R. 2:5-1. — Notice of Appeal; Order in Lieu Thereof; Case Information Statement

a. Commencing the Appeal. An appeal from the final judgment of a court is taken by filing with the court from which the appeal is taken and the appellate court, and serving those identified in paragraph (b) of this rule with:

1. a notice of appeal in the format required by paragraph (f) of this rule;

2. a transcript request form in the format required by paragraph (g) of this rule or the certifying of compliance with R. 2:5-3(c); and

3. a case information statement in the format required by paragraph (h) of this rule.

b. Service. The notice of appeal, transcript request form, and case information statement must be served on all other parties who have appeared in the action and when applicable, the following:

1. in adult criminal matters, the Appellate Section of the New Jersey Division of Criminal Justice. When bail pending appeal is sought, the party seeking bail shall present to the sentencing judge a copy of the notice of appeal with a certification that the original has been filed with the appellate court.

2. in juvenile delinquency matters, on the county prosecutor within three days after the filing of the appeal.

3. in administrative appeals, on the Attorney General and all other interested parties, in the manner prescribed by R. 4:4-4(a)(7), except in workers’ compensation appeals the Attorney General shall not be served unless representing a party to the appeal.

4. in appeals challenging the validity of a federal, state, or local enactment, the party raising the question shall serve the appropriate official as provided by R. 4:28-4, and the Attorney General, unless they are already a party to the appeal or have received notice of the action in the court below.

c. Notice to Trial Judge or Agency.

1. The appellant must provide a copy of the notice of appeal, transcript request form, and case information statement to the trial judge or the administrative agency or officer who rendered the decision under review. If the appeal is taken from the Division of Workers’ Compensation, a copy shall also be sent to the workers’ compensation judge who decided the matter.

2. The appellate court shall have jurisdiction of the appeal notwithstanding a failure to comply with paragraph (c)(1) of this rule.

d. Trial Judge or Agency Amplification. Within 30 days of receipt of the notice of appeal, or an order in lieu of notice of appeal as described in paragraph (f)(4) of this rule, the trial judge, agency or officer who entered the order or judgment under review, may file and send to the clerk of the appellate court and the parties an amplification of a prior written or oral statement, opinion or memorandum. If oral, the amplification shall be recorded pursuant to R. 1:2-2. If there is no such oral or written statement, opinion or memorandum, the trial judge, agency or officer shall within 15 days file with the clerk of the appellate court and send to the parties a written opinion stating findings of fact and conclusions of law.

e. Respondent. The respondent shall file a case information statement within 15 days after service of the notice of appeal.

f. The Notice of Appeal.

1. A notice of appeal to the Appellate Division may be in the form prescribed by the Administrative Director of the Courts as set forth in Appendix IV of these Rules. The use of that form shall be deemed to be compliance with the requirements of paragraph (f) (2). A notice of appeal to the Supreme Court shall meet the requirements of paragraph (b) regarding the service of the notice, paragraph (f)(2), and the rules applicable to the payment of fees.

2. Contents and Requirements of Notice of Appeal.

1. In all appeals, the notice of appeal shall set forth the name, street address, and email address of the party taking the appeal, of all other parties to the action and to the appeal, and of counsel, if any. In all appeals, the notice of appeal shall certify service of a copy thereof on all parties, including when applicable those persons or parties identified in paragraph (b).

2. In civil actions, the notice of appeal shall contain the information set forth in subparagraph (i) and shall also designate the judgment, decision, action, or rule, or part thereof, appealed from, the name of the judge who sat below, and the name of the court, agency, or officer from which and to which the appeal is taken.

3. An criminal, quasi-criminal, and juvenile delinquency actions, the notice of appeal shall comply with subparagraph (i) and shall also include a concise statement of the offense and of the judgment, giving its date and any sentence or disposition imposed; the place of confinement, if the defendant is in custody; the name of the judge who sat below; and the name of the court from which and to which the appeal is taken.

3. Certification of Compliance. The notice of appeal shall certify compliance with paragraphs (g) and (h) or certify the reasons for exemption from compliance.

4. Order in Lieu of Notice of Appeal. An order of the appellate court granting an interlocutory appeal or, on an appeal by an indigent, waiving the payment of filing fees shall serve as the notice of appeal if no notice of appeal has been filed, and, except as otherwise provided by R. 2:7-1, the date of the order shall be deemed to be the date of the filing of the notice of appeal for purposes of these rules. Within 10 days of the entry of such order, the appellant must file and serve the case information statement in accordance with paragraphs (b) and (h) of this rule. Upon the entry of such order the appeal shall be deemed pending, and the appellant, or the clerk of the appellate court if the appellant appears pro se, shall forthwith so notify: all parties or their attorneys; the clerk of the court or state administrative agency or officer from which the appeal is taken; and the trial judge if the appeal is from a judgment or order of a trial court sitting without a jury or, if in an action tried with a jury, the appeal is from an order granting or denying a new trial or a motion for judgment notwithstanding the verdict.

g. The Transcript Request Form. The request for transcript shall be in a form prescribed by the Administrative Director of the Courts. Except as otherwise provided by R. 2:5-3(c), if a verbatim record was made of the proceedings before the court, agency, or officer from which the appeal is taken, the appellant shall, no later than the time of the filing and service of the notice of appeal, serve a request for the preparation of the transcript.

1. The transcripts necessary shall be ordered by serving the request on the Appellate Division transcript unit by email to appeal-trans.mailbox@njcourts.gov; on the clerk of the court if the appeal is from a judgment of the Superior Court, the Tax Court, or a municipal court; or on the agency or officer if the appeal is from administrative action. The request for transcript shall state the name of the judge or officer who heard the proceedings, and the date or dates of the trial or hearing.

2. Compliance with the obligation to order the transcripts necessary for the appeal is satisfied where the notice of appeal states that the transcripts are in appellant’s possession and will be filed with the appellate court or that they already are on file with the appellate court.

3. If a cross-appeal requires the preparation of a transcript not encompassed by the appellant’s obligation to obtain and file transcripts pursuant to this rule, the appellant/cross respondent shall be responsible for ordering and filing and serving the transcript.

h. The Case Information Statement.

1. The Case Information Statement shall be in the form prescribed by the Administrative Director of the Courts as set forth in Appendices VII and VIII to these Rules (civil and criminal appeals, respectively). The appellant’s Case Information Statement shall have annexed to it a copy of the final judgment, order, or agency decision appealed from except final judgments entered by the clerk on a jury verdict.

2. All parties to the appeal have a continuing obligation to file an amended Case Information Statement in the event there is any change with respect to any entry on the filed Case Information Statement.

3. Any deficiencies in the completion of the Case Information Statement and any failure to comply with the obligation to file and seasonably amend a Case Information Statement, shall be grounds for such action as the appellate court deems appropriate, including rejection of the notice of appeal or, on application of any party or on the court’s own motion, dismissal of the appeal.