By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Appeals and Appellate Court Attorney
As the court of last resort, the New Jersey Supreme Court has the final say on almost anything it decides to review, providing guidance to the Superior Courts on cases pending before it now and in the future. The Supreme Court also has the power to hear emergent applications. It can consider an appeal of a denial of an emergent application by the Appellate Division. Counsel can also go to the Supreme Court seeking emergent relief from a denial of a decision by the Appellate Division on a motion for leave or seek relief from the Appellate Division’s decision regarding a final judgment or interlocutory order before it. If the relief is granted it can result in a stay of the Appellate Division judgment or order while counsel moves to file for leave to appeal to the Supreme Court with a supporting brief.
The process to apply for emergent relief is similar to that found in the Appellate Division rules. Counsel needs to fill out a form and send a copy of the emergent application filed with the Appellate Division, along with the signed disposition, any opinions the Appellate Division issued in making its decision, and other relevant documentation. It needs to be served on all parties and the trial court. A justice will then review the application and determine if expedited treatment is warranted. Since the Supreme Court has discretion to consider what appeals it will hear, the standard to warrant expedited treatment is higher than the Appellate Division’s standard. The justice will then make a determination as to whether emergent relief is denied or granted pending a review by the entire Supreme Court.
To discuss your NJ Appeal and Appellate Court matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at firstname.lastname@example.org. Please ask us about our video conferencing consultations if you are unable to come to our office.