- 4:14-8-Failure to Attend or Serve Subpoena; Expenses 4:14-8 If the party giving notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, or if the party giving the notice fails to serve a subpoena upon a witness who because of such failure does not attend and another party attends in person or by attorney because that party expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred as a result of attendance either by the attending party or that party's attorney, including reasonable attorney's fees., Note:, Source-R.R. 4:20-7(a)(b). Amended July 14, 1972 to be effective September 5, 1972; amended July 13, 1994 to be effective September 1, 1994. Part 4
- 4:15-2-Officer to Take Responses and Prepare Record 4:15-2 A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly in the manner provided by R. 4:14-3, 4:14-5 and 4:14-6 to take the testimony of the witness in response to the questions and to prepare, certify and file the deposition, attaching thereto the copy of the notice and the questions received by him., Note:, Source-R.R. 4:21-2. Amended July 14, 1972 to be effective September 5, 1972. Part 4
- 4:15-3-Orders for the Protection of Parties and Deponents and the Exclusion of Illegal Evidence [Deleted] 4:15-3, Note:, Source-R.R. 4:21-3. Deleted (see R. 4:10-3) July 14, 1972 to be effective September 5, 1972. Part 4
- 1:41-3-Accreditation of Non-Certified Municipal Court Directors, Municipal Court Administrators, and Deputy Municipal Court Administrators 1:41-3, Accreditation; Conditional Accreditation., All non-certified municipal court directors, municipal court administrators, and deputy municipal court administrators must be either conditionally accredited or accredited by the Board. , Completion of Education Requirements as Precondition to Conditional Accreditation and Accreditation., Non-certified municipal court directors, municipal court administrators, and deputy municipal court administrators shall be conditionally accredited or accredited after successfully completing the education requirements as established by the Supreme Court and the Board. , Time Requirements for Obtaining Conditional Accreditation and Accreditation for Newly Appointed Employees., All newly appointed non-certified municipal court directors, municipal court administrators, and deputy municipal court administrators shall obtain conditional accreditation within six months of the date of appointment. All newly appointed non-certified municipal court directors, municipal court administrators, and deputy municipal court administrators shall obtain full accreditation within three years of the date of appointment. , Consequences of Failure to Meet Time Requirements for Obtaining Conditional Accreditation or Accreditation., A non-certified municipal court director, municipal court administrator, or deputy municipal court administrator who fails to obtain conditional accreditation or accreditation within the time frames provided by this rule and the Board’s regulations, will be ineligible to remain in that title. The Board may grant an extension of time upon a showing of good cause. , Performance of Quasi-Judicial Duties., Only certified, conditionally accredited, or accredited municipal court administrators or deputy municipal court administrators may perform quasi-judicial duties in a court, if so authorized by the municipal court judge. , Performance of Managerial Duties - Generally., Only certified, conditionally accredited, or accredited municipal court directors, municipal court administrators, and deputy municipal court administrators may perform managerial duties in a court, except as provided in R. 1:41-3(g). , Performance of Managerial Duties by New Appointees., Newly appointed municipal court directors, municipal court administrators, and deputy municipal court administrators may perform managerial duties in a court without being certified, conditionally accredited or accredited, provided that they satisfy the conditional accreditation or accreditation education requirements within the time frames set forth under R. 1:41-3(c)., Note:, New R. 1 :41-3 adopted (and former R. 1 :41-3 redesignated as R. 1 :41-4) September 13, 2011 to be effective immediately; paragraph (c) deleted, paragraph (d) redesignated as paragraph (c), paragraph (e) redesignated as paragraph (d) and amended, paragraph (f) designated as paragraph (e), paragraph (g) redesignated as paragraph (f) and amended, paragraph (h) redesignated as paragraph (g) and amended November 17, 2021 to be effective January 1, 2022. Part 1
- 1:41-1-Municipal Court Administrator Certification Board 1:41-1, Appointment., The Supreme Court , consistent with N.J.S.A. 2B:12-11, shall appoint a Municipal Court Administrator Certification Board (Board) consisting of ten members. , Ex Officio Members., Ex officio members of the Board shall include a member of the Conference of Assignment Judges, the Chair of the Conference of Presiding Judges-Municipal Courts, the Chair of the Conference of Municipal Division Managers, and the President of the New Jersey Association of Municipal Court Administrators. The member representing the Conference of Assignment Judges shall be designated by the Chief Justice and shall serve a two-year term. The remaining ex officio members shall serve during the term of their office; however, each may select, with the consent of the Chair, a designee to serve in their place on the Board. , Members., Except for ex officio members, members of the Board shall be appointed for staggered three-year terms, with the terms of two members expiring each year on December 31. No member who has served four consecutive three year terms shall be eligible for immediate reappointment. Members appointed to fill a vacancy shall serve the balance of the unexpired term. , Chair and Vice-Chair., The Supreme Court annually shall designate a Chair and Vice-Chair from among the members of the Board. , Secretary and Staff., The Administrative Director of the Courts shall designate a staff person from the Administrative Office of the Courts to serve as Board Secretary, who shall be responsible for the day-to-day coordination of Board operations. , Disciplinary Counsel., The Administrative Director of the Courts shall designate a staff person from the Administrative Office of the Courts to serve as Disciplinary Counsel, who shall be responsible for the prosecution of disciplinary matters handled by the Board. , Regulations., Subject to the prior approval of the Supreme Court, the Board shall promulgate regulations to implement these Rules. , Fees and Fund., Any fees authorized by these Rules or by regulation shall be payable to the Board. Any such fees shall be deposited into a dedicated fund to support the operation of the Program., Note:, Adopted June 15, 2007 to be effective September 1, 2007; paragraphs (a) and (b) amended September 13, 2011 to be effective immediately; new paragraph (f) adopted; former paragraphs (f) and (g) redesignated as paragraphs (g) and (h) November 18, 2021 to be effective January 1, 2022. Part 1
- 1:41-5-Review of Action of Board 1:41-5, Review of Action of Board., Within 20 days after the date of the Board's Final Decision with respect to revocation or suspension, a respondent may seek review by the Supreme Court by filing an original Notice of Petition for Review ("Notice") with the Clerk of the Supreme Court and serving a copy of that Notice on the Chair of the Board. The Notice shall set forth respondent's name and address and, if represented, the name and address of counsel. The Notice shall identify the action of the Board sought to be reviewed and the basis for the requested review. The Notice shall be accompanied by the required filing fee, but no filing fees shall be required if the respondent is a party exempted from filing fees by Rule 2:7-1. , Respondent's Petition for Review., A petition for review shall be in the form of a letter brief, conforming to the applicable provisions of Rules 2:6-1, 2:6-2(b) and 2:6-10 and not exceeding 20 pages typed, exclusive of table of contents and appendix. It shall also contain a certification by respondent or counsel for respondent that the petition presents a substantial question and is filed in good faith and not for purposes of delay. , Service of Petition., Within ten days after filing of the Notice, two copies of the petition shall be served on the Chair of the Board and nine copies shall be filed with the Clerk of the Supreme Court. , Response to Petition., The Board shall, within 15 days of the service of the petition, serve two copies of a letter brief responding to the petition of respondent and shall file nine copies with the Clerk of the Supreme Court. The letter brief shall conform to the applicable provisions of Rules 2:6-1, 2:6-2 and 2:6-10, and shall not exceed 20 pages typed, exclusive of table of contents and appendix. Within 10 days of such service, respondent may serve on the Chair of the Board two copies and nine file copies with the Clerk of the Supreme Court of a reply brief not exceeding six pages typed, exclusive of table of contents or appendix. , Denial/Grant of Petition; Record; Transcripts., If the Supreme Court grants the petition, the record on review shall be the documents, transcripts and briefs, as provided in the Board's regulations. Transcripts may be requested by respondent or by the Board, with the requestor bearing the cost of the transcript. , Final Determination., The Court's final determination of a petition for review may be either by written opinion or by order and shall provide for such final disposition as is appropriate., Note:, Adopted as R. 1:41-4 June 15, 2007 to be effective September 1, 2007; renumbered as R. 1:41-5 September 13, 2011 to be effective immediately. Part 1
- 1:39-6-Effect of Certification 1:39-6, Not Exclusive., The standards and systems adopted herein shall in no way limit the right of a certified attorney to practice law in any respect nor shall any attorney-at-law of this State be barred from engaging in a designated area of practice by reason of lack of eligibility or certification. , Use of Designation., An attorney who has satisfied the requirements of this rule and who has been certified may make dignified use of the area of practice designation as provided in the Regulations of the Board. , Restrictions on Designation Use., No use may be made of the designations set forth in the Regulations of the Board except as therein provided, nor may other words or combination of words be used by a certified attorney in place of such designations. , Division of Fees., A certified attorney who receives a case referral from a lawyer who is not a partner in or associate of that attorney's law firm or law office may divide a fee for legal services with the referring attorney or the referring attorney's estate. The fee division may be made without regard to services performed or responsibility assumed by the referring attorney, provided that the total fee charged the client relates only to the matter referred and does not exceed reasonable compensation for the legal services rendered therein. The provisions of this paragraph shall not apply to matrimonial law matters that are referred to certified attorneys. , Obligation of Certified Attorneys., A certified attorney is under a continuing obligation, during the duration of the certification period, to notify the Board of any malpractice action brought, fee arbitrations filed, disciplinary complaints filed, or discipline imposed., Note:, Adopted January 26, 1979 as Rule 1:39-7 to be effective April 1, 1979; amended and redesignated Rule 1:39-6 May 15, 1980 to be effective September 8, 1980; amended December 13, 1983 to be effective January 3, 1984; paragraph (d) adopted November 1, 1985 to be effective January 2, 1986; paragraph (b) amended November 7, 1988 to be effective January 2, 1989; paragraph (d) amended July 13, 1994 to be effective September 1, 1994; paragraphs (a), (b), (c), and (d) amended June 28, 1996, to be effective September 1, 1996; corrective amendment adopted August 1, 1996 to be effective September 1, 1996; new paragraph (e) adopted July 5, 2000 to be effective September 5, 2000. Part 1
- 1:40-8-Mediation of Minor Disputes in Municipal Court Actions 1:40-8, Referral., A mediation notice may issue pursuant to R. 7:8-1 requiring the parties to appear at a mediation session to determine whether mediation pursuant to these rules is an appropriate method for resolving the minor dispute. No referral to mediation shall be made if the complaint involves (1) serious injury, (2) repeated acts of violence between the parties, (3) incidents involving the same persons who are already parties to a Superior Court action between them, (4) matters arising under the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.), (5) a violation of the New Jersey Motor Vehicle Code (Title 39), or (6) matters involving penalty enforcement actions. , Appointment of Mediators., A municipal court mediator shall be appointed by the Assignment Judge or a designee. The municipal mediator must comply with the requirements of R. 1:40-12. The Assignment Judge or a designee may, either sua sponte or on request of the municipal court judge, remove a mediator upon the determination that the individual is unable to perform the mediator's functions., Note:, Adopted July 14, 1992 as Rule 1:40-7 to be effective September 1, 1992; paragraph (a) amended January 5, 1998 to be effective February 1, 1998; redesignated as Rule 1:40-8, paragraph (a) amended, and caption and text of paragraph (b) amended July 5, 2000 to be effective September 5, 2000; paragraphs (a) and (b) amended July 27, 2015 to be effective September 1, 2015; subparagraph (a)(3) deleted and subparagraphs (a)(4) through (a)(7) redesignated as subparagraphs (a)(3) through (a)(6) July 29, 2019 to be effective September 1, 2019. Part 1
- 1:39-4-Decision by Certification Committee or Board 1:39-4, Ineligible Applicants., An applicant who is found ineligible to sit for the examination shall be notified of those areas in which he or she did not meet the program's requirements. An applicant may supplement his or her application to correct deficiencies, but such supplemental materials must be submitted within fourteen days of the date of notification of ineligibility. Should a Certification Committee determine that an applicant is ineligible to sit for the examination, that applicant has fourteen days to apply to the Board for de novo review pursuant to the Board's Regulations. , Duration of Eligibility; Qualified Applicants., An applicant found eligible must successfully complete the examination requirements as found in Part Two and Three of the Board's Regulations within eighteen months of notification of eligibility to sit for the examination. If eligibility expires, the applicant must file a new application for certification. When an applicant has compiled with the requirements of Rule 1:39-2 and 3 and the Board's Regulations, the Certification Committee shall forward the file to the Board, which shall review the file and make such further inquiry, pursuant to its Regulations, as it deems necessary and appropriate. Thereafter, the Board shall determine within a reasonable time whether the applicant is qualified for certification in the designated area of practice., Note:, Former rule adopted January 26, 1979 to be effective April 1, 1979; former rule deleted and former Rule 1:39-5 redesignated Rule 1:39-4 and amended May 15, 1980 to be effective September 8, 1980; new paragraph (a) adopted and former rule amended and designated paragraph (b) June 28, 1996, to be effective September 1, 1996; paragraphs (a) and (b) amended July 5, 2000 to be effective September 5, 2000; caption amended July 20, 2011 to be effective September 1, 2011. Part 1
- 1:41-2-Certification and Renewal; Lapsing of Certification 1:41-2, Certification; Continuing Education Requirement; Certification Renewal., A certification candidate who has been examined and found qualified for certification by the Board shall be recommended to the Supreme Court for designation as a Certified Municipal Court Administrator, abbreviated as “C.M.C.A.” A Certified Municipal Court Administrator may use the title during good behavior in accordance with law and the Rules of Court. A Certified Municipal Court Administrator must satisfy continuing education requirements as established by the Supreme Court and the Board. Pursuant to regulations of the Board, a Certified Municipal Court Administrator must comply with certification renewal requirements every two years. , Failure to Satisfy Certification Renewal Requirements., A Certified Municipal Court Administrator who fails to comply with certification renewal requirements by not paying the required fees or satisfying the continuing education requirements shall be carried on the Board’s records as not in good standing and may not, during that period, use the title “Certified Municipal Court Administrator” or its abbreviation “C.M.C.A.”, Note:, Adopted June 15, 2007 to be effective September 1, 2007; paragraph (a) amended and paragraph (b) caption and text amended November 17, 2021 to be effective January 1, 2022. Part 1
- 1:41-6-Stay Following Final Determination of the Board 1:41-6 The Board may stay its revocation or suspension of certification, conditional accreditation, or accreditation on appropriate terms if respondent files a notice of petition for review to the Supreme Court. If the Board denies respondent’s request for a stay, it shall state its reasons for such denial and the application may be renewed before the Supreme Court, if the Court grants the petition for review., Note:, New R. 1:41-6 adopted (and former R. 1:41-6 redesignated as R. 1:41-8) September 13, 2011 to be effective immediately. Part 1
- 1:41-8-Immunity 1:41-8 Members of the Board and their lawfully appointed designees and staff shall be absolutely immune from suit, whether legal or equitable in nature, based on their respective conduct in performing their official duties. The Supreme Court shall request the Attorney General to represent the Board and its staff in all civil or criminal litigation in state or federal courts., Note:, Adopted as R. 1:41-6 June 15, 2007 to be effective September 1, 2007; renumbered as R. 1:41-8 September 13, 2011 to be effective immediately. Part 1
- 1:41-7-Confidentiality 1:41-7 The records of the Board are confidential to the extent provided by Rule 1:38, these Rules, or the Board's regulations., Note:, Adopted as R. 1:41-5 June 15, 2007 to be effective September 1, 2007; renumbered as R. 1:41-7 September 13, 2011 to be effective immediately. Part 1
- 2:7-4-Relief in Subsequent Courts 2:7-4 Except as provided in R. 2:7-2(b), with respect to the assignment of counsel, a person who has been granted relief as an indigent by any court shall be granted relief as an indigent in all subsequent proceedings resulting from the same indictment, accusation or criminal or civil complaint in any court without making application therefor upon filing with the court in the subsequent proceeding a copy of the order granting such relief or a sworn statement to the effect that such relief was previously granted and stating the court and proceeding in which it was granted. The filing of such order or statement shall be accompanied by an affidavit stating that there has been no substantial change in the petitioner's financial circumstances since the date of the entry of the order granting such relief., Note:, Amended July 13, 1994 to be effective September 1, 1994; amended July 28, 2004 to be effective September 1, 2004; amended July 22, 2014 to be effective September 1, 2014; amended August 5, 2022 to be effective September 1, 2022. Part 2
- Attorney Registration – Successor
- 2:8-1-Motions 2:8-1, Contents; Form of Brief and Appendix., Every motion shall be accompanied by a brief, conforming either to the requirements of R. 2:6-2(a) (formal brief) or (b) (letter brief), and by an appendix and shall be in the form and reproduced as provided by R. 2:6-10. The brief shall explain clearly the nature of the action, the relief the moving party seeks and why the moving party is entitled thereto. It may, for purposes of clarity, summarize pleadings and other undisputed papers or records which do not accompany the brief. The appendix shall include the judgment or order and the opinion or statement of findings and conclusions below and, where essential, the transcript of the testimony, depositions or other discovery, pleadings or other portions of the record, including the portions thereof upon which the movant should reasonably assume the opposing party will rely. If the transcript cannot be obtained in time for the motion, an affidavit may be filed in lieu thereof giving the substance of such testimony. If the motion is opposed, the opposing party shall file an answering brief setting forth with equal explicitness the grounds of opposition, annexing an appendix containing copies of any papers relied on which are not in the moving party's appendix. On motion for leave to appeal the brief shall include argument on the merits of the issues sought to be appealed. If no opposing brief is filed the court may consider the motion unopposed. Without leave of the court, which may be applied for ex parte, supporting and answering briefs shall not exceed 25 pages, exclusive of tables of contents, table of citations and appendix. , Time for Filing and Service; Copies; Argument., The moving party shall serve 2 copies of the moving papers on all other parties. In the Appellate Division, the original and 4 copies of the papers shall be filed with the Clerk of that court. In the Supreme Court, the original and 8 copies of the papers shall be filed with the Clerk of that court. Within 10 days after the service of the movant's papers, the opposing party shall serve and file the same number of papers in opposition. No other papers shall be filed by either party without leave of court. Motions shall not be argued unless the court directs oral argument. , Disposition., Unless the court otherwise directs, all motions in the Appellate Division shall be decided by a single judge except that motions for bail, stay of any order or judgment, summary disposition, and leave to appeal shall be decided by a panel of at least two judges. Insofar as practicable, motions for reconsideration and motions for counsel fees for work performed in the Appellate Division shall be decided by the judges who decided the original matter. , Order and Notice., Unless the court otherwise directs, upon determination of the motion the court or the clerk acting under its direction shall forthwith enter an order granting or denying the motion in accordance with the determination of the court and shall mail true copies thereof to counsel. , Fees., If the motion is the first paper filed in the appellate court by the moving party it shall be accompanied by the fee required by N.J.S.A. 22A:2., Note:, Source-R.R. 1:7-10(b), 1:11-1, 1:11-2(a) (b), 1:11-3, 2:11-1, 2:11-2, 2:11-3,4:61-1(c). Paragraph (a) amended, paragraph (c) adopted and former paragraph (c) redesignated (d) July 24, 1978 to be effective September 11, 1978; paragraph (b) amended and paragraph (e) adopted July 16, 1981 to be effective September 14, 1981; paragraph (c) and (d) amended November 1, 1985 to be effective January 2, 1986; paragraph (a) amended July 14, 1992 to be effective September 1, 1992; paragraph (c) amended July 12, 2002 to be effective September 3, 2002. Part 2
- 2:7-2-Assignment of Counsel on Appeal 2:7-2, Indictable Offenses., All persons convicted of an indictable offense who are not represented by the Office of the Public Defender and who desire to appeal, and who assert they are indigent, shall complete and file, without fee, with the court in which they were convicted, the appropriate form prescribed by the Administrative Director of the Courts, which shall be made available to them by the court in which they were convicted. They shall thereupon be referred to the Office of the Public Defender, which shall represent them on such appeal or review and on such subsequent post-conviction proceedings or appeal therein as would warrant the assignment of counsel. , Non-indictable Offenses., All persons convicted of a non-indictable offense who desire to appeal their conviction and who assert they are indigent, shall complete and file, without fee, with the trial court, the appropriate form prescribed by the Administrative Director of the Courts, which shall be made available to them by the court in which they were convicted. If the court is satisfied that they are indigent, it shall assign counsel to represent them on the appeal (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 persons are 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. , Review of Status as Prisoner., All persons seeking review of administrative proceedings concerning their status as prisoners and who assert they are indigent and are not represented by counsel shall file without fee with the Clerk of the Appellate Division a notice of appeal and a verified petition as required by R. 2:7-1. If they also request appointment of counsel, their verified petition shall include a detailed statement of the grounds upon which such request is made, including a statement of the facts and the issues giving rise to the appeal. If the Court is satisfied that they are indigent and constitutionally or otherwise entitled by law to counsel, it shall, as appropriate, either refer the matter to the Office of the Public Defender or assign other counsel to represent them on the appeal. , Responsibility of Counsel Assigned by the Trial Court for Non-Indictable Offenses., Assigned counsel representing a defendant in a non-indictable prosecution shall file an appeal for a defendant who elects to exercise the right to appeal. An attorney filing a notice of appeal shall be deemed the attorney of record for the appeal unless the attorney files with the notice of appeal a motion to be relieved as counsel and for the assignment of counsel on appeal., Note:, R.R. 1:2-7(b), 1:12-9(b) (d). Paragraph (c) adopted November 1, 1985 to be effective January 2, 1986; paragraph (a) amended, paragraph (b) caption and text amended, paragraph (c) adopted and former paragraph (c) redesignated paragraph (d) November 5, 1986 to be effective January 1, 1987; paragraphs (b) and (d) amended July 10, 1998 to be effective September 1, 1998; paragraphs (b) and (d) amended July 12, 2002 to be effective September 3, 2002; paragraph (d) amended June 15, 2007 to be effective September 1, 2007; paragraph (d) caption and text amended July 16, 2009 to be effective September 1, 2009; paragraph (b) amended July 22, 2014 to be effective September 1, 2014; paragraph (d) amended August 5, 2022 to be effective September 1, 2022. Part 2
- 2:8-3-Motion for Summary Disposition 2:8-3, Supreme Court., On an appeal taken to the Supreme Court as of right from a judgment of the Appellate Division, any party may move at any time following the service of the notice of appeal for a summary disposition of the appeal. Such motion shall be determined on the motion papers and on the briefs and record filed with the Appellate Division and may result in an affirmance, reversal or modification. The pendency of such motion shall toll the time for the filing of briefs and appendices on the appeal. The Supreme Court may summarily dispose of any appeal on its own motion at any time, and on such prior notice, if any, to the parties as the court directs. , Appellate Division., Any party to an appeal may move the Appellate Division for summary disposition in accordance with R. 2:8-1(a). Such motion shall demonstrate that the issues on appeal do not require further briefs or full record. The motion may be filed at any time after filing of the notice of appeal; provided, however, that the motion for summary disposition may not be filed, absent leave granted by the court, if 25 days have elapsed from the filing of all respondent briefs. The court may deny the motion; may grant it by affirming, reversing, or modifying the judgment or order appealed from on the record before it or on such further record as it may direct; or may take such other action in respect of limitation of the issues or otherwise as it deems appropriate. The court may summarily dispose of any appeal on its own motion at any time, and on such notice, if any, to the parties as the court directs, provided that the merits have been briefed. A motion for summary disposition shall toll the time prescribed by these rules for further perfection of the appeal., Note:, Source – Adopted December 21, 1971 to be effective January 31, 1972. Paragraph (a) designation added and paragraph (b) adopted July 24, 1978 to be effective September 11, 1978; paragraph (b) amended July 16, 1981 to be effective September 14, 1981; 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 (b) amended August 5, 2022 to be effective September 1, 2022. Part 2
- 2:7-5-Transcripts in Appeals by Indigent Defendants from Judgment of Conviction Entered on Trial de Novo 2:7-5 An indigent defendant appealing from a judgment of conviction by the Law Division entered on a trial de novo, who has been afforded or had a right to a transcript at public expense of municipal court proceedings pursuant to R. 3:23-8(a)(3), may be entitled to a transcript of the Law Division proceedings 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. 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 to 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, upon application, may determine whether to grant the motion for purposes of the appeal, irrespective of whether transcripts previously were provided in the case. If the trial court denies the application, it shall briefly state its reasons therefor, and the petition may be renewed within 20 days thereafter before the appellate court in accordance with R. 2:7-3., Note:, New Rule 2:7-5 adopted August 5, 2022 to be effective September 1, 2022. Part 2
- 2:8-2-Dismissal of Appeals: Order; Stipulation 2:8-2 The appellate court may at any time on its own motion or that of a party dismiss the appeal or petition for certification. Appeals and petitions for certification in class actions and in actions involving the status of minors shall not be dismissed without an order of the appellate court; all other appeals and petitions may be dismissed upon the filing of a stipulation by the parties agreeing thereto. An appellant may dismiss the appeal without consent at any time before the first brief on appeal is filed. Such dismissal shall be accompanied by a proof of service thereof on all respondents., Note:, Source-R.R. 1:4-1 (third sentence), 1:8-6, 1:10-6(a) (third sentence). Amended July 24, 1978 to be effective September 11, 1978; amended November 1, 1985 to be effective January 2, 1986. Part 2