Lost your case? Feel like justice failed you?
Do you want to understand the ins and outs of filing an Appeal?
Then read about appeals in New Jersey from an experienced Appellate Attorney at Hanlon Niemann & Wright
Written by Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a New Jersey Appeals Court Attorney
Background Information About Filing an Appeal in New Jersey
You just got a really bad decision. The Judge was clearly wrong, or even worse uninformed, unprepared or biased against your case. Maybe your attorney let you down or important evidence was not considered. Perhaps you failed to answer a complaint or lawsuit against you in time and now a judgment has been entered and you’re being subpoenaed to disclose your income and assets. What do you do?
First thing, call Fredrick P. Niemann of Hanlon Niemann and take immediate action to protect your rights to appeal. The longer you delay, the less the appellate attorneys at Hanlon Niemann can help you. Ask for Mr. Niemann personally toll-free at (855) 376-5291 or e-mail him at email@example.com.
Fred is an amazing and dynamic person. I have attended a few of his work shops and CEU events over the years and his interactive discussions have been both educational and entertaining. He is one of the few lawyers out there that I do trust and does whatever he says he is going to (Accountability) who ever 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 is first taken by filing and then serving a Notice of Appeal from the final judgment. The appeal has to be served upon all the parties who appeared in the case and also by filing the Notice of Appeal with the appropriate court.
In addition to filing the notice of appeal there are other filings required by New Jersey Court Rules including a Case Information Statement (CIS), etc. If the appeal is taken directly from a decision or action of governmental agency (ie., 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 or the official of that agency.
Complying with the Time Limitations Required by Court Rule for Filing an Appeal from a Judgment, Order, Decision, or other Action Taken.
An appeal from a final judgment of a New Jersey court, or an oral decision without a written decision by a judge must generally be brought within 45 days of its entry. Appeals from final decisions or actions of state administrative agencies or officers must also be taken within 45 days from the date when you are notified of the decision or the action taken by the agency. The 45 day appeal period starts to run when the judgment or order is entered. It generally does not start on the date the oral or written opinion was decided. While court rule(s) provides for a 45day period of appeal in civil cases, that time period is subject to being reduced, or extended on application to the court by a party.
NOTICE: THE TIME LIMITS TO FILE AN APPEAL CAN VARY. Do not rely on the 45 days cited here. Instead, seek legal advice 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 certain types of government agency decisions and judicial decisions in terms of the right to appeal. Quasi-judicial agency actions are generally (but not always) subject to the 45 day rule which requires a timely filing of an appeal. There is, however no time limit to challenge the substantive validity of a New Jersey 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 here, our courts have declined to impose the 45 day limit if the issue raised involves “questions of constitutionality and the public interest.
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 but requires the filing of a timely motion to file a late appeal in accordance with the following: To an appellate court (including the Superior Court – Law Division), a showing of good cause and the absence of prejudice may extend the time for an appeal for not more than 30 days, but only if the notice of appeal is served and filed within the time as extended. Appeals to the Superior Court (Law Division) have tended to be considerably more lenient in recent years although “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 an experienced New Jersey Appeal attorney Fredrick P. Niemann at Hanlon Niemann.
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 toll free at (855) 376-5291
or e-mail him at
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