New Jersey Notice of Appeal
New Jersey files its notice of appeal with the Appellate Division Clerk's Office in Trenton rather than the trial court, and a Special Civil or Small Claims judgment follows the same record-review track as any other civil case.
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Introduction
In New Jersey, a notice of appeal from a final civil judgment must be filed within 45 days of the date the judgment or order closing the case is entered in the Superior Court or Tax Court, not from when it is served on the parties (N.J. Ct. R. 2:4-1(a)). An order terminating parental rights carries its own, shorter 21-day deadline. Certain post-trial motions filed on time in the trial court, including a motion for a new trial, a motion for additional findings of fact, and, in civil and family cases, a motion asking the court to reconsider its final decision, pause the 45-day clock under Rule 2:4-3; once the trial court decides the motion, only the days that remained when the motion was filed are left to file the notice. The 45-day deadline generally cannot be extended. Rule 2:4-4(a) lets the Appellate Division allow a late notice filed as within time only in narrow, discretionary circumstances, and a reader who misses the deadline should not count on it. The notice is filed with the Appellate Division Clerk's Office in Trenton, not with the trial court clerk that entered the judgment, and a copy must be served on the trial judge, the trial court division manager (or, in a Tax Court appeal, the Tax Court Administrator), and every other party (N.J. Ct. R. 2:5-1). The Appellate Division's own Notice of Appeal is Form A (CN 10502), and its Civil Case Information Statement, Form B1 (CN 10500), is filed at the same time; the official forms control over this draft. Filing costs $250, payable with the notice, or an attached fee-waiver application (N.J.S.A. 22A:2-5; R. 1:43; confirm the current fee with the clerk). Filing the notice does not by itself stop enforcement of the judgment: a stay must be sought first in the trial court or agency and, if denied, in the Appellate Division. An appeal reviews the trial court record for legal error; it is not a new trial. A Special Civil Part or Small Claims Section judgment follows this same record-review track: either party may appeal, on the same 45-day clock, straight to the Appellate Division, with no separate trial de novo. This page covers a civil appeal from a Superior Court or Tax Court judgment. Appeals from a state agency decision, criminal appeals, federal-court appeals, and interlocutory appeals from a non-final order follow different rules and are not covered here. Attorney review is available before you file.
Key Things to Know
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You have 45 days to file a notice of appeal in New Jersey, and the clock starts on the date the judgment or order closing the case is entered in the Superior Court or Tax Court, not when it is served (N.J. Ct. R. 2:4-1(a)). A tolling motion filed on time in the trial court, such as a motion for a new trial, a motion for additional findings of fact, or, in civil and family cases, a motion to reconsider the final decision, pauses the clock under Rule 2:4-3; once the trial court rules on it, only the days remaining when the motion was filed are left to file the notice.
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The 45-day deadline generally cannot be extended. Rule 2:4-4(a) lets the Appellate Division allow a late notice filed as within time only in narrow, discretionary circumstances; do not rely on this to excuse a missed deadline.
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File the notice with the Appellate Division Clerk's Office in Trenton, not with the trial court clerk that entered the judgment (N.J. Ct. R. 2:5-1). A copy must also be served on the trial judge, the trial court division manager (or, in a Tax Court appeal, the Tax Court Administrator), and every other party, and, if the appeal challenges the validity of a statute, on the Attorney General, Division of Law (Rule 2:5-1(b)(4)).
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The Appellate Division's own Notice of Appeal is Form A (CN 10502), and its Civil Case Information Statement, Form B1 (CN 10500), is filed at the same time; the official forms control over any other draft. A transcript request, or a certification that none is needed, is attached under Rule 2:5-3.
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Filing costs $250, paid with the notice of appeal, unless the appellant attaches an approved fee-waiver order or a new fee-waiver certification (N.J.S.A. 22A:2-5; R. 1:43; confirm the current fee with the clerk). No separate cost bond is required to perfect the appeal itself.
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Filing the notice does not by itself stop enforcement of the judgment. A stay must be sought first in the trial court or agency and, if denied, in the Appellate Division (R. 2:9-5).
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A Special Civil Part or Small Claims Section judgment, covering claims up to $20,000 and $5,000, follows the ordinary civil track, not a trial de novo: either party may appeal, on the same 45-day clock, directly to the Appellate Division, the same statewide court that hears every other civil appeal.
Key decisions before you file
Before you file a Notice of Appeal in New Jersey, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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New Jersey Requirements for Notice of Appeal
45-Day Deadline Runs From Entry, Not Service
The notice of appeal must be filed within 45 days of the date the final judgment or order closing the case is entered in the Superior Court or Tax Court, not from when it is served on the parties (N.J. Ct. R. 2:4-1(a)).
Tolling Motions Pause, Not Extend, the Clock
A motion for a new trial, a motion for additional findings of fact, or, in civil and family cases, a motion to reconsider the final decision, filed on time in the trial court, pauses the 45-day clock under Rule 2:4-3. Once the trial court decides the motion, only the days remaining when it was filed are left to file the notice.
Deadline Generally Not Extendable
New Jersey Court Rule 2:4-4(a) lets the Appellate Division allow a late notice of appeal filed as within time only in narrow, discretionary circumstances. Outside the Rule 2:4-3 tolling motions, the 45-day deadline should be treated as fixed.
Filed With the Appellate Division Clerk, Not the Trial Court
The notice of appeal is filed with the Appellate Division Clerk's Office in Trenton, not with the trial court clerk that entered the judgment (N.J. Ct. R. 2:5-1).
Service on the Trial Judge, Division Manager, and Parties
A copy of the notice must be served on the trial judge, the trial court division manager (or, in a Tax Court appeal, the Tax Court Administrator), and every other party, and, for an appeal challenging the validity of a statute, also on the Attorney General, Division of Law (R. 2:5-1(b)(4)).
Form A Notice and Civil Case Information Statement
The Appellate Division's own Notice of Appeal is Form A (CN 10502), and its Civil Case Information Statement, Form B1 (CN 10500), is filed at the same time; the official forms control over any other draft.
$250 Filing Fee or a Fee Waiver
Filing costs $250, paid with the notice of appeal under N.J.S.A. 22A:2-5 and Rule 1:43; confirm the current fee with the clerk. An approved fee-waiver order or a new fee-waiver certification can be submitted instead.
Filing Does Not Stay Enforcement
Filing the notice of appeal does not by itself stop enforcement of the judgment. A stay must be sought first in the trial court or agency and, if denied, in the Appellate Division (R. 2:9-5).
Special Civil and Small Claims Appeals Are Not De Novo
A Special Civil Part judgment, including a Small Claims Section judgment for claims up to $5,000 within the broader $20,000 Special Civil Part, is appealed on the same record-review track as any other civil case: either party may appeal, on the same 45-day clock, directly to the Appellate Division.