As we all adjust to new procedures to keep the wheels of justice rolling, knowing the dos and don’ts of seeking emergent appellate review offers an important tool in your litigation tool box.  The process appears easy enough; however, understanding the parameters governing the court’s review becomes critical to obtaining relief.

Just as a trial or administrative judge is asked to consider emergent issues presented by an order to show cause, the Appellate Division incorporates a gateway function to identify requests that are truly emergent. The process starts with a request for permission to file an emergent motion. The court rules offer limited guidance on this. See R. 2:9-8; cmt. 4. to R. 2:8-1.  Accordingly, the court issued guidelines and forms to commence the process for emergent review of any trial court order. These necessities are found under the appellate tab of the judiciary’s website, www.njcourts.gov. Importantly, the guidelines for this screening process explain the general principles governing emergent review and even include possible examples.  See https://www.njcourts.gov/forms/10498_appl_perm_file_emerg_motion_portal. pdf?c=yUR (last updated on March 19, 2018).

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]