Civil lawsuits, like personal injury cases, will contests and disputes with insurance companies over coverage, as well family law matters, take place in the trial division of the Superior Court of New Jersey. The judges of those courts make all kinds of rulings in such cases before and during trial.
Some cases in those courts are decided by a judge pre-trial on motions, for example via entry of summary judgement. Some cases go to trial and there is a bench trial – meaning without a jury- or a jury trial and then a judgment is entered for the winning party. When a judgment or a final order is entered, the losing party has a decision to make- should an appeal be filed to the Superior Court- Appellate Division.
After a final judgment or order, as a general rule, any litigant has the right to file an appeal. The Appellate Division, via a panel of two or three judges, reviews what the trial court did to determine whether the law and Rules of Court, were correctly applied. The Appellate Division decides the case based on the transcript of the proceedings at the trial level, the evidence introduced at the trial, the judge’s order or judgment, the appellate briefs and sometimes oral argument by the lawyers.
A detailed set of special rules and procedures apply to all matters presented to the Appellate Division. There are pages and pages of requirements that must be followed, or the Appellate Division will reject the appeal and/or the lawyer’s work product. The procedural rules cover everything from required filing dates, page limits, mandatory subject headings, font style and size, and much more. The substantive legal rules address an array of issues unique to an appeal, such as when deference is or is not accorded to the trial judge, what standard of review the appellate court will apply, whether a trial judge’s error is or not material, and a long list of other things. Furthermore, there is a methodology and style of brief writing that is unique to skilled appellate lawyers and expected and preferred by the appellate judges.
Appellate practice is a highly specialized area of the law. Many lawyers who practice at the trial level do not handle appeals because they are unfamiliar with the procedural and substantive rules and requirements and the approach to persuasive presentation of legal arguments. As a general rule, the most successful appeal attorneys are those that regularly practice in the Appellate Division because they are well schooled in the appellate rules, applicable appellate review case law and the writing style that presents and analyzes the client’s matter in a manner that head-on addresses the questions the Appellate Division judges must address to decide the case. Many trial level lawyers refer all of their appeals to experienced and skilled appellate lawyers, such as those at Pellettieri Rabstein & Altman. Without a doubt your chances of success prosecuting or defending against an appeal are greatly enhanced when you engage an expert appellate attorney.
Learn more about: Appeals
