New Jersey Superior Court - Appellate Division

Appellate Division

"he State Constitution established the Appellate Division as the upper tier of the Superior Court." "The Appellate Division was created as part of the judicial revision that took place as a result of the 1947 Constitution. Prior to 1947, the structure of the judiciary in New Jersey was extremely complex, including 'a court of errors and appeals in the last resort in all causes . . .; a court for the trial of impeachments; a court of chancery; a prerogative court; a supreme court; circuit courts, and such inferior courts as now exist, and as may be hereafter ordained and established by law . . .'"

The Appellate Division hears appeals from the Law and Chancery Divisions and final decisions of State administrative agencies. There are eight parts, designated "A" through "H," and each part has three or four judges. "The Appellate Division shall consist of such parts with such number of judges as the Chief Justice shall from time to time designate." Judges are rotated among the parts on an annual basis. "Each Part is headed by a presiding judge, who is properly addressed as 'Presiding Judge, Appellate Division.' The most senior judges of the Appellate Division serve as presiding judges of the various Parts"

Unlike the federal and some other state appellate courts, appeals are not allocated among the parts on a territorial basis and Appellate Division precedent is equally binding state-wide.

One of the judges on each part is designated as the presiding judge and there is an overall presiding judge for administration. Appeals are decided by a panel of two or three judges from the part to which the appeal is assigned.

If the Supreme Court has less than seven members available to hear a case, either because of vacancies or recusals, senior Appellate Division judges may be assigned to serve temporarily.

The Appellate Division has a central clerk's office that processes the filing of notices of appeal, briefs, motions and other papers.

Appeals in New Jersey must be filed within 45 days.