NJ Appellate Law Blog

The Rollout of Electronic Filing in the Appellate Division

The Supreme Court has issued a Notice to the Bar, available here, that reveals the schedule for the introduction of electronic filing in the Appellate Division. Criminal appeals and motions...

The Appellate Division Will Now Strictly Enforce Certain Rules

In a Notice to the Bar, the Appellate Division has announced that, effective July 1, 2013, the Clerk's Office will begin "strictly enforcing" various time limitations and page restrictions of the Court Rules....

Fewer Trees Must Die, Says the Third Circuit

Yesterday, the Third Circuit issued an Order, which is effective tomorrow, May 1, that reduces the number of paper copies of briefs that must be filed. Currently, Local Appellate Rule...

Unnecessary Supersedeas Bond Legislation Redux

Yesterday, Senate Bill 2052 was proposed for introduction. The legislation would limit the amount of an appeal bond in civil actions to $50 million. This same legislation was proposed in 2012,...

Appellate Division Summer Parts

The list of summer Parts for the Appellate Division was just published and can be viewed here. It is a good thing to keep at hand as needed....

Is Mandatory Judicial Retirement at 70 Unconstitutional?

Article VI, section 6, paragraph 3 of the New Jersey Constitution provides that Justices of the Supreme Court and judges of the Superior Court "shall be retired upon attaining the...

Third Circuit Oral Arguments Continue to Decline

On February 14, this blog reported on an article documenting a substantial decline in oral arguments in appeals before the Third Circuit Court of Appeals. The statistics reported in that article...

Administratively Closing a Case is Not the Same as Dismissing the Case

Freeman v. Pittsburgh Glass Works, LLC, 709 F.3d 240 (3d Cir. 2013). This appeal involved plaintiff's assertion that an arbitration award should be vacated because the arbitrator was biased. The district court rejected that...

The Decline of Oral Argument in the Third Circuit Court of Appeals

Howard Bashman, who writes the How Appealing blog, has written a very instructive article about how oral argument in the Third Circuit has become increasingly rare since the court year that ended...

2011-2012 Appellate Division Statistics

At last night's NJSBA Appellate Practice Committee meeting, we heard a report on Appellate Division statistics for the preceding court year (the meeting was to have occurred in the fall...

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A Megan's Law Scoring Appeal for the Supreme Court

The Supreme Court announced that it has granted certification in In the Matter of the Registration of K.M. The question presented, as phrased by the Supreme Court Clerk's office, is "Can conduct committed by a co-conspirator be used to determine a Megan's Law registrant's score on factor two (degree of contact) of the Registrant Risk Assessment Scale?" The Law Division gave a factor two score of zero, but the Appellate Division, in an unpublished per curiam opinion by a two-judge panel, reversed and remanded the case for further proceedings....

Judge Gilson Reminds Us of Two Fundamental Class Action Principles

Paciorkowski v. Jetson Electric Bikes LLC, ___ N.J. Super. ___ (App. Div. 2026). Plaintiff, an attorney, filed a putative class action for consumer fraud and on other theories against defendant He alleged that he had purchased three electric bikes from defendant, that the bikes had several problems that made them essentially unusable by adults, and that New Jersey law effectively made the bikes illegal to use in New Jersey....

In Its First Week of Recess, The Appellate Division Issues Three Published Opinions

Though the Appellate Division's two-week recess means no oral arguments, that court has not been dormant. In the week just ending, the first of the two recess weeks, the Appellate Division issued three published opinions. Here are summaries:...

An Amendment to the Appellate Division's Guidelines for Entertaining Emergent Applications

On March 19, 2018, the Appellate Division issued guidelines setting forth the criteria considered by the court in reviewing applications for permission to file an emergent motion and offered examples of how those guidelines are applied. Yesterday, the Appellate Division issued an amendment that addresses the procedures for emergent applications after hours, on weekends, or on holidays....