New Jersey litigators are familiar with New Jersey’s nonbinding, compulsory arbitration program and the 30-day deadline to reject an award and request a trial de novo. The program promotes the speedy and inexpensive resolution of cases through the submission of the controversy to an experienced court-appointed attorney, who listens to the parties then renders an award. The New Jersey Court Rules provide that a party may reject an award and proceed to trial if they are not satisfied with the award. Still, the right to reject the award is temporary and subject to a strict 30-day deadline. Rule 4:21A-6(b) provides that a party must file a notice of rejection of the award with the civil division manager within 30 days of the “filing of the arbitrator’s award in the court’s electronic filing system.” If the notice is not filed within 30 days of the filing of the award, the award becomes binding. The 30-day deadline can be relaxed with a showing of “extraordinary circumstances,” see Hartsfield v. Fantini, 149 N.J. 611 (1997), but cases where relief was provided under that standard are rare. In short, compliance with the 30-day deadline is vital if a dissatisfied party wants to vacate the award.

What constitutes the “filing” of the arbitration award for the purpose of triggering the 30-day appeal period? Rule 4:21A-5, which was amended Sept. 1, 2024, provides that “the court shall upload the award into the court’s electronic filing system, at which time it shall be deemed filed and provided to the parties.” See R. 4:21A-5. Before the rule was amended, the event that constituted “filing” was the subject of at least five Appellate Division decisions, which reached different conclusions. The recent amendment modernizes the rule to account for the introduction of eCourts and remote proceedings, perhaps with the objective of resolving the split in the Appellate Division. In practice, though, the amended rule may not provide the requisite clarity, and may lead to additional appeals.