New Jersey Appellate Advocacy
The Right of Appeal
At the conclusion of most trial proceedings in New Jersey, litigants have the right to file an appeal in the Appellate Division of the Superior Court. This right is not automatic; it must be invoked by the litigant within the time provided by the court rules. In the face of an unfavorable decision by a trial court, knowing whether, when and how to file an appeal is crucial.
The Appellate Difference
At its core, litigation is a two-stage process - trial and review. The trial stage involves gathering evidence and preparing to convince a finder of fact that the circumstances do or do not warrant some form of relief from the court. The review stage is not a second trial, but instead an examination of the trial stage for legal errors, from initial pleadings all the way through post-trial motion practice. The ability to distinguish between an effective trial argument and an effective argument on appeal is crucial for the appellate advocate. Identification of viable issues for appeal, joined with powerful brief writing and careful oral argument capitalizing on those issues, are the cornerstones of our appellate practice.