New Jersey Appellate Division Checklist For Preparation Of Brief
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FAQ
Although reply briefs are optional, it is generally advisable to file a reply brief lest the respondent's unanswered arguments take hold before oral argument is heard or the lack of a reply is viewed as a concession of the validity of those arguments.
A statement should be long enough to tell the judges or Justices what they need to know, and no longer. Sometimes that will mean four pages of a 50-page brief, and sometimes 20 or 25. In a case involving a plain legal issue, a short factual account may suffice, followed by a more elaborate legal analysis.
If you intend to appeal a decision of the family court you must normally do so within 21 days of the decision (unless the judge who gave the decision provided a different time limit). You need the court's permission to appeal. You can request permission from the judge who made the decision.
Once the appellate court files the record on appeal, you will have to prepare your brief. A "brief" is a party's written description of the facts in the case, the law that applies, and the party's argument about the issues on appeal. The briefs are the single most important part of the appellate process.
Frame the issue to maximize the persuasiveness of your argument. Simplify the issue and argument. Have an outstanding introduction. Tell a story. Don't argue the facts (unless absolutely necessary) Know the standard of review. Be honest and acknowledge unfavorable law and facts. Only present strong legal arguments.
Filing the Notice of Appeal. Abandonment or Settlement. Waiver of Fees. Designating the Record. Civil Case Information Sheet. Briefs. Oral Argument. The Court's Decision.
Notice of Appeal Form - Side One. Notice of Appeal Form - Side Two. Necessary Attachments to the Notice of Appeal. Court Transcript Request Form. Civil Case Information Statement Form. Criminal Case Information Statement Form. Notice of Motion Form.
Check Company Policy. Know Where to Send Your Letter. Use Business Letter Format. Use a Polite Tone. Admit Any Mistakes. State What You Would Like to Happen. Stick to the Facts. Keep it Brief.
After all, every appellate court has deadlines that are usually relatively short. In New Jersey, you will be given 45 days from the date of your sentence to seek appellate review of a Superior Court conviction. You get even less for a municipal court conviction: 20 days from the date of sentencing.