EZRCP · New Jersey · Part 4 - Civil Practice · R. 2:11-1

R. 2:11-1. — Appellate Calendar; Oral Argument

New Jersey · Part 4 - Civil Practice

Open on EZRCP

Rule text

a. Calendar. The clerk of the appellate court shall enter all appeals upon a docket in chronological order and, except for appeals on leave granted or from orders made appealable as of right pursuant to subparagraphs (5), (6), (8), and (9) of R. 2:2-3(b) which shall be entitled to a preference, cases shall be argued or submitted for consideration without argument in the order of perfection, insofar as practicable, unless the court otherwise directs with respect to a category of cases or unless the court enters an order of acceleration as to a particular appeal on its own or a party’s motion.

b. Oral Argument.

1. Supreme Court. In the Supreme Court, appeals shall be argued orally unless the court dispenses with argument.

2. Argument Time Line in the Appellate Division.

a. Appeals shall be submitted for consideration without argument, unless argument is requested by one of the parties or unless the court deems oral argument appropriate.

b. A party’s request for oral argument must be submitted, by way of a separate filing, to the clerk no later than 14 days after service of the respondent’s brief. If one of the parties has filed a timely request for oral argument, the other parties may rely upon that request and need not file their own separate requests for argument.

c. A party may withdraw its request for oral argument only if it has the consent to do so from all other parties participating in the appeal.

d. When oral argument is timely requested or when it is scheduled by the court when the parties have not requested oral argument, the clerk shall notify counsel of the assigned argument date.

3. Details; Sequence; Time; Number of Attorneys. A party who has neither filed a brief nor joined in another party’s brief shall not be permitted to argue. The appellant shall be entitled to open and conclude argument. An appeal and cross appeal shall be argued together, the party first appealing being entitled to open and conclude, unless the court otherwise orders. Unless the court determines more time is necessary, each party will be allowed 30 minutes for argument in the Supreme Court and 15 minutes in the Appellate Division, but the court may terminate the argument at any time it deems the issues adequately argued. No more than two attorneys will be heard for each party in the Appellate Division, and one attorney will be heard for each party in the Supreme Court, unless the Court otherwise orders. An advocate will not be permitted to read at length from the briefs, appendices, transcripts or decision.

Notes

Note: Source - R.R. 1:8-1(a) (b), 1:8-2(a), 1:8-3, 1:8-4, 2:8-3. Amended July 7, 1971 to be effective September 13, 1971; paragraph (b) amended June 29, 1973 to be effective September 10, 1973; paragraph (b) amended November 1, 1985 to be effective January 2, 1986; paragraph (b) amended November 5, 1986 to be effective January 1, 1987; paragraph

(a) amended November 2, 1987 to be effective January 1, 1988; paragraph (a) amended June 28, 1996 to be effective September 1, 1996; paragraph (a) amended July 5, 2000 to be effective September 5, 2000; paragraph (a) amended July 19, 2012 to be effective September 4, 2012; paragraph (b) amended July 22, 2014 to be effective September 1, 2014; paragraph (b)(3) amended July 27, 2018 to be effective September 1, 2018; paragraph (a) amended, paragraph (b) amended and subparagraph captions added August 5, 2022 to be effective September 1, 2022.