New Jersey Courts
The New Jersey court structure comprises three levels: the Supreme Court, Appellate Court Division, and the Superior Courts. Other courts in New Jersey are the Tax Courts, County Courts, and Municipal Courts. There are also federal appellate courts that attend to federal cases on behalf of the federal judiciary in the state.
Most cases in New Jersey originate at the Municipal court. The court is considered a court of limited jurisdictions because of its responsibility for minor offenses, such as motor vehicle and parking offenses. Serious cases like robbery start as a complaint at a Municipal Court before it is transferred to a Superior Court. Superior Courts have three divisions, the Appellate court division, the Law And Chancery divisions. The Appellate Court is the intermediate appellate court, while the law and chancery division functions as a Trial Court. Appeals may be taken to the Superior Court's Appellate division from the law and chancery divisions (Trial courts). The Governor appoints judges of the Superior Court to serve an initial tenure of seven years and will serve till 70 years old if reappointed.
Cases from the Superior Courts may be taken to the highest appellate court in the state, the Supreme Court. The Supreme Court has seven justices, including the chief justice. The Tax Court hears appeals from decisions made by the county Board of Taxation or the Director of the Division of Taxation. The court hears matters regarding state income, salaries, and business taxes. Appeals from the decision of the Tax Court are heard at the Appellate Division of the Superior Court.
Along with the judicial branch, the New Jersey executive and legislative branches oversee the enactment and enforcement of laws in the state. Each court operates an administrative office that maintains official accounts of judicial proceedings and disseminates New Jersey court records to members of the public.
What is the New Jersey Supreme Court?
The New Jersey Supreme Court is the highest Appellate court in the state, which means that it has the final judicial authority on all state's justice system cases. The Supreme Court does not have original jurisdiction; it only hears cases of appeal from the Appellate court. The Supreme Court is authorized to review decisions of the state's Appellate Court division and, on rare occasions, cases from other court's judicial and administrative systems. The court has the authority to amend the court rules and regulate the practice of law. Regular sessions of the Supreme Court are conducted in Trenton, New Jersey.
New Jersey Courts of Appeals
The Appellate Court Division in New Jersey is the state's intermediate appellate court. It is below the Supreme Court. The court hears cases from the Trial Courts, the Tax Court, and State administrative agencies.
The Appellate Court is divided into eight parts, with four to five Judges assigned to each. The Appellate Division judges hold chambers in Atlantic City, Hackensack, Jersey City, Morristown, New Brunswick, Newark, Trenton, West Long Branch, and Westmont. The court holds sessions in Trenton, Morristown, and Hackensack.
New Jersey Superior Courts
The Superior Courts in New Jersey consist of three divisions, the Appellate, Law, and Chancery divisions. The Law and Chancery divisions are the trial courts, while the Appellate Court is the appeal court. The trial courts operate at the local level under the direct local supervision of a Deputy Clerk of Superior Court. Superior Court rulings may be appealed to the appellate court division.
Each division in the Superior Court is divided into various parts. The law division and chancery division of the Superior Court are the principal trial courts of New Jersey. They are located within the court's various judicial geographic units, called 'vicinages.':
Most Superior Courts have units dedicated to handling probate, juvenile, family, small claims, mental health, and traffic cases. These Courts also have specialty departments that specialize in handling non-violent drug offenses and domestic violence cases.
What are Appeals and Court Limits in New Jersey
Individuals may appeal the decision made by a lower court in the Appellate court of New Jersey or the highest appellate court, the Supreme Court. The first step to start an appeal process is to file a Notice of Appeal or a Motion for Leave to File an Appeal.
A Notice of Appeal is filed after a judgment or decision has been entered by the lower court. Contrastingly, a Motion for Leave to File an appeal is filed when the court has not decided judgment. This is known as an interlocutory appeal. An interlocutory appeal is generally disfavoured as it is an unusual type of appeal. Usually, these appeals are accepted by the appellate court if the issue is dispositive to the entire case. For example, if the trial court rules on certain evidence's admissibility during the case, one of the parties decides to counter such decisions. Filing either notice of appeal or motion for leave to appeal is necessary. It notifies the Appellate Court and the opposing parties of an appellant's intentions to have the Appellate court review the trial court's decisions for errors of law.
The time limit for filing a Notice of Appeal in the New Jersey Appellate division court is within 45 days after a trial court clerk delivers the appellant a copy of the judgment stamped "Filed," or a notice that the judgment has been entered in their case. The time limit for filing an interlocutory appeal is within 20 days of the trial court's order being questioned by the appellant.
The appellant is required to file a Notice of Appeal with the Appellate Civil Case Information statement or Criminal case information statement and pay the filing fees. The following documents must also be included when filing for an appeal:
- Transcript request form This is a request for the written record of the trial court proceedings. This will help the Appellate Judge to know what was discussed in the former court.
- The Appellant Brief and Appendix - This is due within 45 days from the filing of the Notice of Appeal appeal in the appellate division (for both civil and criminal cases). The respondent to the appeal must file a brief and appendix within 30days after receiving the appellant's brief and a notice of appeal.
- Oral Argument - Oral Arguments are made on request only because the court will not want parties to repeat the same arguments already made in the briefs filed. Requests for oral argument are made to the clerk's office parties by filing a paper requesting argument no later than 14 days after the respondent's brief service. Here is a chance for the appellant to further explain the arguments stated in their brief to the appellate court.
When filing a Notice of Appeal, the filing fee required is $250 and $450 for filing a Motion for leave to appeal. Note that the filing fee may be waived if the appellant was declared indigency in trial court proceedings. For the waiver to apply, a copy of the order and an affidavit stating nothing has changed in their financial status must first be submitted with the notice of appeal.
How Do I Find My Case Number in New Jersey?
For every court case in New Jersey, there is an assigned case number used to determine the year the case was filed, the judicial officer to whom it is assigned, and the county where it was filed. To find a case number in New Jersey, interested persons may search via the New Jersey Court website and click on the ecourts case jacket portal. A case number search may be carried out by selecting the county where the case took and searching with the party's name.
Does New Jersey Hold Remote Trials?
Yes, New Jersey Courts hold remote trials. In November 2020, the New Jersey Supreme court suspended all physical civil and criminal jury trials due to the COVID-19 pandemic. The court provides the parties and counsel conducting remote court trials with information on how to join the video conferencing.
Note that some cases require the parties to agree to remote proceedings before it can be conducted, while all other cases can be heard remotely with or without the parties' agreement.
