The New Jersey Supreme Court hears appeals from the Appellate Division of Superior Court. Only certain cases are automatically appealed.
You can file an Appeal as of Right if:
- The Appellate judges disagreed in their ruling on the case, or
- The case involves a substantial constitutional question that has not been settled by prior cases. The Supreme Court must agree that the case is an unsettled constitutional issue.
Petition for Certifications are requests to the Supreme Court to review a case. The Court receives more than a thousand petitions each year, and only accepts about one hundred of them. To be accepted, the petition must convince the Court that the appellate judges made a legal error in deciding the case.
Interlocutory motions are motions filed before a lower court case is decided.
Read the Guide to Filing for Litigants Without Lawyers before you get started.
Where to File
| File by mail | |
| File in person |
Call for more information.
Filing Deadlines
| Notice of Appeal for Appeals as of Right | 45 days from the date of the Appellate Division decision |
| Notice of Petition for Certification | 20 days from the date of the Appellate Division decision |
| Petition for Certification | 30 days from the date of the Appellate Division decision |
| Respondent Brief | 15 days after the petitioner filed their brief |
| Reply Brief | 10 days after the respondent filed their brief |
Refer to the Guide for more details regarding deadlines and the process for preparing your case.
Fees
| Notice of petition for certification | $ 250 |
| Notice of appeal | $ 250 |
| Motion that opens a case | $ 50 |
| Respondent’s first motion, if filed | $ 50 |
| Motion for reconsideration | $ 50 |
| Deposit required for civil cases | $ 300 |
Do you qualify for a fee waiver?
If you received a fee waiver in a lower court, you might also qualify for a fee waiver in the Supreme Court. Send a copy of the fee waiver order and a signed statement that says your financial situation has not changed to the Supreme Court Clerk’s Office.
If you did not receive a fee waiver in a lower court, you can file a motion seeking “leave to proceed as indigent.” You must meet certain income guidelines to qualify. You must provide a signed statement that includes all of your income and expenses in detail. Learn more about fee waivers.
Emergent Motions
Sometimes emergencies arise that require the Court to hear a motion right away. Review the Guide to see if your issue qualifies as an emergent matter.
If so, call the Supreme Court at . Court staff will ask you to complete the Supreme Court Emergent Matter Intake Form and give you instructions how to submit it.
Legal Representation
Supreme Court appeals require in-depth knowledge of laws and legal processes. It is a good idea to get a lawyer if you can. If you are appealing your criminal case, you might qualify for a lawyer at public expense.