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Instructions for Filling Out Forms in the Appellate Division

The purpose of the following instructions is to indicate what is to be entered in each section of various forms used in the Appellate Division and what documents must accompany the forms.  Enclosed are copies of the forms with each section numbered.  That number corresponds with the number under the instructions for filling out that specific form.  Please print or type the information on the forms which are enclosed.

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NOTICE OF APPEAL FORM SIDE ONE

  1. Enter the complete caption or title of the case exactly as it appears on the papers from the trial court or State agency from which you are appealing.

  2. Enter your name, address, including any email address, and daytime telephone number. If you are not an attorney at law admitted to practice in the State of New Jersey, you may not represent any person other than yourself.

  3. Enter the name of the judge whose judgment or order you are appealing.

  4. Enter the name of the trial court from which this case originates (for example, "Superior Court, Law Division, Essex County", or "Superior Court, Family Part, Mercer County", or "Tax Court"). If the appeal is from a final decision of a State agency, enter the name of the agency.

  5. In civil cases, enter the trial court docket number.  In criminal cases, enter the complaint, accusation or indictment number(s).  If a municipal appeal, enter the Law Division docket number.  In agency matters, enter the number assigned by the agency.

  6. Enter your name.

  7. Check the appropriate box or boxes.  Enter the date of the judgment, order or agency decision appealed from.

  8. If you are appealing the entire judgment, order or agency decision, leave this space blank. If appealing only a part or several parts, specify in this space.

  9. If all issues as to all parties are disposed of in this action in the trial court or agency, check "Yes".  If all issues as to all parties are not disposed of, check "No". If you check "No", you should not be filing a notice of appeal, but rather a motion for leave to appeal, unless the answer to the next question, whether there is a certification of final judgment entered pursuant to Court Rule4:42-2, is "Yes".

  10. Only complete this section if the case is criminal, quasi criminal or juvenile action.

    • (A) Give a concise statement of the offense and the judgment including the date entered and any sentence or disposition imposed.

    • (B)Check the appropriate box indicating what the appeal is from.  If from a post-conviction relief, indicate if it is a 1st, 2nd or other.

    • (C) Indicate whether you are incarcerated and if bail or a stay was granted.  If in custody, enter the name and full address of the facility or institution at which you are confined.  Be sure to include any inmate identification number assigned to you.

    • (D) Check the appropriate box indicating who represented you below.

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NOTICE OF APPEAL FORM SIDE TWO

  • 11. Pursuant to Court Rule2:5-1, a notice of appeal must be served upon a number of individuals. Enter the names, date of service and other information requested.  Pursuant to Court Rule1:5-2, service may be made by personal delivery of the papers, by ordinary mail or by certified or registered mail return receipt requested.

  • 12. As discussed elsewhere in this pro se kit, the transcript of the proceedings of the trial court or state agency from which you are appealing must be ordered.  As appellant, you must order the transcript and complete this section of the notice of appeal. Enter the names of the persons on whom you served the court transcript request form(s), the date of service and the amount of deposit paid.

  • 13.You need not order nor pay a deposit for the transcript at the time of filing the notice of appeal if any of the conditions enumerated in this section apply.  If applicable, check the appropriate box.  If none of the four statements in this section applies to your case, you should leave this section blank.

    • No Verbatim Record
      This means that during the proceedings in the trial court or agency from which you are appealing, there was no court reporter present, no tape recorder that was sound recording, nor any other verbatim record of the proceedings being made.

      Transcript in Possession of Attorney or Pro Se Litigant
      This means that either you or an attorney representing another party have already obtained the transcript. In these instances, it will not have to be reordered as a new transcript. As you are the appellant, however, it will be your responsibility to have sufficient copies made of the transcript for filing and service. If the transcript is in the possession of another person, you will be responsible for making arrangements to obtain it from that person, or obtain a copy from the person who produced the transcript.  List the date(s) of the trial or hearing.

      Motion for Abbreviation of Transcript Filed with the Court or Agency Below
      In lieu of a transcript of the entire proceedings in the trial court or agency, the transcript may be abbreviated by either the consent of all parties or by a motion to the trial court or agency. See the Appellate Division Practice Checklist and CourtRule2:5-3(c) for more information. If you have filed a motion for abbreviation of the transcript, a copy of that motion must be attached to your notice of appeal. As the person who filed the motion with the trial court or agency, it is your responsibility to keep the Clerk's office informed as to the status of that motion and to obtain a copy of the decision deciding same.

      Motion for Free Transcript Filed with the Court Below
      If you have filed a motion for free transcript with the trial court, a copy of that motion must be attached to  your notice of appeal. As the person who filed the motion with the trial court, it is your responsibility to keep the Clerk's office informed as to the status of that motion and to obtain a copy of the order deciding same. Please refer to the cover letter of this pro se kit and the Appellate Division Practice Checklist for more information.

  • 14. Enter the date on the line.

  • 15. Sign your name on the line.

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NECESSARY ATTACHMENTS TO THE NOTICE OF APPEAL

The notice of appeal that you mail or deliver to the Clerk's office for filing, and which you serve on the other parties and individuals, must have a transcript request form and a case information statement attached.

  • (1) Transcript Request Form(s). One copy of a transcript request form for each individual court reporter must be attached to your notice of appeal. In the case of sound recording, one copy of the transcript request form to the clerk of the trial court or agency from which this appeal is being taken must be attached to your notice of appeal. The check in payment of the deposit is not mailed to the Clerk's office, but is to be sent by you to the court reporter or, in the case of sound recording, to the clerk of the trial court or agency. If, as discussed elsewhere in this pro se kit, you can not afford the transcript, your notice of appeal should be accompanied by a copy of the motion for free transcript you  filed in the trial court, or by a copy of the motion for abbreviation of transcript  filed in the trial court or agency. If you are filing a motion for free transcript in the Appellate Division, you must include with your notice of appeal an original and four copies of your motion, made pursuant to Court Rule2:8-1.

  • (2) Case Information Statement. If your case is a civil matter, you must complete and sign a civil case information statement. If criminal, quasi-criminal or juvenile action, you must complete and sign a criminal case information statement. A copy of the judgment or order of the trial court or decision of the State agency, which is the subject of the appeal, should be attached to your case information statement.


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COURT TRANSCRIPT REQUEST FORM

  1. Enter the caption or title of the case as it appears on the papers from the trial court from which you are appealing.

  2. In civil cases, enter the trial court docket number.  In criminal cases, enter the complaint, accusation or indictment number(s). If a municipal appeal, enter the Law Division docket number.

  3. Enter the county and the name of the trial court from which you are appealing.

  4. Enter your name, address, including any email address, and daytime phone number.

  5. Enter the name and address of the court reporter, if a court reporter was present in court transcribing the proceedings. If the proceedings were sound recorded, enter the name and address of the court clerk of the trial judge. If you do not know the name of the court reporter, call the county courthouse and ask to be connected to the office of the supervisor of court reporters for that county. Likewise, if you do not know the name of the court clerk, call the trial judge's chambers and ask for that. Be sure to ask for the mailing address of either the court reporter or court clerk, and enter that on the court transcript request.

  6. Since you are filing an appeal, check the box which indicates use on "appeal".  Enter the number of copies you are asking to be produced. The minimum number you can request is an original and one copy.

  7. Enter the date(s) of the proceeding(s) you are ordering.

  8. Enter the type of proceeding(s) (for example, trial, sentencing, motion, etc.)

  9. Enter the name of the trial judge who heard each proceeding.

  10. Sign your name and enter the date.

  11. Enter the amount of the deposit. The original of the court transcript request and a check for the deposit are sent to the court reporter or, in the case of a proceeding that was sound recorded, to the court clerk of the trial judge.

  12. Enter the appropriate names on lines 2 and 4.

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CIVIL CASE INFORMATION STATEMENT FORM

  1. Enter the caption or title of the case as it appears on the papers from the trial court or State agency from which you are appealing. 

  2. Enter the number assigned the case by the trial court or agency from which you are appealing.

  3. Check the appropriate box indicating if you were the “Plaintiff”, “Defendant”, or “Other” below.  As you are representing yourself pro se, enter your own name, address, including any email address, and daytime telephone number.  If you are not an attorney at law admitted to practice in the State of New Jersey, the only "CLIENT" whom you can represent is yourself. 

  4. Enter the names, addresses, including any email addresses, and telephone numbers of the attorneys who represented the other parties in the trial court or agency and the names of their clients.

  5. Briefly summarize the terms of the judgment, order or decision which is the subject of this appeal, including its date, and attach a copy.

  6. Answer whether there are any claims against any party below which have not been disposed of.  If the answer is "No", then you may properly proceed with the filing of a notice of appeal. If the answer is "Yes", then you should immediately move for leave to appeal unless the trial court has certified the determination as final pursuant to Court Rule 4:42-2.  If the determination does not disposes of all the claims as to all parties, and the trial court has not certified it as final pursuant to Court Rule 4:42-2, then leave to appeal must be sought.

  7. Check the appropriate box.

  8. Briefly summarize the facts and the procedural history of the case.

  9. List the issues which you plan to raise in your appeal.

  10. If applicable, answer whether the trial judge issued oral or written findings or an opinion and, if so, set forth on what date.

  11. Answer whether you or anyone you know of has an appeal that is pending or about to be brought before this court which involves substantially the same case as your appeal. If you cannot answer "Yes" or "No", you may answer "Unknown". 

  12. Answer whether you know of any other appeal that is pending or about to be brought before this court which involves an issue similar to or related to an issue in your appeal. If you do not have this information available and cannot answer "Yes" or "No", you may answer "Unknown".

  13. Answer whether there was a prior appeal in this court involving this same case or controversy.

  14. List the case name and Appellate Division docket number for any appeal indicated in 11, 12 or 13 above.

  15. Check the appropriate box as to whether you think the case may benefit from a Civil Appeals Settlement Program conference and explain your answer.

  16. Enter your name on the line.

  17. Enter your name on the line as you are representing yourself pro se.

  18. Enter the date on the line.

  19. Sign your name on the line.

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CRIMINAL CASE INFORMATION STATEMENT FORM

  1. Enter the caption or title of the case as it appears on the papers from the trial court from which you are appealing. 

  2. Enter the number assigned the case by the trial court from which you are appealing.

  3. As you are representing yourself pro se, enter your own name, address, including any email address, and daytime telephone number. If you are not an attorney at law admitted to practice in the State of New Jersey, the only "CLIENT" whom you can represent is yourself. 

  4. Enter the name, address, including any email address, and telephone number of the county prosecutor's office which represented the State of New Jersey in the trial court and/or where appropriate, the name, address and telephone number of the Office of the Attorney General. See Court Rule2:5-1 as to adult criminal and juvenile matters. The "CLIENT" is the State of New Jersey.

  5. Briefly summarize the terms of the judgment or order which is the subject of this appeal, including its date, and attach a copy.

  6. Answer whether there are any issues below involving you which have not been disposed of.  If the answer is "No", then you may properly proceed with the filing of a notice of appeal. If the answer is "Yes", then you should immediately move for leave to appeal.

  7. Check the appropriate box.

  8. Answer whether you are presently confined or on bail.  Set forth any SBI number and your date of birth. 

  9. Answer whether the issue(s) involve only whether the trial court imposed a proper sentence.

  10. Answer whether there are any co-defendants and, if so, set forth their names and whether they were tried with you or shared any pretrial motion.  (If the co-defendants are juveniles who were not waived up to the Law Division, use only their initials.)

  11. Briefly summarize the facts and the procedural history of the case.

  12. List the issues which you plan to raise in your appeal.

  13. If applicable, answer whether the trial judge issued oral or written findings or an opinion and, if so, set forth on what date.

  14. Answer whether you or a co-defendant has an appeal that is pending or about to be brought before this court which involves substantially the same case as your appeal. If you cannot answer "Yes" or "No", you may answer "Unknown".

  15. Answer whether you know of any other appeal that is pending or about to be brought before this court which involves an issue similar to or related to an issue in your appeal. If you do not have this information available and cannot answer "Yes" or "No", you may answer "Unknown".

  16. Answer whether there was a prior appeal in this court involving this same case or controversy

  17. List the case name, type and Appellate Division docket number for any appeal indicated in 14, 15 or 16 above.

  18. Enter your name on the line.

  19. Enter your name on the line as you are representing yourself pro se.

  20. Enter the date on the line.

  21. Sign your name on the line.

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NOTICE OF MOTION FORM

Should you need to file a motion, we suggest that you use this as a guide in completing the notice of motion form. Enclosed is a copy of the form with each section numbered. That number corresponds with the number under the following instructions for filling out that specific form. Please print or type the information on the form which is enclosed.

  1. Enter your name, address and daytime telephone number. Indicate whether you are the appellant or respondent.

  2. Enter the Appellate Division docket number of the appeal. If you are filing the motion simultaneously with your notice of appeal, or if you are filing a motion for leave to appeal, you will not yet have an Appellate Division docket number. In that event, leave the line blank, and in the space below enter the number assigned the case by the trial court or agency from which you are appealing.

  3. Enter the caption or title of the case exactly as it appeared on the papers from the trial court or agency from which you are appealing.

  4. Enter the specific relief your are requesting, in just a few words such as "STAY PENDING APPEAL".

  5. Enter the name and address of the other party's attorney or, if more than one other party, the names and addresses of all the attorneys. If a party is not represented by an attorney, list the party's and address.

  6. Enter the specific relief you are requesting, such as "staying the trial court judgment of May 28, 1995 pending disposition of the appeal."

  7. Pursuant to Court Rule 2:8-1, every motion shall be supported by a brief. The brief should set forth the nature of the action, the relevant facts, and the legal arguments and reasons why the relief you are requesting should be granted.

  8. Enter the date on the line.

  9. Sign (do not print or type) your name on the line.

  10. Type or print your name on the line.

  11. Repeat the same information here that you provided in 5, above.

  12. Enter the date on the line.

  13. Sign (do not print or type) your name on the line.

  14. Type or print your name on the line.

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CERTIFIED STATEMENT IN SUPPORT OF MOTIONFOR LEAVE TO PROCEED AS AN INDIGENT FORM

If you are requesting to proceed as an indigent, this form should be completed and submitted with a notice of motion. Do not leave any lines on the form blank or simply draw a line through, or put an "X" on, any line. If any category does not apply to you, you should enter "None" on the line. Attach additional sheets as needed to fully answer each question.

  1. Enter your name, daytime telephone number, current address, date of birth and number of dependents.

  2. Enter the name and complete address of your present employer, the title or description of your position and your salary per month.

  3. Enter the source and monthly amount of any additional income of any kind.

  4. Enter all checking, savings and other bank accounts of any kind, the present balance of each and the name and address of the financial institution(s).

  5. Enter the address, present market value and equity of any real estate which you own as an individual, or with anyone else.

  6. Enter all personal property, including the present value of each item. (For items such as clothing, furniture or jewelry, you may give a total value for each category.)

  7. Enter all automobiles, trucks or motorcycles you own, including for each its year, make and present equity.

  8. Enter any other assets of any kind which you own, including the present value of each.

  9. Enter your monthly mortgage payment, monthly rent or halfway house payment. If you own a house, townhouse, condominium or other real property, enter your mortgage balance.

  10. Enter all outstanding loans, what they are for, the present balance of each, and the name and address of the lender(s).

  11. Enter all credit cards, the present balance of each and the name and address of the issue(s).

  12. Enter all other liabilities, what they are, the present balance of each, and the name and address of the person(s) or institution(s) owed the money.

  13. Enter any other information of any kind concerning your financial circumstances which would be helpful to the court in determining the question of whether you are indigent.

  14. Sign (do not print or type) your name on the line and enter the date. By signing and dating the form, you are certifying that all statements made by you on the form, and any attachments, are true, and that if any of these statements are willfully false, you are aware that you are subject to punishment.

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