Appealing a Judgment to the New Jersey Supreme Court
The Complexities of Filing Appeals With the Supreme Court of New Jersey
An appeal to the Supreme Court of New Jersey can be made from a final judgment of an Appellate Court or lower court when: (1) the appeal was decided by the Appellate Division and it involves a substantial question under the Constitution of the United States or the State of New Jersey: or (2) Where there was a dissent filed by a judge in the Appellate Division; or (3) In cases where appeals to the Supreme Court are permitted by law.
Appeal as a Right from the Appellate Division Where There is a Substantial Constitutional Question Involved
New Jersey court rules expressly requires that a constitutional question decided by the Appellate Division be appealable to the NJ Supreme Court. The issue however must be a substantial constitutional one in order for the case to be appealable to the Supreme Court as of right. If there is a sufficient constitutional basis for an appeal, the Supreme Court may (but is not mandated to) consider all non-constitutional issues presented with the constitutional question.
Appeal as of Right from an Appellate Division Decision Where There is a Dissent
The right to appeal to the Supreme Court is limited only to the issue (s) to which the dissenting judge filed a written opinion. A different way to appeal is by certification to the Supreme Court. A petition for Certification must be sought as to all issues that were raised in the Appellate Division but were not the subject of a written opinion by the Appellate Court, or if the issues were the subject of a written opinion, they are deemed incorrect as a matter of law.
Fred is a very detailed person. He knows the law and uses it to the fullest to defend his client(s). I had the opportunity to work with Fred several times over the last 25 + years and have been very satisfied with his performance. I would have no reservations in retaining Fred for legal advice if and when the opportunity presented itself.
– Robert W. Bucco Jr
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