Free 10502 Appellate Notice of Appeal - New Jersey

Instructions for Filling Out Forms in the Appellate Division
The purpose of the following instructions is to indicate what is to be entered in each section of various forms used in the Appellate Division and what documents must accompany the forms. Enclosed are copies of the forms with each section numbered. That number corresponds with the number under the instructions for filling out that specific form. Please print or type the information on the forms which are enclosed. Notice of Appeal Form 1. Enter the complete caption or title of the case exactly as it appears on the papers from the trial court or State agency from which you are appealing. Enter your name, address, including any email address, and daytime telephone number. If you are not an attorney at law admitted to practice in the State of New Jersey, you may not represent any person other than yourself. Enter the name of the judge whose judgment or order you are appealing. Enter the name of the trial court from which this case originates (for example, "Superior Court, Law Division, Essex County", or "Superior Court, Family Part, Mercer County", or "Tax Court"). If the appeal is from a final decision of a State agency, enter the name of the agency. In civil cases, enter the trial court docket number. In criminal cases, enter the complaint, accusation or indictment number(s). If a municipal appeal, enter the Law Division docket number. In agency matters, enter the number assigned by the agency. Enter your name. Check the appropriate box or boxes. Enter the date of the judgment, order or agency decision appealed from. If you are appealing the entire judgment, order or agency decision, leave this space blank. If appealing only a part or several parts, specify in this space. If all issues as to all parties are disposed of in this action in the trial court or agency, check "Yes". If all issues as to all parties are not disposed of, check "No". If you check "No", you should not be filing a notice of appeal, but rather a motion for leave to appeal, unless the answer to the next question, whether there is a certification of final judgment entered pursuant to Court Rule 4:42-2, is "Yes". Only complete this section if the case is criminal, quasi criminal or juvenile action. (A) Give a concise statement of the offense and the judgment including the date entered and any sentence or disposition imposed. Check the appropriate box indicating what the appeal is from. If from a post-conviction relief, indicate if it is a 1st, 2nd or other.

2.

3. 4.

5.

6. 7.

8.

9.

10.

(B)

Revised Effective: 09/01/2008, CN: 10502-English (Notice of Appeal)

page 1 of 3

(C)

Indicate whether you are incarcerated and if bail or a stay was granted. If in custody, enter the name and full address of the facility or institution at which you are confined. Be sure to include any inmate identification number assigned to you. Check the appropriate box indicating who represented you below.

(D) 11.

Pursuant to Court Rule 2:5-1, a notice of appeal must be served upon a number of individuals. Enter the names, date of service and other information requested. Pursuant to Court Rule 1:5-2, service may be made by personal delivery of the papers, by ordinary mail or by certified or registered mail return receipt requested. As discussed elsewhere in this pro se kit, the transcript of the proceedings of the trial court or state agency from which you are appealing must be ordered. As appellant, you must order the transcript and complete this section of the notice of appeal. Enter the names of the persons on whom you served the court transcript request form(s), the date of service and the amount of deposit paid. You need not order nor pay a deposit for the transcript at the time of filing the notice of appeal if any of the conditions enumerated in this section apply. If applicable, check the appropriate box. If none of the four statements in this section applies to your case, you should leave this section blank. No Verbatim Record This means that during the proceedings in the trial court or agency from which you are appealing, there was no court reporter present, no tape recorder that was sound recording, nor any other verbatim record of the proceedings being made. Transcript in Possession of Attorney or Pro Se Litigant This means that either you or an attorney representing another party have already obtained the transcript. In these instances, it will not have to be reordered as a new transcript. As you are the appellant, however, it will be your responsibility to have sufficient copies made of the transcript for filing and service. If the transcript is in the possession of another person, you will be responsible for making arrangements to obtain it from that person, or obtain a copy from the person who produced the transcript. List the date(s) of the trial or hearing. Motion for Abbreviation of Transcript Filed with the Court or Agency Below In lieu of a transcript of the entire proceedings in the trial court or agency, the transcript may be abbreviated by either the consent of all parties or by a motion to the trial court or agency. See the Appellate Division Practice Checklist and Court Rule 2:5-3(c) for more information. If you have filed a motion for abbreviation of the transcript, a copy of that motion must be attached to your notice of appeal. As the person who filed the motion with the trial court or agency, it is your responsibility to keep the Clerk's office informed as to the status of that motion and to obtain a copy of the decision deciding same. Motion for Free Transcript Filed with the Court Below If you have filed a motion for free transcript with the trial court, a copy of that motion must be attached to your notice of appeal. As the person who filed the motion with the trial court, it is your responsibility to keep the Clerk's office informed as to the status of that motion and to obtain a copy of the order deciding same. Please refer to the cover letter of this pro se kit and the Appellate Division Practice Checklist for more information.

12.

13.

Revised Effective: 09/01/2008, CN: 10502-English (Notice of Appeal)

page 2 of 3

14. 15.

Enter the date on the line. Sign your name on the line.

Necessary Attachments to the Notice of Appeal The notice of appeal that you mail or deliver to the Clerk's office for filing, and which you serve on the other parties and individuals, must have a transcript request form and a case information statement attached. (1) Transcript Request Form(s). One copy of a transcript request form for each individual court reporter must be attached to your notice of appeal. In the case of sound recording, one copy of the transcript request form to the clerk of the trial court or agency from which this appeal is being taken must be attached to your notice of appeal. The check in payment of the deposit is not mailed to the Clerk's office, but is to be sent by you to the court reporter or, in the case of sound recording, to the clerk of the trial court or agency. If, as discussed elsewhere in this pro se kit, you can not afford the transcript, your notice of appeal should be accompanied by a copy of the motion for free transcript you filed in the trial court, or by a copy of the motion for abbreviation of transcript filed in the trial court or agency. If you are filing a motion for free transcript in the Appellate Division, you must include with your notice of appeal an original and four copies of your motion, made pursuant to Court Rule 2:8-1. Case Information Statement. If your case is a civil matter, you must complete and sign a civil case information statement. If criminal, quasi-criminal or juvenile action, you must complete and sign a criminal case information statement. A copy of the judgment or order of the trial court or decision of the State agency, which is the subject of the appeal, should be attached to your case information statement.

(2)

Revised Effective: 09/01/2008, CN: 10502-English (Notice of Appeal)

page 3 of 3

Print Form New Jersey Judiciary

Clear Form

Superior Court - Appellate Division
NOTICE OF APPEAL
Type or clearly print all information. Attach additional sheets if necessary. TITLE IN FULL (AS CAPTIONED BELOW): ATTORNEY / LAW FIRM / PRO SE LITIGANT NAME

(2)

(1)

STREET ADDRESS

CITY

STATE

ZIP

PHONE NUMBER

EMAIL ADDRESS

ON APPEAL FROM TRIAL COURT JUDGE

(3)

TRIAL COURT OR STATE AGENCY

(4)

TRIAL COURT OR AGENCY NUMBER

(5)

Notice is hereby given that (6) ____________________________________ appeals to the Appellate
(7)

Division from a Criminal or

Judgment or

Order entered on ______________________ in the

Civil

Family Part of the Superior Court or from a

State Agency decision entered on

_______________.
(8)

If not appealing the entire judgment, order or agency decision, specify what parts or paragraphs are being appealed.

(9)

Have all issues, as to all parties in this action, before the trial court or agency been disposed of? (In consolidated actions, all issues as to all parties in all actions must have been disposed of.) If not, has the order been properly certified as final pursuant to R. 4:42-2? For criminal, quasi-criminal and juvenile actions only: Yes No Yes No

(10A)

Give a concise statement of the offense and the judgment including date entered and any sentence or disposition imposed:

(10B)

This appeal is from a

conviction 1st Yes

post judgment motion 2nd No Yes

post-conviction relief.
specify

If post-conviction relief, is it the
(10C)

other _________________________

Is defendant incarcerated?

Was bail granted or the sentence or disposition stayed?
(10D)

No

If in custody, name the place of confinement:

Defendant was represented below by: Public Defender
Revised effective 9/01/2008

self

private counsel ______________________________________________
specify
Page 1 of 2

(11)

Notice of appeal and attached case information statement have been served where applicable on the following: Name Trial Court Judge Trial Court Division Manager Tax Court Administrator State Agency Attorney General or Attorney for other Governmental body pursuant to R. 2:5-1(a), (e) or (h) Other parties in this action: Name and Designation Attorney Name, Address and Telephone No. Date of Service Date of Service

(12) Attached transcript request form has been served where applicable on the following:

Name Trial Court Transcript Office Court Reporter (if applicable) Supervisor of Court Reporters Clerk of the Tax Court State Agency

Date of Service

Amount of Deposit

(13)

Exempt from submitting the transcript request form due to the following: No verbatim record. Transcript in possession of attorney or pro se litigant (four copies of the transcript must be submitted along with an electronic copy). List the date(s) of the trial or hearing:

Motion for abbreviation of transcript filed with the court or agency below. Attach copy. Motion for free transcript filed with the court below. Attach copy.

I certify that the foregoing statements are true to the best of my knowledge, information and belief. I also certify that, unless exempt, the filing fee required by N.J.S.A. 22A:2 has been paid.

(14)
DATE

(15)
SIGNATURE OF ATTORNEY OR PRO SE LITIGANT

Page 2 of 2