Division order denying such application or the date of service of the decision or denial of such application by the agency; or In criminal actions on an appeal to the Appellate Division by the timely filing and service of a motion to the trial court for judgment pursuant to R. 3:18-2, or for a new trial pursuant to R. 3:20, or in arrest of judgment pursuant to R. 3:21-9, or for reconsideration of an order granting pretrial detention pursuant to R. 2:9-13, or for rehearing or to amend or make additional findings of fact pursuant to R. 1:7-4. The remaining time shall again begin to run from the date of the entry of an order denying or disposing of such a motion; or In criminal actions by the insanity of the defendant, but the time shall run anew from the date of the removal of such disability; or In civil actions on an appeal to the Appellate Division by the timely filing and service of a motion to the trial court for rehearing or to amend or make additional findings of fact pursuant to R. 1:7-4; or for judgment pursuant to R. 4:40-2; or for a new trial pursuant to R. 4:49-1; or for rehearing or reconsideration seeking to alter or amend the judgment or order pursuant to R. 4:49-2. The remaining time shall again begin to run from the date of the entry of an order disposing of such a motion. Note: Source – R.R. 1:3-3(a) (c) (d) (e) (f) (g), 1:10-4(b); paragraph (e) amended November 5, 1986 to be effective January 1, 1987; paragraph (b) amended November 7, 1988 to be effective January 2, 1989; paragraph (c) amended June 29, 1990 to be effective September 4, 1990; paragraphs (c) and (e) amended July 27, 2006, to be effective September 1, 2006; paragraph (c) amended July 31, 2020 to be effective September 1, 2020. Part 2
2:4-2-Time for Cross Appeals and Appeals by Respondents 2:4-2, As of Right., Cross appeals from final judgments, orders, administrative decisions or actions and cross appeals from orders as to which leave to appeal has been granted may be taken by serving and filing a notice of cross appeal and, where required under R. 2:5-1(e), a Case Information Statement, within 15 days after the service of the notice of appeal or the entry of an order granting leave to appeal. A respondent on appeal may appeal against a non-appealing party by serving and filing a notice of appeal and, where required under R. 2:5-1(a)(3), a Case Information Statement, within the time fixed for cross appeals. , Where Leave Is Required., Applications for leave to cross appeal from interlocutory orders and administrative decisions or actions as to which leave to appeal has not been granted shall be made within the time provided by R. 2:5-6(b). Note: Paragraph (a) amended March 22, 1984 to be effective April 15, 1984; paragraph (a) amended November 1, 1985 to be effective January 2, 1986; paragraph (a) amended August 5, 2022 to be effective September 1, 2022. Part 2
2:2-5-Consequences of Certain Appellate Division Judgments 2:2-5, Interlocutory Orders., A judgment of the Appellate Division on an appeal to it from an interlocutory order, decision or action shall be deemed to be interlocutory and not reviewable by the Supreme Court as a final judgment, unless the judgment of the Appellate Division is dispositive of the action. , Final Judgments., A judgment of the Appellate Division on an appeal to it from a final judgment shall be reviewable by the Supreme Court on certification or, when appropriate, as of right, notwithstanding the remand of the matter by the Appellate Division for further proceedings. If jurisdiction is retained, however, the matter is interlocutory and subject to R. 2:5-6 and R. 2:8-1. Note: Source – R.R. 1:2-2, 2:2-2. Amended by order of September 5, 1969 effective September 8, 1969; former rule designated paragraph (a) and new paragraph (b) adopted November 2, 1987 to be effective January 1, 1988. Part 2
2:3-5-Workers' Compensation Appeals Involving Employers Only 2:3-5 If the only issue on appeal is which of 2 or more employers or insurance carriers is liable or the proper apportionment of liability between 2 or more employers or insurance carriers, the award entered by the Division of Workers' Compensation shall be forthwith paid to the petitioner by the party or parties against whom judgment has been entered, and the appeal shall be taken by the party or parties making the payment. If the original award is altered on appeal the judgment shall be in favor of a party who paid and against the parties finally held responsible for payment, with interest from the date of the payment of the original award. Note: Adopted July 14, 1972 to be effective September 5, 1972 (formerly R. 4:74-1(b)); amended July 16, 1981 to be effective September 14, 1981. Part 2
2:5-3-Preparation and Filing of Transcript; Statement of Proceedings; Prescribed Transcript Request Form 2:5-3, Ordering the Transcript., In ordering a transcript, the appellant shall comply with R. 2:5-1(g) and all other provisions in this rule. , Contents of Transcript; Omissions., Except if abbreviated pursuant to R. 2:5-3(c), the transcript shall include the entire proceedings in the court or agency from which the appeal is taken, including the reasons given by the trial judge in determining a motion for a new trial, unless a written statement of such reasons was filed by the judge. The transcript shall not, however, include opening and closing statements to the jury or voir dire examinations or legal arguments by [counsel] the parties unless a question with respect thereto is raised on appeal, in which case the appellant shall specifically order the same in the request for transcript. , Abbreviation of Transcript., The transcript may be abbreviated in all actions either: (1) by consent, provided all parties to the appeal agree in writing that only a stated portion thereof will be needed by the appellate court, and in such cases, only those portions of the transcript specified in the writing shall be ordered in the request for transcript, or (2) by order of the trial judge or agency which determined the matter on appellant’s motion specifying the points on which the appellant will rely on the appeal. The motion shall be filed and served no later than the time of filing and service of the notice of appeal, and service of the request for transcript shall be made within 3 days after entry of the order determining the motion. , Deposit for Transcript; Payment Completion., Unless the necessary transcripts already exist, or unless exempted by subparagraphs (2) or (3), the appellant shall, at the notification of the court reporter or transcription agency, deposit either the estimated cost of the transcript as determined by the reporter, clerk, or agency, or the sum of $500 for each day or fraction thereof of trial or hearing; If the appellant is the State or a political subdivision thereof, the appellant shall provide a voucher to the reporter or the clerk or the agency for billing for the cost of the transcript. The reporter, clerk, or agency shall, upon completion of the transcript, bill or reimburse the appellant, as appropriate, for any sum due for the preparation of the transcript or overpayment made therefor. Absent specific authority in statute, case law, rule, or administrative directive, if the appellant is indigent and may be entitled to have a transcript of the proceedings below furnished without charge for use on appeal, either the trial court or the appellate court, on application, may order the transcript prepared at public expense for the following proceedings: Division of Child Protection and Permanency termination of parental rights cases and Title 9 abuse and neglect cases, certain adoptions, and involuntary civil commitments; a defendant in a criminal proceeding represented by the Public Defender, or the Public Defender is otherwise obligated by law to provide the transcript to an indigent, the court may order the transcript of the proceedings below furnished at the county’s expense if the appeal involves prosecution for violation of a statute and at the municipality’s expense if the appeal involves prosecution for violation of an ordinance; a defendant in a criminal or quasi-criminal appeal and is not represented by the Public Defender, or the Public Defender is not otherwise obligated by law to provide the transcript, the court may order the transcript of the proceedings below furnished at the county’s expense if the appeal involves prosecution for violation of a statute and at the municipality’s expense if the appeal involves prosecution for violation of an ordinance. If the sentence imposed does not constitute a consequence of magnitude, as set forth in the “Guidelines for Determining a Consequence of Magnitude” in Appendix 2 of Part VII of the Rules of Court, and the applicant is not constitutionally or otherwise entitled by law to transcripts at public expense, the trial court may determine whether to grant the motion for purposes of the appeal even if other transcripts in the case were previously provided. If the trial court denies the application, the trial court shall briefly state the reasons for its determination, and the application may be renewed within 20 days before the appellate court in accordance with R. 2:7-3. , Preparation and Filing., The court reporter, clerk, or agency, as the case may be, shall promptly prepare or arrange for the preparation of the transcript in accordance with standards fixed by the Administrative Director of the Courts. The person preparing the transcript shall deliver the original to the Appellate Division transcript unit when the appeal is from the Superior Court, the Tax Court, a municipal court, or an administrative agency or officer. The transcript shall be text searchable and in a format as prescribed by Administrative Directive. The person preparing the transcript shall also forthwith notify all parties of such deliveries. When the last volume of the entire transcript has been delivered to the Appellate Division, the court reporter supervisor, clerk or agency, as the case may be, shall certify its delivery on a form to be prescribed by the Administrative Director of the Courts. That transcript delivery certification and a complete set of the transcripts shall be forwarded immediately to the clerk of the court to which the appeal is being taken. A copy of the certification shall also then be sent to the appellant. The Appellate Division shall serve a copy of the certification on all other parties upon filing within the electronic case jacket and, if the appeal is from a conviction on an indictable offense, on the New Jersey Division of Criminal Justice, Appellate Section. , Statement of Proceedings in Lieu of Transcript., If no verbatim record was made of the proceedings before the court or agency from which the appeal is taken, the appellant shall, within 14 days of the filing of the notice of appeal, serve on the respondent a statement of the evidence and proceedings prepared from the best available sources, including the appellant's recollection. The respondent may, within 14 days after such service, serve upon the appellant any objections or proposed amendments thereto. The appellant shall thereupon forthwith file the statement and any objections or proposed amendments with the court or agency from which the appeal is taken for settlement and within 14 days after the filing of the same the court or agency shall settle the statement of the proceedings and file it with the clerk thereof, who shall promptly provide the parties with a copy. If a verbatim record made of the proceedings has been lost, destroyed or is otherwise unavailable, the court or agency from which the appeal was taken shall supervise the reconstruction of the record. The reconstruction may be in the form of a statement of proceedings in lieu of a transcript. Note: Source – R.R. 1:2-8(e) (first, second, third, fourth, sixth and seventh sentences), 1:2-8(g), 1:6-3, 1:7-1(f) (fifth sentence), 3:7-5 (second sentence), 4:44-2 (second sentence), 4:61-1(c), 4:88-8 (third and fourth sentences), 4:88- 10 (sixth sentence). Paragraphs (a)(b)(c) and (d) amended July 7, 1971 to be effective September 13, 1971; paragraphs (b) and (d) amended July 14, 1972 to be effective September 5, 1972; paragraph (c) amended June 29, 1973 to be effective September 10, 1973; caption amended and paragraph (a) caption and text amended July 24, 1978 to be effective September 11, 1978; paragraphs (c) and (d) amended July 16, 1981 to be effective September 14, 1981; paragraph (e) amended November 1, 1985 to be effective January 2, 1986; paragraph (a) amended, paragraph (d) caption and text amended, former paragraph (e) redesignated paragraph (f), and paragraph (e) caption and text adopted November 7, 1988 to be effective January 2, 1989; paragraphs (a) and (e) amended July 14, 1992 to be effective September 1, 1992; paragraphs (c), (e) and (f) amended July 13, 1994 to be effective September 1, 1994; paragraph (d) amended July 28, 2004 to be effective September 1, 2004; paragraphs (a) and (e) amended July 27, 2006 to be effective September 1, 2006; paragraph (d) amended July 16, 2009 to be effective September 1, 2009; paragraph (a) caption and text amended, and paragraphs (b), (c), (d) and (e) amended August 5, 2022 to be effective September 1, 2022. Part 2
2:6-1-Preparation of Appellant’s Appendix; Joint Appendix; Contents 2:6-1, Contents of Appendix., , Required Contents., The appendix prepared by the appellant or jointly by the appellant and the respondent shall contain (A) in civil actions, the complete pretrial order, if any, and the pleadings; (B) in criminal, quasi-criminal or juvenile delinquency actions, the indictment or accusation and, where applicable, the complaint and all docket entries in the proceedings below; (C) the judgment, order or determination appealed from or sought to be reviewed or enforced, including the jury verdict sheet, if any; (D) the trial judge’s charge to the jury, if at issue, and any opinions or statement of findings and conclusions; (E) the statement of proceedings in lieu of record made pursuant to R. 2:5-3(f); (F) the notice or notices of appeal; (G) the transcript delivery certification prescribed by R. 2:5-3(e); (H) any unpublished opinions cited pursuant to R. 1:36-3; and (I) such other parts of the record, excluding the stenographic transcript, as are essential to the proper consideration of the issues, including such parts as the appellant should reasonably assume will be relied upon by the respondent in meeting the issues raised. If the appeal is from a disposition of a motion for summary judgment, the appendix shall also include a statement of all items submitted to the court on the summary judgment motion and all such items shall be included in the appendix, except that briefs in support of and opposition to the motion shall be included only as permitted by subparagraph (2) of this rule. , Prohibited Contents., Briefs submitted to the trial court shall not be included in the appendix, unless either the brief is referred to in the decision of the court or agency, or the question of whether an issue was raised in the trial court is germane to the appeal, in which event only the material pertinent to that issue shall be included. A document that is included in appellant’s appendix shall not also be included in respondent’s appendix unless appellant’s appendix includes only a portion of the document and the complete document is required for a full understanding of the issues presented. If the same document has been annexed to more than one pleading or motion filed in the trial court, the document shall be reproduced in the appendix only with the first such pleading or motion and shall be referred to thereafter only by notation to the appendix page on which it appears. , Confidential Documents., If the appellate record is not sealed, any documents that are required to be excluded from public access pursuant to R. 1:38-3 shall be submitted in a separate appendix marked as confidential. The format of the confidential appendix shall in all respects conform with the requirements of this rule. , Form., Documents included in the appendix shall be abridged by omitting all irrelevant or formal portions, with asterisks being used to indicate omissions. The filing date of each included paper shall be stated at the head of the copy as well as its subject matter (e.g., Pretrial Order, Notice of Appeal). Each page shall be numbered consecutively followed by the letter "a" to indicate the appendix (e.g., 1a, 2a, etc.). , Binding; Table of Contents., The appendix may be bound with the brief or separately, into volumes containing no more than 200 sheets each. If bound with the brief, it shall follow the brief, but there shall be a single table of contents of the brief and appendix. If bound separately it shall be prefaced with a table of contents. The table of contents shall indicate the initial page of each document, exhibit or other paper included, and the pages of the stenographic record at which each exhibit was marked for identification and was offered into evidence. Attachments to a document by way of affidavits, exhibits or otherwise shall each be separately identified in the table of contents and the initial page of each such attachment noted therein. If there are multiple volumes of the appendix, each volume shall contain a full table of contents and shall specify on its cover the appendix pages included therein. , Joint Appendix., Whenever possible counsel shall agree upon a joint appendix, which shall be bound separately. The cost thereof shall be apportioned between them. Note: Source — R.R. 1:7-1(f), 1:7-2 (first six sentences), 1:7-3. Paragraph (a) amended June 29, 1973 to be effective September 10, 1973; paragraph (a) amended July 16, 1979 to be effective September 10, 1979; paragraph (a) amended July 16, 1981 to be effective September 14, 1981; paragraph (a) amended July 22, 1983 to be effective September 12, 1983; paragraphs (a), (b) and (c) amended November 7, 1988 to be effective January 2, 1989; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 10, 1998 to be effective September 1, 1998; paragraphs (a)(1) and (c) amended July 12, 2002 to be effective September 3, 2002; new subparagraph (a)(3) adopted July 19, 2012 to be effective September 4, 2012; subparagraph (a)(1) amended July 27, 2018 to be effective September 1, 2018. Part 2
2:6-2-Contents of Appellant’s Brief 2:6-2, Formal Brief., Except as otherwise provided by R. 2:6-4(c)(1) (statement in lieu of brief), by R. 2:9-11 (sentencing appeals), and by paragraph (b) of this rule, the brief of the appellant shall contain the following material, under distinctive titles, arranged in the following order: A table of contents, including the point headings to be argued. It is mandatory that for every point, the appellant shall include in parentheses at the end of the point heading the place in the record where the opinion or ruling in question is located or if the issue was not raised below a statement indicating that the issue was not raised below. A table of judgments, orders and rulings being appealed. This table shall include a listing of the places in the record where the following items are located: The trial court’s judgment(s), order(s), and ruling(s) being appealed, or the administrative agency’s final decision(s); The trial judge’s written or oral opinion; Intermediate decisions, if any, pertinent to the appeal. Such intermediate decisions include such items as planning board resolutions, initial decisions of the administrative law judge, and appeal tribunal decisions. A table of citations of cases, alphabetically arranged, of statutes and rules and of other authorities. A concise procedural history including a statement of the nature of the proceedings and a reference to the judgment, order, decision, action or rule appealed from or sought to be reviewed or enforced. The appendix page of each document referred to shall be stated. The plaintiff and defendant shall be referred to as such and shall not, except where necessary, be referred to as appellant and respondent. A concise statement of the facts material to the issues on appeal supported by references to the appendix and transcript. The statement shall be in the form of a narrative chronological summary incorporating all pertinent evidence and shall not be a summary of all of the evidence adduced at trial, witness by witness. The legal argument for the appellant, which shall be divided, under appropriate point headings, distinctively printed or typed, into as many parts as there are points to be argued. For every point, the appellant shall include in parentheses at the end of the point heading the place in the record where the opinion or ruling in question is located or if the issue was not raised below a statement indicating that the issue was not raised below. New Jersey decisions shall be cited to the official New Jersey reports by volume number but if not officially reported that fact shall be stated and unofficial citation made. All other state court decisions shall be cited to the National Reporter System, if reported therein and, if not, to the official report. In the citation of all cases the court and year shall be indicated in parentheses except that the year alone shall be given in citing the official reports of the United States Supreme Court, the Supreme Court of New Jersey, and the highest court of any other jurisdiction. In addition to the foregoing, each brief may include an optional preliminary statement for the purpose of providing a concise overview of the case. The preliminary statement shall not exceed three pages and may not include footnotes or, to the extent practicable, citations. , Letter Brief., In lieu of filing a formal brief in accordance with paragraph (a) of this rule and except as otherwise provided by R. 2:9-11 (sentencing appeals), the appellant may file a letter brief. Letter briefs shall not exceed 20 pages and shall conform with the requirements of subparagraphs (1), (2), (4), (5) and (6) of paragraph (a). As to any point not presented below a statement to that effect shall be included in parenthesis in the point heading. No cover need be annexed provided that the information required by R. 2:6-6 is included in the heading of the letter. , All Briefs., All briefs must be plainly legible and must conform with spacing, paper quality, type-size and reproduction requirements set forth in R. 2:6-10. (d) respondent/Cross Appellant's Brief. The respondent/cross appellant shall file a single brief both addressing the cross appeal and answering the appellant's brief. , Respondent/Cross Appellant’s Brief., The respondent/cross appellant shall file a single brief both addressing the cross appeal and answering the appellant’s brief. Note: Source — R.R. 1:7-1(a) (b) (d) (e) (g); amended July 29, 1977 to be effective September 6, 1977; paragraph (a) amended, former paragraphs (a) (b) (c) and (e) redesignated subparagraphs (1) (2) (3) and (5), subparagraph (4) and paragraphs (b) and (c) adopted July 24, 1978 to be effective September 11, 1978; paragraph (b) amended January 10, 1979 to be effective immediately; paragraph (a) amended July 16, 1981 to be effective September 14, 1981; paragraph (b) amended July 15, 1982 to be effective September 13, 1982; paragraph (a)(5) amended November 1, 1985 to be effective January 2, 1986; paragraphs (a) and (b) amended November 2, 1987 to be effective January 1, 1988; paragraph (a) amended November 7, 1988 to be effective January 2, 1989; new paragraph (d) added July 14, 1992 to be effective September 1, 1992; paragraph (a)(5) amended July 13, 1994 to be effective September 1, 1994; paragraph (a)(6) added July 12, 2002 to be effective September 3, 2002; paragraphs (a) and (b) amended August 1, 2016 to be effective September 1, 2016. Part 2
2:5-6-Appeals From Interlocutory Orders, Decisions and Actions 2:5-6, Appeals., Applications for leave to appeal from interlocutory orders of courts or of judges sitting as statutory agents and from interlocutory decisions or actions of state administrative agencies or officers shall be made by serving and filing with the court or agency from which the appeal is taken and with the appellate court a notice of motion for leave to appeal, as prescribed by R. 2:8-1, within 20 days after the date of service of such order, administrative decision or notice of such administrative action. If, however, a motion to the trial court for reconsideration of the order from which leave to appeal is sought is filed and served within 20 days after the date of its service, the time to file and serve the motion for leave to appeal in the Appellate Division shall be extended for a period of 20 days following the date of service of an order deciding the motion for reconsideration. The filing of a motion for leave to appeal shall not stay the proceedings in the trial court or agency except on motion made to the court or agency which entered the order or if denied by it, to the appellate court. , Cross Appeals., Applications for leave to cross appeal from interlocutory orders and administrative decisions or actions as to which leave to appeal has not already been granted shall be made by serving and filing with the appellate court a notice of motion within 20 days after the date of service of the court order or administrative decision appealed from or after notice of the agency or officer's action taken or, if no cross motion is filed, within 20 days following decision of a motion for reconsideration as provided by R. 2:5-6(a). If an appeal from an interlocutory order, decision or action is allowed, an application for leave to cross appeal (if the application has not been previously denied) may be made by serving and filing with the appellate court a notice of motion within 10 days after the date of service of the order of the appellate court allowing the appeal. , Notice to the Trial Judge or Officer; Findings., A party filing a motion for leave to appeal from an interlocutory order shall serve a copy thereof on the trial judge or officer who entered the order. If the judge or officer has not theretofore filed a written statement of reasons or if no verbatim record was made of any oral statement of reasons, the judge or officer shall, within 10 days after receiving the motion, file and transmit to the clerk of the Appellate Division and the parties a written statement of reasons for the disposition. The statement may also comment on whether the motion for leave to appeal should be granted on the ground, among others, that a controlling question of law not theretofore addressed by an appellate court of this state is involved and that the grant of leave to appeal may materially advance the ultimate resolution of the matter. Any statement of reasons previously made may also be amplified. Note: Source -- R.R. 1:2-3(b), 2:2-3(a) (second sentence), 4:53-1 (sixth sentence), 4:61-1(d). Paragraphs (a) and (c) amended July 7, 1971 to be effective September 13, 1971; paragraphs (a) and (c) amended July 16, 1981 to be effective September 14, 1981; paragraph (c) amended November 1, 1985 to be effective January 2, 1986; paragraph (c) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a) and (b) amended July 5, 2000 to be effective September 5, 2000; paragraph (c) amended July 23, 2010 to be effective September 1, 2010; paragraph (c) amended July 22, 2014 to be effective September 1, 2014. Part 2
Rule 5:4-2(h) Certification by Attorney and Client - Appendix XXVII-A Related: 10888 — Descriptive Material (R. 5:4-2(h)) - Divorce or Dissolution - Dispute Resolution Alternatives to Conventional Litigation CN: 10890
Admit Samira Bode Pro Hac Vice – Schedule A
Gore vs Ethicon - Admit Christina M. Behm Pro Hac Vice
Stiers vs Ethicon – Admit Emily L. Ford Pro Hac Vice
Johnson vs Ethicon – Admit Sarah A. Meadows Pro Hac Vice
Yoder vs Ethicon – Admit Brett Mason Pro Hac Vice
Stiers vs Ethicon – Admit Sarah A. Meadows Pro Hac Vice
Harrill vs Ethicon – Admit Dominique L. Montoya Pro Hac Vice
2:4-4-Extension of Time for Appeal and Review 2:4-4 The time within which an appeal may be taken may not be extended except upon motion and in accordance with the following: The appellate court, on a showing of good cause and the absence of prejudice, may extend the time fixed by R. 2:4-1(a) (final judgment), 2:4-1(b) (final state administrative decisions), and 2:12-3(a) (certification of final judgment of the Appellate Division) for a period not exceeding 30 days, but only if the notice of appeal or notice of petition for certification was in fact served and filed within the time as extended. The appellate court, on a showing of good cause and the absence of prejudice, may: Extend the time fixed by R. 2:5-6(a) (interlocutory orders, decisions and actions) for a period not exceeding an additional 15 days. Grant leave to appeal as within time from an interlocutory order, decision or action, provided that the appeal was in fact taken within the time for appeals from final judgments, decisions or actions. The appellate court may extend the time fixed by R. 2:4-2(a) (cross appeals and appeals by respondents as of right), 2:5-6(b) (cross appeals), 2:12-2(a) (motion for certification of appeal pending unheard in the Appellate Division) and 2:12- 3(b) (cross petition for certification), for such period as it deems reasonable. Note: Source – R.R. 1:27(B) (d)(e). Paragraph (b) amended July 7, 1971 to be effective September 13, 1971. Paragraph (a) amended July 29, 1977 without effective date and amendment rescinded December 16, 1977; paragraph (c) amended November 5, 1986 to be effective January 1, 1987; paragraphs (a) and (b) amended July 27, 2006 to be effective September 1, 2006. Part 2
2:5-5-Correction or Supplementation of Record 2:5-5, Motion to Settle the Record., A party who questions whether the record fully and truly discloses what occurred in the court or agency below shall, except as hereinafter provided, apply on motion to that court or agency to settle the record. The appellate court, on motion, may review such determination or may, on its own motion, order a correction of the record or may direct the court or agency to do so. The making of a motion pursuant to this rule shall toll the time for serving and filing the next brief due, but the remaining time shall again begin to run from the date of entry of an order disposing of such a motion. If the proceedings were sound or video recorded, a party, prior to moving for an order settling the record, may, on notice to all other parties, request the clerk of the court in which the appeal is pending to review the tape thereof to determine whether a particular portion of the transcript accurately transcribed what was said by a participant. The clerk shall notify all parties of the determination, requesting that any objection be submitted in writing within ten days of the notification. If no timely written objection is received, the transcript shall be deemed so corrected, and a copy of the notification shall be filed. If a party timely objects in writing, that party shall move for correction of the transcript in the court or agency from which the appeal is taken; however, if the appeal has already been calendared, the motion shall be made to the court in which the appeal is pending. , Supplementation of Administrative Record., At any time during the pendency of an appeal from a state administrative agency, if it appears that evidence unadduced in the proceedings below may be material to the issues on appeal, the appellate court, on its own motion or on the motion of any party, may order, on such terms as it deems appropriate, that the record on appeal be supplemented by the taking of additional evidence and the making of findings of fact thereon by the agency below or, in exceptional instances, by a judge of the Superior Court especially designated for that purpose. Note: Source - R.R. 1:6-6, 4:88-9, 4:88-11, 7:13-4. Paragraph (b) amended November 1, 1985 to be effective January 2, 1986; paragraph (a) amended July 13, 1994 to be effective September 1, 1994; paragraph (a) amended July 28, 2004 to be effective September 1, 2004. Part 2