New Jersey Superior Court, Appellate Division
Encyclopedia
The New Jersey Superior Court, Appellate Division is the appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...

 in New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

.
The Appellate Division hears appeals from the Law and Chancery Divisions of the New Jersey Superior Court
New Jersey Superior Court
The Superior Court is the state court in the U.S. state of New Jersey, with state-wide trial and appellate jurisdiction. The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts...

, the Tax Court, and final decisions of State administrative agencies. The Appellate Division decides approximately 7,000 appeals and 7,500 motions each year.

Organization

The Appellate Division is divided into eight "parts" (designated "A" through "H") of four or five judges each. Judges are rotated among. Unlike the federal and some other state appellate courts, appeals are not allocated among the parts on a territorial basis and Appellate Division precedent is equally binding state-wide.

The Appellate Division consists of 35 judges in total. One of the judges on each part is designated as the presiding judge and there is an overall presiding judge for administration. Appeals are decided by a panel of two or three judges from the part to which the appeal is assigned. If the New Jersey Supreme Court
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...

 has less than five members available to hear a case, either because of vacancies or recusals, senior Appellate Division judges may be assigned to serve temporarily.

The Appellate Division has a central clerk's office that processes the filing of notices of appeal, briefs, motions and other papers. The chambers of the Appellate Division judges are located in Atlantic City
Atlantic City, New Jersey
Atlantic City is a city in Atlantic County, New Jersey, United States, and a nationally renowned resort city for gambling, shopping and fine dining. The city also served as the inspiration for the American version of the board game Monopoly. Atlantic City is located on Absecon Island on the coast...

, Hackensack
Hackensack, New Jersey
Hackensack is a city in Bergen County, New Jersey, United States and the county seat of Bergen County. Although informally called Hackensack, it was officially named New Barbadoes Township until 1921. As of the 2010 United States Census, the city population was 43,010....

, Jersey City
Jersey City, New Jersey
Jersey City is the seat of Hudson County, New Jersey, United States.Part of the New York metropolitan area, Jersey City lies between the Hudson River and Upper New York Bay across from Lower Manhattan and the Hackensack River and Newark Bay...

, Morristown
Morristown, New Jersey
Morristown is a town in Morris County, New Jersey, United States. As of the 2010 United States Census, the town population was 18,411. It is the county seat of Morris County. Morristown became characterized as "the military capital of the American Revolution" because of its strategic role in the...

, New Brunswick
New Brunswick, New Jersey
New Brunswick is a city in Middlesex County, New Jersey, USA. It is the county seat and the home of Rutgers University. The city is located on the Northeast Corridor rail line, southwest of Manhattan, on the southern bank of the Raritan River. At the 2010 United States Census, the population of...

, Newark
Newark, New Jersey
Newark is the largest city in the American state of New Jersey, and the seat of Essex County. As of the 2010 United States Census, Newark had a population of 277,140, maintaining its status as the largest municipality in New Jersey. It is the 68th largest city in the U.S...

, Trenton
Trenton, New Jersey
Trenton is the capital of the U.S. state of New Jersey and the county seat of Mercer County. As of the 2010 United States Census, Trenton had a population of 84,913...

, West Long Branch
West Long Branch, New Jersey
West Long Branch is a borough in Monmouth County, New Jersey, United States. As of the 2010 United States Census, the borough population was 8,097. It is the home of Monmouth University....

, and Westmont. Arguments are heard in courtrooms located in Atlantic City, Elizabeth
Elizabeth, New Jersey
Elizabeth is a city in Union County, New Jersey, United States. As of the 2010 United States Census, the city had a total population of 124,969, retaining its ranking as New Jersey's fourth largest city with an increase of 4,401 residents from its 2000 Census population of 120,568...

, Hackensack, Morristown, Newark
Newark, New Jersey
Newark is the largest city in the American state of New Jersey, and the seat of Essex County. As of the 2010 United States Census, Newark had a population of 277,140, maintaining its status as the largest municipality in New Jersey. It is the 68th largest city in the U.S...

, and Trenton.

Pre-appeal procedure

The Court has two programs which are designed to dispose of appeals without the need for a full appellate hearing.

Civil Appeals Settlement Program

For appeals of civil cases
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...

, the Civil Appeals Settlement Program is designed to identify appeals which could possibly be settled, at the initial phase of processing. Alternatively, appeals with very complex issues may be selected for a pre-argument conference, in order to delineate and clarify those issues prior to briefing.

Sentencing calendars

For appeals of criminal cases
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

, Sentencing Calendars were initially designed to dispose of those appeals in which the sole issue on appeal was the excessiveness of the sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...

imposed. The program has been expanded to include additional sentencing issues. Because of the narrow issues being addressed, appeals considered in this program are argued without the need for full briefing.

External links

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