Lost your case? Feel like justice failed you?
Do you want to understand the ins and outs of filing an Appeal?
Then read about filing or defending an appeal in New Jersey against a civil or administrative law decision with an experienced Appellate Law Attorney at Hanlon Niemann & Wright
Background Information About Filing an Appeal in New Jersey
You just received a terrible decision. The Judge was clearly wrong, or even worse, uninformed, unprepared, or biased against your case. Maybe your attorney let you down, or substantial evidence was not considered. Perhaps you failed to file an answer or complaint on time, and a default judgment has been entered, or your case was dismissed, and now you’re being subpoenaed to disclose your income and assets. What do you do?
First, take immediate action to protect your rights to appeal, then call Fredrick P. Niemann of Hanlon Niemann & Wright. The longer you delay, the less likely the appellate law attorneys at Hanlon Niemann & Wright are to assist you. Ask for Mr. Niemann personally at (732) 863-9900 or e-mail him at fniemann@hnlawfirm.com.
TESTIMONIAL
Fred is an amazing and dynamic person. I have attended a few of his workshops and CEU events over the years, and his interactive discussions have been both educational and entertaining. He is one of the few lawyers I do trust, and he does whatever he says he will do (Accountability). Whoever I have referred his way has always thanked me for connecting them, and this is why I continue to work w/ Fred—great person, excellent ethics, and very knowledgeable. I highly recommend him.
Steve Weiss, Regional Director of Professional Relations, Senior Bridge
How do you Appeal a Judgment or Court Decision? – First, You Must File a Notice of Appeal
An appeal from a judgment or decision of a New Jersey court begins by filing and then serving a Notice of Appeal from a final judgment entered by the trial court. The appeal must be served on all parties who appeared in the case and filed with each appropriate court with jurisdiction.
In addition to filing the notice of appeal, other filings are required under the New Jersey Rules of Court, including a Case Information Statement (CIS). If the appeal is taken directly from a decision or action of a governmental agency (i.e., NJ Department of Environmental Protection or Department of Treasury) or an officer of that agency, you must serve the Notice of Appeal to that agency and/or the designated official of that agency.
Complying with the Time Limitations Required by Court Rule or Statute for Filing an Appeal from a Judgment, Order, Decision, or other Action Taken.
An appeal from a final judgment or decision of a New Jersey court must generally be brought within 45 days of its entry. Appeals from final decisions or actions of state administrative agencies or officers must typically be taken within 20-45 days (the 20-45 day appeal period varies by state agency and department) from the date when you are notified of the decision or the action taken by the agency. The 20-45 day appeal period starts to run when the written judgment or order is entered. It generally does not begin on the date the judge’s oral or written opinion is issued. While court rules provide for a 45-day appeal period in Superior Court civil cases, a party may extend that period by filing a motion with the court.
NOTICE: THE TIME LIMIT(S) TO FILE AN APPEAL CAN VARY. Do not rely on the 20-45-day standard cited here. Instead, seek formal legal advice in writing by an attorney licensed in New Jersey.
Appeals from Final State Administrative Agency Decisions. Applicability of the 45-day rule. There is a significant distinction between government agencies and judicial decisions regarding the right to appeal. Quasi-judicial governmental agency actions are generally (but not always) subject to a 20-day or 45-day rule requiring a timely appeal. There is, however, no time limit for challenging the substantive (used here to generally describe the “legality and enforceability” of a state agency rule or regulation). Aside from the issue of characterizing whether the appeal is from a quasi-legislative or quasi-judicial judgment (which will not be discussed on this page), our courts have declined to impose the 45-day limit if the issue raised involves questions of constitutionality or an important public question.
Requesting an Extension of Time to File an Appeal When You are Late
The time within which an appeal may be taken can be extended by the court(s), but requires the filing of a timely motion to file a late appeal in accordance with the rules of court:
A showing of good cause and the absence of prejudice may allow for an extension of time to appeal for not more than 30 days, but only if the notice of appeal is served and filed within the time period granted by the appellate court.
Appeals to the Superior Court (Law Division) have tended to be considerably more lenient in recent years. However, “good cause” remains unlikely to include mere negligence or lack of attention to detail as a basis for an extension of time to appeal.
Not sure how or when you must file an appeal from a decision made in your case? Then contact Attorney Fredrick P. Niemann, Esq. at Hanlon Niemann & Wright.
Fredrick P. Niemann Esq.
Contact him personally today to discuss your appeal matter. He is easy to talk to, very approachable, and can offer you practical, legal ways to handle your concerns.
You can reach him at (732) 863-9900 or e-mail him at fniemann@hnlawfirm.com.