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When filing a New Jersey appeal, you need to know if you are filing an appeal as-of-right, an interlocutory appeal, or an emergent appeal. Lawyers and litigants oftentimes confuse the three types of New Jersey appeals.
A New Jersey appeal as-of-right is an appeal filed in the Appellate Division from a final decision or order from one of the trial divisions or an administrative agency. While there are exceptions, the New Jersey Rules of Court permit and appeal as-of-right (an automatic appeal if timely and properly filed) when there has been a decision that concludes all issues as to all parties. New Jersey lawyer Jeff Mandel handles appeals as-of-right for the Law Offices of Jeffrey S Mandel LLC.
A New Jersey interlocutory appeal is an appeal in a case prior to all issues as to all parties being decided. Appellate courts do not like to entertain interlocutory appeals, for good reason. The Supreme Court of New Jersey and the Superior Court of New Jersey, Appellate Division are very busy appellate courts. The caseload of New Jersey's appellate courts is enormous. To ask a court to squeeze in an isolated issue in a case that is not complete and which may eventually come out in favor of the party aggrieved by an interlocutory ruling is unfair and wasteful of judicial resources unless the issue is truly one deserving of immediate, appellate review.
New Jersey Court Rule 2:2-4 states, "Except as otherwise provided by R. 3:28, the Appellate Division may grant leave to appeal, in the interest of justice, from an interlocutory order of a court or of a judge sitting as a statutory agent, or from an interlocutory decision or action of a state administrative agency or officer, if the final judgment, decision or action thereof is appealable as of right pursuant to R.2:2-3(a), but no such appeal shall be allowed in cases referred to in R. 2:2-2(a).
New Jersey Appellate Court Rule 2:5-6 provides, "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." Jeff Mandel also handles interlocutory appeals, but you need to contact him quickly (firstname.lastname@example.org) because the time limits are short.
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