When the trial court issues an order determining an application or after
a hearing or trial, one or both sides might not be happy with the result. The
litigants have a right to seek an appeal to the appellate division. After a
reasoned evaluation of the order with counsel, your counsel can advise you
whether they think you have a meritorious appeal.
In order to commence the appellate process, a Notice of Appeal and
required fee, must be filed within 30 days of service of the order with notice of
entry. This filing will preserve your right to appeal, even if you later decide
not to do so. If immediate relief is needed, a litigant can bring an order to
show cause before the appellate division seeking a stay of the trial court’s
order.
Generally, the appeal must be perfected within six (6) months. In most
cases this requires filing the record and briefs within that period. After a
hearing or trial, the record will consist, in part, of the transcripts of the court
proceedings. Since this can often be a time consuming process, it is best to
order them as soon as possible.
With some exceptions, counsel for the parties will argue the appeal
before a four judge appellate bench, after which the court will render its
determination. In its decision and order, the Court will either affirm, reverse
or modify the trial court’s order.
The attorneys at Capetola & Divins, PC are experienced appellate
counsel who can properly assist litigants with the appellate process. Inasmuch
as time is of the essence in deciding whether or not to file a notice of appeal,
consultation with an appellate attorney should take place as soon as possible
after the order is received.
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