R. 2:6-11. — Time for Serving and Filing Briefs; Appendices; Transcript; Other Permissible Submissions

a. Time Where No Cross Appeal Taken.

1. In the Appellate Division. Within ten days after the filing of a complete set of transcripts pursuant to R. 2:5-3(e), the appellant shall file three additional copies with the clerk, as provided by R. 2:6-12(d), and shall serve the transcript as provided by R. 2:6-12(a). Except as otherwise provided by R. 2:9-11 (sentencing appeals), the appellant shall serve and file a brief and appendix within 45 days after the delivery to appellant of the transcript, if a verbatim record was made of the proceedings below; or within 45 days after the filing of the settled statement of the proceedings, if no verbatim record was made of the proceedings below; or within 45 days of the filing of the notice of appeal if a transcript or settled statement has been filed prior to a filing of the notice of appeal or if no transcript or settled statement is to be filed; or, on an appeal from a state administrative agency, within the time stated above or within 45 days after the service of the statement of the items comprising the record on appeal required by R. 2:5-4(b), whichever is later. The respondent shall serve and file an answering brief and appendix, if any, within 30 days after the service of the appellant’s brief. The appellant may serve and file a reply brief within 14 days after the service of the respondent’s brief.

2. In the Supreme Court; Merits Briefing. A. Upon the Court taking an appeal, the parties shall file briefs on the merits of the appeal, which will supersede all briefs previously filed with the Court in the matter. The parties’ merits briefs must set forth the parties’ arguments on all questions raised in the appeal, and conform to the format, contents, and length set forth in R. 2:6. B. Unless otherwise directed by the Court, the appellant shall file a brief on the merits of an appeal within forty (40) days of the Court’s order taking the appeal (except for appeals taken pursuant to Rule 2:12-2), or, where an appeal is taken as of right, within forty (40) days of the Notice of Appeal as of Right. The respondent shall file a brief on the merits of an appeal within thirty (30) days after the brief for the appellant is filed. The appellant may file a reply brief within twenty-four (24) days after the brief for the respondent is filed. The reply brief of no more than fifteen (15) pages should address the points set forth in the respondent’s brief as well as the merits of any proposed amicus submissions filed pursuant to Rule 1:13-9. Also within twenty-four (24) days after the brief for the respondent is filed, the respondent may file a brief of no more than fifteen (15) pages on the merits of any proposed amicus submissions filed pursuant to Rule 1:13-9.

b. Time Where Cross Appeal Taken.

1. In the Appellate Division. Except as otherwise provided by R. 2:9-11 (sentencing appeals), if a cross appeal has been taken, the party first appealing, who shall be designated the appellant/cross respondent, shall serve and file the first brief and appendix within 30 days after the service of the notice of cross appeal or within the time prescribed for appellants by R. 2:6-11(a), whichever is later. Within 30 days after the service of such brief and appendix, the respondent/cross appellant shall serve and file an answering brief and appendix, if any, which shall also include therein the points and arguments on the cross appeal. Within 30 days thereafter, the appellant/cross respondent shall serve and file a reply brief, which shall also include the points and arguments answering the cross appeal. Within 14 days thereafter, the respondent/cross appellant may serve and file a reply brief, which shall be limited to the issues raised on the cross appeal.

2. In the Supreme Court. If a timely Notice of Cross- Appeal or Notice of Motion to Cross-Appeal is filed, the time for filing merits briefs on appeal in the Supreme Court shall be tolled pending the issuance of an omnibus briefing schedule addressing the issues on the appeal and cross-appeal, or, if leave to cross-appeal is denied, the briefing schedule shall resume upon the filing of the order denying leave to cross-appeal.

c. Scheduling Order. The time provisions of this rule notwithstanding, the court may enter a separate scheduling order in any case on appeal.

d. Permissible Submissions. No briefs other than those permitted in paragraphs (a) and (b) of this rule shall be filed or served without leave of court, except that:

1. A party may, without leave, serve and file a letter calling to the court’s attention, with a brief indication of their significance, relevant published opinions issued, or legislation enacted, or rules, regulations, and ordinances adopted, subsequent to the filing of the brief. Unpublished opinions shall not be submitted pursuant to this rule, unless they are of a type that the reviewing court is permitted under R. 1:36-3 to cite in its own opinions. Any other party to the appeal may, without leave, file and serve a letter in response thereto within five days after receipt thereof. The initial letter and subsequent responses shall not exceed two pages in length without leave;

2. In criminal, quasi-criminal, and juvenile matters the appellant shall by letter advise the court of any change in the custodial status of a defendant, juvenile, or other party subject to confinement, during the pendency of the appeal; and

3. In appeals involving Division of Child Protection and Permanency matters, the appellant or respondent shall by letter advise the court of any change in the placement status of the child during the pendency of the appeal.

e. Motions that Toll the Time for Serving and Filing Briefs in the Appellate Division.

1. Subject to subparagraph (e)(2) of this rule, in addition to the filing of those motions that toll the time for the filing of briefs and appendices as provided by R. 2:5-5(a) and R. 2:8-3(b), the time for the filing of briefs and appendices will be tolled by the filing of a motion:

a. to correct or supplement the record in trial court, administrative agency or Appellate Division;

b. for summary disposition pursuant to R. 2:8-3(b);

c. to strike the entirety or portions of a brief or appendix;

d. to dismiss the appeal;

e. for final remand;

f. to stay appellate proceedings; and

g. to file an overlength merits brief.

2. The time for the filing of briefs and appendices will not be tolled if the party filing the motion under subparagraph (e)(1) was previously granted one or more prior extensions of time to file its brief and appendix. In that event, the party seeking the tolling of the time to file a brief and appendix shall be required to file a separate motion seeking an extension.

3. If the time to file a brief and appendix is tolled by the filing of a motion, the remaining time shall begin again to run from the date of entry of an order disposing of the motion, unless otherwise directed by the court.