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3:23-3-Notice of Appeal; Contents 3:23-3 The notice of appeal shall set forth the title of the action; the name and the address of the appellant and appellant's attorney, if any; a general statement of the nature of the offense; the date of the judgment; the sentence imposed; whether the defendant is in custody; and if a fine was imposed, whether it was paid or suspended; and the name of the court from which the appeal is taken. There shall be included in the notice of appeal a statement as to whether or not a stenographic record or sound recording was made pursuant to R. 7:8-8 in the court from which the appeal is taken. Where a verbatim record of the proceeding was taken, the notice of appeal shall also contain the attorney's certification of compliance with R. 2:5-1(g)(request for transcript) and R. 2:5-3(d) (deposit for transcript) or certification of the filing and service of a motion for abbreviation of transcript pursuant to R. 2:5-3(c). Note: Source--R.R. 3:10-3. Amended July 7, 1971 to be effective September 13, 1971; amended July 13, 1994 to be effective September 1, 1994; amended January 5, 1998 to be effective February 1, 1998; amended August 5, 2022 to be effective September 1, 2022. Part 3
3:23-1-Exclusive Method of Review 3:23-1 Except as provided by R. 2:2-3(c), review of a judgment of conviction in a criminal action or proceeding in a court of limited criminal jurisdiction shall be by appeal as provided by R. 3-23. Note: Source – R.R. 3:10-1. Amended August 5, 2022 to be effective September 1, 2022. Part 3
This Directive is to clarify the filing requirements for complaints filed in the Superior Court for parties seeking a “predicate” order for Special Immigrant Juvenile Status (SIJS). Federal immigration law affords protections for abused, neglected, or abandoned children who wish to apply for lawful, permanent resident status in the United States. These children may be eligible for classification as a “special immigrant juvenile,” which permits them to remain legally in the United States. The two-step SIJS process involves both state and federal systems. It begins with an application in a state court requesting the entry of a “predicate” order, which requires the court to make the following findings: 1The juvenile is under the age of 21 at the time the complaint is filed and is unmarried; The juvenile is dependent on the court or has been placed under the custody of an agency or an individual appointed by the court; The court has jurisdiction under State law to make judicial determinations about the custody and care of the juvenile; Reunification with one or both juvenile’s parents is not viable due to abuse, neglect, or abandonment or a similar basis under State law; and It is not in the "best interest" of the juvenile to be returned to the parent's previous country of nationality or country of last habitual residence. The state's predicate order is not an immigration determination. It is a prerequisite that must be fulfilled prior to the second step of the process, which is the submission of a SIJS application to the United States Citizenship and Immigration Services (USCIS) in the form of an 1-360 petition. The predicate order is to be included with the SIJS application. If the USCIS approves the 1-360 petition, the juvenile is granted SIJS. Requests for the SIJS predicate order should be filed in the Superior Court, Family Part. The form, “Verified Complaint for Special Immigrant Juvenile Status Predicate Order” (CN 13321) was created for self-represented litigants and is available online at Verified Complaint for Special Immigrant Juvenile Status (SJIS) Predicate Order Forms/13321 . The form when completed sets forth the minimum statutorily required information that must be submitted as part of the complaint for a SIJS predicate order. The court, in its discretion, may require additional information it deems necessary to make the predicate SIJS findings. A complaint for a SIJS predicate order may be filed by any of the following: The parent or guardian of the minor child. A law guardian or the Division of Child Protection & Permanency (DCPP) if there is an open FN or FG case. The child, if they are 18 years of age or older. The child, if they are under the age of 18 and do not have a parent or guardian., Superior Court Filing Requirements, Generally, requests for a SIJS predicate order shall be filed in the non-dissolution (FD) docket except as set forth below (based on any existing Family case). For complaints filed in the FD docket, a separate complaint shall be filed for each child. If there is more than one child seeking SIJS under an active/open FN, FG or FM matter, a separate predicate order for each child shall be entered., Existing Family Case, Filing Docket, None Non-Dissolution (FD) Active/Open Child Protection (FN) FN Closed FN FD Active/Open Termination of Parental Rights (FG) FG Closed FG FD Active/Open Kinship Legal Guardianship (FL) FL Closed FL FD Active/Open or Closed Child Placement (FC) FD Active/Open Adoption (FA) FA Closed FA FD Active/Open or Closed Juvenile Delinquency (FJ) FD Active/Open or Closed Family Crisis (FF) FD Active/Open Dissolution (FM) FM - Filing party is the plaintiff or defendant in FM case. FD - Filing party is not the plaintiff or defendant in FM case. Closed FM FD Active/Open or Closed Domestic Violence (FV) FD Active/Open or Closed Family - Other (FO) FD, Confidentiality, SIJS predicate orders shall contain language permitting limited release of information for SIJS purposes, such as the following sample text: This Order is a confidential document. Nevertheless, the court authorizes its disclosure to federal immigration officials in connection with the child’s application for immigration relief. Questions regarding Special Immigrant Juvenile Status (SIJS) Filing Requirements may be directed to the , Family Practice Division, at 609-815-2900 ext. 55350 . Document Date: Aug. 13, 2025 Publish Date: Aug. 19, 2025 Download Notice
File Directive #04-25 - Family - Special Immigrant Juvenile Status (SIJS) Filing Requirements
3:23-8-Hearing on Appeal 3:23-8, Hearing on Record; Correction or Supplementation of Record; Remand; Transcript for Indigents; Assignment of Counsel., If a verbatim record or sound recording was made pursuant to R. 7:8-8 in the court from which the appeal is taken, the original transcript thereof duly certified as correct shall be filed by the clerk of the court below with the criminal division manager's office, and a certified copy served on the prosecuting attorney by the clerk of the court below within 20 days after the filing of the notice of appeal or within such extension of time as the court permits. If it appears that the record is partially unintelligible, the court to which the appeal is taken may supplement the record or may remand the matter to the municipal court to reconstruct the portion of the record that is defective. If the record below is substantially unintelligible, the matter shall be remanded to the municipal court to reconstruct the entire record or, if the record cannot be reconstructed, for a new trial or hearing. The court to which the appeal has been taken may reverse and remand for a new trial or may conduct a trial de novo on the record below. The court shall provide the municipal court and the parties with reasons for a reversal and the remand. If the court to which the appeal is taken decides the matter de novo on the record, the court may permit the record to be supplemented for the limited purpose of correcting a legal error in the proceedings below. If the appellant, upon application to the court appealed to, is found to be indigent, the court may order the transcript of the proceedings below furnished at the county's expense if the appeal involves violation of a statute and at the municipality's expense if the appeal involves violation of an ordinance. All persons convicted of non-indictable offenses who desire to appeal their conviction and who assert they are indigent shall complete and file, without fee, with the criminal division manager’s office the appropriate form prescribed by the Administrative Director of the Courts. If the court is satisfied that the person is indigent, an attorney shall be assigned (i) if the sentence imposed constitutes a consequence of magnitude as set forth in the “Guidelines for Determining a Consequence of Magnitude” in Appendix 2 to Part VII of the Rules of Court, or (ii) if the person is constitutionally or otherwise entitled by law to counsel. If the sentence imposed does not constitute a consequence of magnitude, the court hearing the appeal may, in its discretion, determine whether to assign counsel for purposes of the appeal, irrespective of whether counsel was previously assigned in the case. , Briefs., Briefs shall be required only if questions of law are involved on the appeal or if ordered by the court and shall be filed and served prior to the date fixed for hearing or such other date as the court fixes. , Waiver; Exception., The appeal shall operate as a waiver of all defects in the record including any defect in, or the absence of, any process or charge laid in the complaint, and as a consent that the court may, during or before the hearing of the appeal, amend the complaint by making the charge more specific, definite or certain, or in any other manner, including the substitution of any charge growing out of the act or acts complained of or the surrounding circumstances of which the court from whose judgment or sentence the appeal is taken had jurisdiction, except that if the appeal is from a conviction for an indictable offense, the appeal shall not operate as a consent that the complaint may be amended so as to charge such an offense or a new or different indictable offense, unless the defendant agrees to such amendment. , Defenses Which Must Be Raised Before Trial., The defenses of double jeopardy, lack of jurisdiction in the court, failure of the complaint to charge an offense, the unconstitutionality of the statute, regulation promulgated pursuant to statute or ordinance under which the complaint is made and all other defenses and objections based on defects in the institution of the prosecution or in the complaint must be raised by motion and determined in accordance with R. 3:10. , Disposition by Superior Court, Law Division., If the defendant is convicted, the court shall impose sentence as provided by law. If the defendant is acquitted, the court shall order the defendant discharged, the conviction in the court below set aside, and the return of all fines and costs paid by the defendant. An appropriate judgment shall be entered and a copy thereof transmitted to the court below. , Appearance by Prosecuting Attorney., The prosecuting attorney shall appear and act on behalf of the respondent at the hearing. Note: Source -- R.R. 3:10-10(a)(b)(c)(d)(e), 3:10-12. Paragraph (a) amended July 14, 1972 to be effective September 5, 1972; paragraph (a) amended June 29, 1973 to be effective September 10, 1973; paragraph (a) amended July 29, 1977 to be effective September 6, 1977; paragraphs (a), (b) and (e) amended November 22, 1978 to be effective December 7, 1978; paragraphs (a), (b) and (e) amended July 11, 1979 to be effective September 10, 1979; paragraph (a) amended February 17, 1983 to be effective immediately; paragraph (a) amended January 5, 1998 to be effective February 1, 1998; paragraph (a) amended July 5, 2000 to be effective September 5, 2000; paragraph (a) amended July 16, 2009 to be effective September 1, 2009; paragraph (a) caption and text amended July 9, 2013 to be effective September 1, 2013; paragraph (a) caption and text amended July 22, 2014 to be effective September 1, 2014. Part 3
Gun Violence Reduction Initiative CN: 13234
Veterans Diversion Brochure CN: 12409
3:24-Appeals From Orders In Courts Of Limited Criminal Jurisdiction 3:24 Either the prosecuting attorney or the defendant may seek leave to appeal to the Superior Court, Law Division from an interlocutory order entered before trial by a court of limited criminal jurisdiction. The prosecuting attorney may appeal, as of right, a pre-trial or post-trial judgment dismissing a complaint and, notwithstanding the provisions of paragraph (a), an order suppressing evidence entered in a court of limited criminal jurisdiction. Appeals pursuant to this rule shall be taken within 20 days after the entry of such order by filing with the Superior Court, Law Division in the county of venue a notice of motion for leave to appeal under paragraph (a) or the notice of appeal under paragraph (b), except that an appeal from the grant of a motion to suppress shall be taken within 30 days after the entry of the order. A copy of the notice shall be filed with the clerk of the court below, and a copy thereof shall be served on the prosecuting attorney as defined by R. 3:23-9 or on the defendant or defendant's attorney, as appropriate, at least 10 days prior to the return date fixed therein. The original filed with the court and the copy served shall have annexed thereto copies of all papers of record and any affidavits essential to the determination of the motion and shall be accompanied by a brief. The respondent shall file and serve any answering brief and other papers in opposition at least 3 days before the hearing. With respect to interlocutory applications, the court may grant or deny leave to appeal on terms and may elect simultaneously to grant the motion and decide the appeal on the merits on the papers before it, or it may direct the filing of additional briefs or make such other order as it deems appropriate for the expeditious disposition of the matter. A copy of any order or judgment entered by it shall be promptly transmitted to the clerk of the court below. On appeal by the State from the grant of a motion to suppress the matter shall be tried de novo on the record. In cases in which the Attorney General or county prosecutor did not appear in the municipal court, the State shall be permitted to supplement the record and to present any evidence or testimony concerning the legality of the contested search and seizure. The defendant shall be permitted to offer related evidence in opposition to the supplementary evidence offered by the State. Note: Adopted February 25, 1969 to be effective September 8, 1969. Caption amended, paragraph designation added, former rule amended and designated as paragraphs (a) and (c), and new paragraph (b) adopted July 16, 1979 to be effective September 10, 1979; paragraphs (b) and (c) amended, paragraph (d) added June 9, 1989 to be effective June 19, 1989; paragraph (c) amended July 10, 1998 to be effective September 1, 1998. Part 3
3:23-9-Prosecuting Attorney Defined 3:23-9 In all appeals under R. 3:23 the prosecuting attorney shall be: The Attorney General, where required by law. The municipal attorney, in a case involving a violation of a municipal ordinance. The county prosecutor, in all other cases. With the assent of the prosecuting attorney and the consent of the court, the attorney for a complaining witness or other person interested in the prosecution may be permitted to act for the prosecuting attorney; provided, however; that the court has first reviewed the attorney certification submitted on a form prescribed by the Administrative Director of the Courts, ruled on the contents of the certification, and granted the attorney's motion to act as private prosecutor for good cause shown. The finding of good cause shall be made on the record. Note: Source--R.R. 3:10-13. Paragraph (b) amended September 5, 1969 to be effective September 8, 1969; paragraph (d) amended November 22, 1978 to be effective December 7, 1978; paragraph (d) amended July 11, 1979 to be effective September 10, 1979; amended July 28, 2004 to be effective September 1, 2004. Part 3
3:23-6-Transmittal of Recognizance or Cash Deposit 3:23-6 The judge or clerk of the court below shall transmit to the finance division manager's office any recognizance taken in accordance herewith or cash deposited in lieu of such recognizance. Note: Source--R.R. 3:10-7. Amended July 13, 1994 to be effective September 1, 1994; amended July 5, 2000 to be effective September 5, 2000; corrective amendment adopted October 10, 2000 to be effective immediately. Part 3
3:23-7-Dismissal of Appeal 3:23-7 If the appeal shall be dismissed for failure to comply with the requirements of R. 3:23-2 or 3:23-8(a) or (b) or for failure to prosecute, the matter and the record therein shall forthwith be remanded to the court from which the appeal was taken for execution of the judgment therein. Note: Source--R.R. 3:10-9. Part 3
a3086-22.pdf
Order to Extend Deadlines – Schedule A
Notice of Settlement & Request to Stay – Schedule A
Berryman vs Ethicon – Order to Dismiss w/o Prejudice
3:25-2-Order for Trial 3:25-2 A defendant who has remained in custody awaiting trial on an indictment for at least 90 consecutive days after the return of that indictment may move for a trial date. The motion shall be on notice to the prosecutor and shall be accompanied by a certification that the defense is ready to proceed to trial. The court shall, after affording the prosecutor an opportunity to be heard, fix a date for trial. In the event the prosecutor is unable to proceed on the trial date, the court shall take such action and enter such orders as the interest of justice requires, which may include pretrial release. Note: Source -- R.R. 3:11-3(b); amended July 17, 1975 to be effective September 8, 1975; former Rule redesignated paragraph (a) and paragraph (b) adopted November 2, 1987 to be effective January 1, 1988; paragraph (a) deleted, paragraph (b) amended and paragraph designation removed July 13, 1994 to be effective January 1, 1995; amended July 28, 2017 to be effective September 1, 2017. Part 3
3:25-3-Dismissal for Delay 3:25-3 If there is an unreasonable delay in presenting the charge to a grand jury or in filing an accusation against a defendant who has been held to answer upon a complaint, the Assignment Judge, or the Assignment Judge's designee, may dismiss the matter sua sponte or on motion of the defendant. If there is unreasonable delay in the disposition of an indictment or accusation, the judge to whom the case has been assigned may dismiss the matter sua sponte or on motion of the defendant. Note: Source -- R.R. 3:11-3(c); amended July 17, 1975 to be effective September 8, 1975; amended July 13, 1994 to be effective January 1, 1995; amended July 12, 2002 to be effective September 3, 2002. Part 3
How to Appeal a Trial Court, Tax Court or State Agency Decision CN: 10837
a0308-24.pdf
Notice of Appeal CN: 10502