Guidelines for Captioning Cases


Table of Contents


Preface


Caption Guidelines

C1: Party Designations Below
C2: Party Designations on Appeal
C3: Closely Related or Affiliated Parties
C4: Identification of Parties
C5: Intervenors Below
C6: Intervenors on Appeal
C7: No Party Designations Below
C8: Appellant Not in Caption Below
C9: Amici Curiae
C10: Third Parties and Cross-Appellants
C11: Back-to-Back Appeals
C12: Consolidated Cases
C13: Spelling of Parties' Names
C14: Changes in Party Names or Parties
C15: Order of Parties
C16: Impounded

Attorney Appearance Guidelines

A1: Identification of Decision of Agency or Court Below; Events Subsequent to Calendaring;
Opinion Below Published
A2: Identification of Counsel
A3: Order of Listing of Counsel
A4: Representation in Criminal Appeals
A5: Designated Counsel
A6: Representation by More Than One New Jersey Firm
A7: Representation by New Jersey and Out-of-State Attorneys
A8: Substitution of Attorney
A9: Pro Se Briefs
A10: More Than One Attorney for Same Firm
A11: Solo Practitioner
A12: "On the Brief"; Letter Briefs
A13: Joint Briefs

Index

Table of Revisions

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PREFACE

The following guidelines are designed to promote uniformity in work product among the staff of the Appellate Division. They are divided into two sections. The first pertains to the caption itself; the second, to the attorney appearance section of a memo and opinion.
The guidelines are not exhaustive, but they do provide a basis with which to answer common captioning questions. They generally take precedence over the captions that have been submitted by the parties. Occasionally you or your judge will have a good reason for not adhering to a guideline that appears below. They are not inflexible strictures to be applied in the face of supervening logic and common sense. They should, however, be used when appropriate. Remember that they are meant to be consistent with The Bluebook, the Manual of Style for Judicial Opinions (1992), and any pertinent court rules. Each of these sources may contain helpful information if you encounter a problem not dealt with here. In particular, Section 1 of the Manual of Style sets forth general rules on opinion form.

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CAPTION GUIDELINES

C1: PARTY

(C1)Include the trial court or agency designation used below, if any, for every party named in the caption. See Guideline C7.

However, in criminal cases where two or more defendants have been indicted or tried together, the caption on appeal should be taken from the judgment of conviction and refer only to the defendant who is the subject of that appeal.

Fictitious defendants may be eliminated from the caption.

COMMENT: Almost always, this designation will be "plaintiff" or "defendant," but in some cases it will be "petitioner" or "respondent." In certain kinds of administrative appeals, the party who initiates the hearing procedure is called an "appellant" at the agency level.

EXAMPLE:

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF

SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-0000-95T1

THE PRUDENTIAL INSURANCE COMPANY OF AMERICA,

Plaintiff-Appellant,

v.

XONU INTERCONTINENTAL INDUSTRIES,
a Maine Corporation,

Defendant-Respondent,

and

ROGANN CONTINENTAL COMPANY, LTD.,

Defendant,

and

CHRISTINA M. VAHLSING, JOSEPHINE M.
VAHLSING, ELIZABETH R. VAHLSING,

Defendants/Intervenors-Respondents.

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C2: PARTY DESIGNATIONS ON APPEAL

(C2)(a)Parties who defaulted, were never served, or never made an appearance in the action below, should be included in the caption, but without any appellate designation.

(b)Parties who are let out of the case prior to entry of final judgment by settlement, withdrawal, or dismissal, and who make no appearance on appeal, should be in the caption but need not be identified as "respondents" even though they may have been served with a notice of appeal.

(c) Parties who don't fit into either category (C2)(a) or (C2)(b) and who are served with a notice of appeal should usually be designated as respondents even if they never filed appellate briefs, unless those parties clearly have no interest in the appeal.

COMMENT:According to R. 2:5-1(a), a notice of appeal must be served on "all other parties who have appeared in the action." This means that all parties, except those who defaulted below, must be made parties to the appeal. This broad rule is intended to avoid the fine distinctions between a party to the action whose interests "may" be affected on appeal and one whose interests will not be. Pressler, Current N.J. Court Rules, comment 1 on R. 2:5-1 (1997).

Nevertheless, mere receipt of a notice of appeal does not require that a party be designated a respondent in the caption.

(See example on next page.)


EXAMPLE FOR (C2)(a) AND (b): Assume plaintiff sued five defendants who were named in the complaint in the following order: Ann Adams, Betty Baker, Carol Collins, Debbie Dunn, and Ellen Eckert. Adams was never served with the complaint, Baker settled with the plaintiff and prevailed on a cross-claim against Dunn, Collins defaulted, Dunn lost at trial and is appealing from the judgment in plaintiff's favor and from Baker's cross-claim against her, and Eckert settled with

NOT FOR PUBLICATION WITHOUT THE APPROVAL

OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-0000-95T1

JOHN L. SMITH,

Plaintiff-Respondent,

v.

ANN ADAMS, CAROL COLLINS, and
ELLEN ECKERT,

Defendants,

and

BETTY BAKER,

Defendant-Respondent,

and

DEBBIE DUNN,

Defendant-Appellant.

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C3: CLOSELY RELATED OR AFFILIATED PARTIES

(C3)Where one attorney represents closely related or affiliated parties (e.g., a closely held corporation and the individual owners), all the parties who join in the filing of the notice of appeal should be listed as appellants, even though the interests of some of the parties may not have been affected by the final judgment and even though the cover of the brief may indicate that it is being submitted only on behalf of those whose interests were actually affected.

COMMENT: All such parties designated as appellants must also be listed in the appearance section. See Guideline A1.

Plaintiffs-Appellants,

v.

WILLIAM WALDRON,

Defendant-Respondent.

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COMMON DISASTER CLAUSE

C4: IDENTIFICATION OF PARTIES

(C4)List every party by name. Do not use words such as "et al." to indicate multiple parties.

EXAMPLE:

NOT FOR PUBLICATION WITHOUT THE APPROVAL
OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-0000-95T1

LANCE HAMILTON,

Plaintiff-Appellant/Cross-Respondent,

v.

WILLIAM PARCELLS, GEORGE YOUNG, and
THE NEW YORK FOOTBALL GIANTS, INC.,

Defendants-Respondents/
Cross-Appellants,

and

PETER ROSELLE, Commissioner, THE NATIONAL
FOOTBALL LEAGUE, ATLANTA FALCONS, CHICAGO
BEARS, DALLAS COWBOYS, DETROIT LIONS,
GREEN BAY PACKERS, LOS ANGELES RAMS,
MINNESOTA VIKINGS, NEW ORLEANS SAINTS,
PHOENIX CARDINALS, PHILADELPHIA EAGLES,
SAN FRANCISCO 49ers, SEATTLE SEAHAWKS,
WASHINGTON REDSKINS, BUFFALO BILLS,
CINCINNATI BENGALS, CLEVELAND BROWNS,
DENVER BRONCOS, HOUSTON OILERS, INDIANAPOLIS
COLTS, KANSAS CITY CHIEFS,
LOS ANGELES RAIDERS, MIAMI DOLPHINS, NEW
ENGLAND PATRIOTS, NEW YORK JETS,
PITTSBURGH STEELERS, SAN DIEGO CHARGERS,
and TAMPA BAY BUCCANEERS,

Defendants.

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C5: INTERVENORS BELOW

(C5)Parties who intervened below should be included in the caption as plaintiff/intervenor or defendant/intervenor, and should ordinarily have an appellate designation as well. See generally R.4:33-1, -2, -3.

EXAMPLE:

JOHN L. SMITH,

Plaintiff-Appellant,

v.

MARY J. JONES

Defendant,

and

SANSONE, INC.,

Defendant/Intervenor-Respondent.

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C6: INTERVENORS ON APPEAL

(C6)Parties who intervened on appeal must be included and clearly identified in the appearance section. They should not ordinarily be included in the caption. If, however, they are included in the caption, they should be separated in the caption from the other parties by a solid line. See generally R. 4:33-1, -2, -3.

EXAMPLE:

JOHN L. SMITH,

Plaintiff-Appellant,

v.

MARY J. JONES,

Defendant-Respondent.


SANSONE, INC.,

Intervenor-Respondent.

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C7: NO PARTY DESIGNATIONS BELOW

(C7)In instances in which the trial court or agency caption does not show party designations (for example, appeals from agency determinations or will contests), do not change the caption on appeal. Rather, clearly identify the appellant and respondent in the attorney appearance section.

EXAMPLE #1:

NOT FOR PUBLICATION WITHOUT THE APPROVAL

OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-0000-95T1

IN THE MATTER OF THE
WORLD JEEP EAGLE


Submitted: January 2, 1995

Before Judges Pressler, Keefe and Wefing.

On appeal from Superior Court of New Jersey, Law Division, Bergen County.

Smith, Jones and Wilson, attorneys for appellant World Jeep Eagle (Peter
Draper, on the brief).

Respondent Susan Gibson did not file a brief.


EXAMPLE #2:

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-0000-95T1

IN THE MATTER OF FARMERS
MUTUAL FIRE ASSURANCE ASSOCIATION
OF NEW JERSEY


Submitted: January 2, 1995

Before Judges Pressler, Keefe and Wefing.

On appeal from the Department of Insurance.

Smith, Jones and Wilson, attorneys for appellant Farmers Mutual Fire Assurance Association (Peter Draper, on thebrief).

Peter Verniero, Attorney General, attorney for respondent Department of Insurance (Edward Jacobs, Deputy Attorney General, on the brief).

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(C8) APPELLANT NOT IN CAPTION BELOW

(C8)If the party who is appealing is not in the original caption (for example, an attorney who is appealing from a contempt citation or complaining about a fee award), that party should nevertheless be identified in the attorney appearance section (see example #1).

Alternatively, the party may be added to the caption on appeal, but should be separated from the other parties by a solid line (see example #2).

EXAMPLE #1:

DAVID L. KERMIT,

Plaintiff-Respondent,

v.

ABC SANITARY SERVICES, INC.,

Defendant-Respondent.


Submitted January 2, 1997.

Before Judges Brochin, Kestin and Eichen.

On appeal from Superior Court of New Jersey, Law Division, Essex County.

Greenberg & Greenberg, attorneys for appellant Thomas Hale, Esq. (Ann Greenberg, on the brief).

Smith, Jones & Wilson, attorneys for respondent David L. Kermit (David Jones, on the brief).

Wayne Jackson, attorney for respondent ABC Sanitary Services, Inc.


EXAMPLE #2

DAVID L. KERMIT,

Plaintiff-Respondent,

v.

ABC SANITARY SERVICES, INC.,

Defendant-Respondent.


IN THE MATTER OF THOMAS HALE, ESQ.,

Appellant.

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C9: AMICI CURIAE

(C9)Parties admitted as amici curiae, either at trial or on appeal, should not be included in the caption. However, they must be included in the attorney appearance section if they have filed briefs. See Guideline A2 for examples; see generally R.1:13-9.

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C10: THIRD PARTIES AND CROSS-APPELLANTS

(C10)The caption must reflect third-party and cross- appellant designations, if any. It is not necessary to show counterclaims and cross-claims.

EXAMPLE:

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-0000-95T1

DENNIS DUCHAI,

Plaintiff-Respondent/Cross-Appellant,

v.

LAKEVIEW CUSTOM COACH,
JEFF BROWN, J.R. CORELLI
ASSOCIATES, INC., and
PETE'S SERVICE CENTER,

Defendants/Third-Party
Plaintiffs-Appellants/
Cross-Respondents,

v.

TILDEN COMMERCIAL ALLIANCE, INC.
AND TRW INFORMATION SERVICES,

Third-Party Defendants.

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C11: BACK-TO-BACK APPEALS

(C11)In the case of back-to-back appeals, where only one memo is prepared, there should be two completely independent captions, with the docket number appended to each one separately. But separate appeals, even if they are back-to-back, should have separate opinions, unless they have been consolidated for opinion purposes. In such a case, the consolidation should be noted in the opinion and the caption should follow Guideline C12.

MEMO EXAMPLE (back-to-back appeals):

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-1234-94T5

DURO-TEST CORPORATION,

Plaintiff-Respondent,

v.

JOSE NODAR and JOSEPH UMBACH,

Defendants-Appellants,

and

BANCO POPULAR de PUERTO RICO,

Defendant-Respondent.


A-1247-94T5

DURO-TEST CORPORATION,

Plaintiff-Respondent,

v.

JOSE NODAR and JOSEPH UMBACH,

Defendants-Respondents,

and

BANCO POPULAR de PUERTO RICO,

Defendant-Appellant.


Argued [or submitted]:

Before Judges:

On appeal from Superior Court of New Jersey, Chancery Division, Hudson County.

Pojanowski, Iskra & Trawinski, attorneys for appellants Jose Nodar and Joseph Umbach in A-1234-94T5 (Timothy E. Shanley, of counsel and on the brief).

Orloff, Lowenbach, Stifelman & Siegel, attorneys for appellant Banco Popular de Puerto Rico in A-1247-94T5 (Samuel Feldman, of counsel and on the brief).

Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys for respondent in both appeals, Duro-Test Corporation (Edward F. McTiernan, of counsel and on the briefs; John H. Klock, on the briefs).

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C12: CONSOLIDATED CASES

(C12)(a) When cases are consolidated on appeal, there will be one opinion but there are usually two or more com pletely independent captions. Docket numbers should be listed together on top with the oldest number listed first. Case captions should be in the same order. In some consolidated appeals, however, there is only one caption with two docket numbers.

(b) Cases that were consolidated in the trial court or agency should retain the same caption on appeal as was used below.

EXAMPLE:

NOT FOR PUBLICATION WITHOUT THE APPROVAL

OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-1047-95T1
A-1101-95T1

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

ROBERT COOPER,

Defendant-Appellant.


STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

WILLIE LEE LAWSON,

Defendant-Appellant.

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C13: SPELLING OF PARTIES' NAMES

(C13)Where there is confusion as to the spelling of a party's name, the final judgment controls in civil cases (unless that does not resolve the confusion, in which case the complaint controls). The judgment of conviction controls in criminal cases (unless that does not resolve the confusion, in which case the indictment controls). However, if there is a definite indication in the record, e.g., in the transcripts or appendices, that a name should be spelled differently, rely on that. You may need to change the caption and drop a footnote that a party was "incorrectly designated as" something else.

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C14: CHANGES IN PARTY NAMES OR PARTIES

(C14)If a party's name changes subsequent to the entry of final judgment or the party changes by reason of suc cession, death, or substitution, retain the original name unless there has been a formal substitution. If there has been a formal substitution, use the new name and drop a footnote explaining the change.

EXCEPTION: There is no need for a formal substitution when a public officer sues or is sued in an official capacity and then leaves office. Court rules provide for an automatic substitution, so use the current official's name in the caption. See R. 4:34-4.

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C15: ORDER OF PARTIES

(C15)Even if the lead plaintiff or defendant is not involved in the appeal, i.e., neither a respondent nor an appellant, that party still stays "first in line." In other words, once first always first. All other parties who share exactly the same designation as that lead plaintiff or defendant should be grouped with that party. The same principle should be followed for the remainder of the parties.

COMMENT: This means that the appellant should not automatically be made the lead plaintiff or defendant. This procedure is advisable because of the manner in which the clerk's office enters the name of the case in ACMS. Also, this procedure will preserve the general rule that the order of the caption does not change during the course of appellate proceedings (as is done in other jurisdictions).

See example for Guideline C2.

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C16: IMPOUNDED CASES

(C16)(a)When an impounded case comes to the Appellate Division designating parties in the caption by initials, that format should be continued.

(b)When an impounded case comes to the Appellate Division designating parties in the caption by full names, that format should be continued in memos. If necessary, initials will be used in the caption when the opinion is issued.

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ATTORNEY APPEARANCES GUIDELINES

A1: IDENTIFICATION OF DECISION OF AGENCY OR COURT BELOW; EVENTS SUBSEQUENT TO CALENDARING; OPINION BELOW PUBLISHED

(A1)(a)Immediately before the attorney appearances, indicate the court or agency from which the appeal is taken. For courts, where applicable, show the division and part of the court and the county. For appeals from final agency decisions, identify both the agency and the department (see examples #1-5).

(b)Occasionally, the appellate judges may want to document an event that occurred subsequent to calendaring. Such events include reargument, a remand to the trial court before the opinion is issued, or the submission of requested supplemental briefs. References to such events may be added wherever appropriate in the appearance section (see example #6).

(c)Where the opinion rendered by the court below is published, that should be noted (see example #7).

EXAMPLES:

#1:On appeal from Superior Court of New Jersey, Law Division, Bergen County.

#2:On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Bergen County.

#3:On appeal from the Tax Court of New Jersey.

#4:On appeal from the Board of Review, Department of Labor.

#5:On appeal from the Board of Trustees of the Public Employees' Retirement

System, Department of the Treasury.

#6:Submitted May 13, 1985 - Decided May 28, 1985.
Remanded by Supreme Court March 25, 1986.
Resubmitted May 16, 1986 - Decided June 27, 1986

Before Judges Greenberg and Gaynor

On appeal from Superior Court of New Jersey, Law Division, Essex County and on remand from the Supreme Court.

#7:On appeal from Superior Court of New Jersey, Law Division, Bergen County, whose opinionis reported at 290 N.J. Super. 1 (Law Div. 1997).

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A2: IDENTIFICATION OF COUNSEL

(A2)(a)In memos, list counsel (or indicate pro se representation) for each party with an appellate designation and for each amicus curiae who has filed a brief. In instances in which a respondent files only a letter of non-participation, or in which its brief is suppressed, note simply that it has not filed a brief.

(b)Appellants/Cross-respondents and respondents/cross- appellants should be identified as such in the appearance section as well as the caption.

(c)In opinions, list only those parties or amici curiae who have filed briefs or those public body respondents who have filed statements in lieu of brief (see R. 2:6- 4(c)); however, if no respondent has filed a brief, state in the appearance section: "Respondent has not filed a brief."

(d)In both memos and opinions, when a law firm is a party and appears pro se, identify any partner or associate who argues or authors a brief.

(e)Do not use designations such as "P.C.," "law offices of," or "chartered" with a law firm name. Use of "and Associates" (as in "Donald Matthews and Associates") is appropriate.

(f)A law clerk or legal intern should never appear in the attorney appearance section of either a memo or an opinion.

(g)In both memos and opinions, where a respondent does not file a brief, but files a letter stating that it joins in another party's brief, that should be noted.

MEMO EXAMPLES AND OPINION EXAMPLES, IF SUBMITTED:

Smith, Jones and Wilson, attorneys for appellant John Gibson (Thomas M. Forsberg, on the brief).

Carter and Jackson, attorneys for appellant/cross- respondent Susan Gibson (Maria Ciolono, on the brief).

Sean Jackson, respondent pro se.

Mann and Jones, respondent pro se (Larry Mann, on the brief).

Clapp & Eisenberg, attorneys for amicus curiae American Insurance Association (Elmer Matthews,of counsel and on the brief).

Peter Verniero, Attorney General, attorney for respondent State Board of Education (James Wilson,Deputy Attorney General, on the statement in lieu of brief).

Howard Norcross, attorney for respondent Ajax Company, joins in the brief of respondent Zenith Company.


OPINION EXAMPLES, IF ARGUED:

John Smith argued the cause for appellant John Gibson (Smith, Jones and Wilson, attorneys; Thomas M. Forsberg, on the brief).

Carol Jackson argued the cause for appellant/cross- respondent Susan Gibson (Carter and Jackson, attorneys; Bill Carter, on the brief).

Sean Jackson, respondent, argued the cause pro se.

Larry Mann argued the cause for pro se respondent Mann and Jones.

Elmer Matthews argued the cause for amicus curiae American Insurance Association (Clapp &Eisenberg,attorneys; Mr. Matthews, on the brief).

Peter Verniero, Attorney General, attorney for respondent State Board of Education (James Wilson, DeputyAttorney General, filed a statement in lieu
of brief).

MEMO ONLY EXAMPLE:

Mead & Mount, attorneys for respondent Capital Insurance Company, have not filed a brief.

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A3: ORDER OF LISTING OF COUNSEL

(A3)Regardless of the trial designation below, always list counsel for appellants first in the appearance section, followed by counsel for respondents. In an instance in which there is only one appellant or respondent, or in which the same attorney represents all the appellants or all the respondents, it is not necessary to identify the party by name, as long as the party is identified in the caption.

MEMO EXAMPLES & OPINION EXAMPLES, IF SUBMITTED:

Smith, Jones and Wilson, attorneys for appellant John Gibson (Thomas M.
Forsberg, on the brief).

Carter and Jackson, attorneys for appellant Susan Gibson (Bill Carter, on the brief).

Mitchell, Nader and Peters, attorneys for respondents (Robert Sills, on the brief).

OPINION EXAMPLES, IF ARGUED:

John Smith argued the cause for appellant John Gibson (Smith, Jones and Wilson, attorneys; Thomas M. Forsberg, on the brief).

Carol Jackson argued the cause for appellant Susan Gibson (Carter and Jackson, attorneys; Bill Carter, on the brief).

Henry Mitchell argued the cause for respondents (Mitchell, Nader and Peters, attorneys; Robert Sills, on the brief).

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A4: REPRESENTATION IN CRIMINAL APPEALS

(A4)The Attorney General or County Prosecutor or Public Defender, not the particular Deputy Attorney General or Assistant Prosecutor or Deputy Public Defender who handled the appeal, should be considered the attorney for the State or the defendant.

MEMO EXAMPLES & OPINION EXAMPLES, IF SUBMITTED:

Peter Verniero, Attorney General, attorney for respondent (Wendy Taylor, Assistant Attorney General, of counsel; Ned Schwartz, Deputy Attorney General, on the brief).

Alfred Peterson, Passaic County Prosecutor, attorney for respondent (Melissa Mills, Assistant Prosecutor, on the brief).

Susan L. Reisner, Public Defender, attorney for appellant (Joan Rowbottom, Deputy Public Defender, of counsel and on the brief).

OPINION EXAMPLES, IF ARGUED:

Ned Schwartz, Deputy Attorney General, argued the cause for respondent (Peter Verniero, Attorney General, attorney; Wendy Taylor, Assistant Attorney General, of counsel; Mr. Schwartz, on the brief).

Melissa Mills, Assistant Prosecutor, argued the cause for respondent (Alfred Peterson, Passaic County Prosecutor, attorney; Ms. Mills, on the brief).

Joan Rowbottom, Deputy Public Defender, argued the cause for appellant (Susan L. Reisner, Public Defender, attorney; Ms. Rowbottom, on the brief).

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A5: DESIGNATED COUNSEL

(A5)When designated counsel represents a criminal defendant on behalf of the Public Defender, the Public Defender should be considered the attorney for the defendant. Do not show the name of designated counsel's law firm.

MEMO EXAMPLE & OPINION EXAMPLE, IF SUBMITTED:

Susan L. Reisner, Public Defender, attorney for appellant (Janice Stobie, Designated Counsel, on the brief).

OPINION EXAMPLE, IF ARGUED:

Janice Stobie, Designated Counsel, argued the cause for appellant (Susan L. Reisner, Public Defender, attorney; Ms. Stobie, on the brief).

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A6: REPRESENTATION BY MORE THAN ONE NEW JERSEY FIRM

(A6)When a party is represented by more than one New Jersey law firm, the firms should be listed as attorneys and the brief writers named without specifying their respective firm affiliations.

MEMO EXAMPLE & OPINION EXAMPLE, IF SUBMITTED:

Adams, Brooks & Cole, and Danforth, Ellis & Frost, attorneys for appellant (John J. Brooks and Gail Miller, on the brief).

OPINION EXAMPLE, IF ARGUED:

John J. Brooks argued the cause for appellant (Adams, Brooks & Cole, and Danforth, Ellis & Frost, attorneys; Mr. Brooks and Gail Miller, on the brief).

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A7: REPRESENTATION BY NEW JERSEY AND OUT-OF-STATE ATTORNEYS

(A7)When a party is represented by a New Jersey firm and an out- of-state attorney based on an admission pro hac vice, first the New Jersey firm and then the individual attorney so admitted should be identified.

COMMENT: Only an individual attorney, not a firm, may be admitted pro hac vice. R. 1:21-2. This status, once granted, ordinarily continues on appeal. R.1:21-2(c).

MEMO EXAMPLE & OPINION EXAMPLE, IF SUBMITTED:

Adams, Brooks, & Cole, and Gail Miller (Dunphy, Ernst & Flynn) of the New York bar,
admitted pro hac vice, attorneys for appellant (John J. Brooks and Ms. Miller, on the brief).

OPINION EXAMPLE, IF ARGUED:

Gail Miller (Dunphy, Ernst & Flynn) of the New York bar, admitted pro hac vice, argued
the cause for appellant (Adams, Brooks, & Cole, and Ms. Miller, attorneys; John J.
Brooks and Ms. Miller, on the brief).

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A8: SUBSTITUTION OF ATTORNEY

(A8)When a new law firm is substituted after a brief is filed, that firm replaces the old one as the attorney of record and should be listed in the appearance section without any indi cation of the substitution. The author of the brief, whose identity does not change, is given no firm affiliation. See R. 1:11-1, -2, -3. This guideline applies equally to situations in which a pro se party files a brief and subsequently retains an attorney or in which a represented party decides to appear pro se after the brief has been filed.

Example: In the first two examples below, Buttermore & Phillips were substituted for Smith, Wilson & Jones as attorneys for appellant. Frank G. Capece wrote the brief as an associate for Smith, Wilson & Jones.

MEMO EXAMPLE & OPINION EXAMPLE, IF SUBMITTED:

Buttermore & Phillips, attorneys for appellant (Frank G. Capece, on the brief).

OPINION EXAMPLES, IF ARGUED:

John C. Phillips argued the cause for appellant (Buttermore & Phillips, attorneys; Frank G. Capece, on the brief).

James Smith argued the cause for respondent Mark Williams (Mark Williams, on the pro se brief).

Mark Williams, respondent, argued the cause pro se (Frank Smith, on the brief).

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A9: PRO SE BRIEFS

(A9)A pro se supplemental brief should be noted at the end of the list of attorneys for all parties (see examples #1). Otherwise, list pro se briefs in the regular order, according to appellate designation (see examples #2).

MEMO EXAMPLES & OPINION EXAMPLES, IF SUBMITTED:

#1:Susan L. Reisner, Public Defender, attorney for appellant (William Morris, Designated Counsel, of counsel and on the brief).

Peter Verniero, Attorney General, attorney for respondent (Craig Brenner, Deputy Attorney General, of counsel and on the brief).

Appellant filed a pro se supplemental brief.

#2:Bernard Weiss, appellant pro se.

Smith and Jones, attorneys for respondent (Thomas Jones, on the brief).

OPINION EXAMPLE, IF ARGUED:

#1:William Morris, Designated Counsel, argued the cause for appellant (Susan L. Reisner, Public Defender, attorney; Mr. Morris, on the brief).

Craig Brenner, Deputy Attorney General, argued the cause for respondent (Peter Verniero, Attorney General, attorney; Mr. Brenner, on the brief).

Appellant filed a pro se supplemental brief.

#2:Bernard Weiss, appellant, argued the cause pro se.

Thomas Jones argued the cause for respondent (Smith and Jones, attorneys; Mr. Jones, on the brief).

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A10: MORE THAN ONE ATTORNEY FOR SAME FIRM

(A10)Where there is more than one attorney for the same firm, and one performs more than one function on appeal, that attorney may be named twice, but should be referred to as Mr. or Ms. on second mention. See Manual of Style for Judicial Opinions, Sec. 1 (1992).

An alternate form for memos or submitted opinions is to name the attorney only once, grouping functions.

MEMO EXAMPLES & OPINION EXAMPLES, IF SUBMITTED:

Adams, Brooks & Cole, attorneys for appellant (Joan J. Brooks, of counsel; Ms. Brooks and Susan Carter, on the brief).

OR

Adams, Brooks & Cole, attorneys for appellant (Joan J. Brooks, of counsel and on the brief; Susan Carter, on the brief).

OPINION EXAMPLE, IF ARGUED:

Joan J. Brooks argued the cause for appellant (Adams, Brooks & Cole, attorneys; Ms. Brooks, of counsel and on the brief; Susan Carter, on the brief).

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A11: SOLO PRACTITIONER

(A11)When a solo practitioner is attorney of record, and no other attorney either argues the cause or appears on the brief, do not repeat the attorney's name in a parenthetical (see examples below). This guideline applies equally to pro se parties (see examples at Guideline A9).

MEMO EXAMPLE & OPINION EXAMPLE, IF SUBMITTED:

Robert Silver, attorney for appellant.

OPINION EXAMPLE, IF ARGUED:

Robert Silver argued the cause for appellant.

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A12: "ON THE BRIEF"; LETTER BRIEFS

(A12)The proper designation for brief authors is "on the brief" (singular), even when a reply brief has been filed, and authors of reply briefs should not be men tioned. A letter brief should be identified simply as a "brief."

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A13: JOINT BRIEFS

(A13)When two or more parties file a joint brief, the listing should usually be combined (see examples #1, below). If a combined reference is too unwieldy, list the attorneys separately (see examples #2, below).

MEMO EXAMPLES & OPINION EXAMPLES, IF SUBMITTED:

#1: Appel and Worthley, attorneys for appellant The House Insurance Company, Robinson & Williams, attorneys for appellant Prudential Insurance Company, and John Forbes, attorney for appellant Progressive Insurance (Elizabeth Appel, Rosalie Williams, and Mr. Forbes, on the joint brief).

#2: Ribis and Graham, attorneys for respondent California Union Insurance Company (Thomas R. Curtin, on the joint brief).

Hoagland, Longo, and Oropollo, attorneys for respondent Columbia Casualty Company (Michael Oropollo, on the joint brief).

Kunzman, Coley, & Yospin, attorneys for respondent Allstate Insurance Company (Steven A. Kunzman, on the joint brief).

OPINION EXAMPLES, IF ARGUED:

#1: Elizabeth Appel and Rosalie Williams argued the cause for appellants (Appel and Worthley, attorneys for appellant The House Insurance Company, Robinson& Williams, attorneys for appellant Prudential Insurance Company, and John Forbes, attorney for appellant Progressive Insurance Company; Ms. Appel, Ms. Williams and Mr. Forbes, on the joint brief).

#2: Thomas R. Curtin argued the cause for respondents (Ribis and Graham, attorneys for respondent California Union Insurance Company; Mr. Curtin, on the joint brief filed by respondents).

Hoagland, Longo, and Oropollo, attorneys for respondent Columbia Casualty Company (Michael Oropollo, on the joint brief).

Kunzman, Coley, & Yospin, attorneys for respondent Allstate Insurance Company (Steven A. Kunzman, on the joint brief).

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INDEX (1/96)


SUBJECT GUIDELINE
Amicus Curiae: - captions C8
- appearances

A2

Appellate designation: - who must receive C2(c)
- who need not receive C2(a); C2(b)
Attorneys, appearances: - appellants listed first A3
- Attorney General A4
- authors of briefs A12
- County Prosecutor A4
- designated counsel A5
- joins in brief of another A2
- joint brief with another A13
- listing for each appellate party A2
- non-participation by respondent client in appeal A2
- order of listing A3; A7
- pro hac vice representation A7
- pro se representation A2; A8
- pro se supplemental brief A9
- Public Defender A5
- representation by multiple New Jersey firms A6
- representation of multiple clients A2; C3
- second mention, form of name A10
- solo practitioner A11
- substitution of attorneys A8
- suppressed brief A2
Calendaring, developments subsequent to: A1
Captions, generally: - all parties to be listed C1
- back-to-back appeals C10
- consolidated appeals C11
- corporations, successor C13
- form of names, what determines C12; C13
- et al., use of C4
- impleaded parties C9
- initials, use of in impounded cases C15
- mistakes in C12
- named parties in C1
- order of names in C14
- public officer, change in office holder C13
Corporations: C3; C13
Counterclaims: C9
Crossclaims: C9
Defendants: - defaulted, unserved C2(a)
- dismissed prior to judgment C2(b)
- fictitious C1
- never appeared C2(a)
- order in caption C14
- settling C2(b)
- third-party C9
Fictitious defendants: C1
Impounded cases: C15
Intervenors: - at trial C5
- on appeal C6
Joint brief: A13

Parties:

- affiliated C3
- designations C1
- et al., use of C4
Plaintiffs: - dismissed C2(b)
- multiple plaintiffs represented by one attorney A2; C3
- order in caption C14
- settling C2(b)
- third-party C9
- withdrawing C2(b)
Pro se representation: - by firm A2
- generally A2
- order of appearance A9
Pro se supplemental brief: A9
Reply briefs, attorney designation: A12
Source of appeal: A1

Suppression of brief:

A2
Third-party designations C9

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TABLE OF REVISIONS (1/96)
Guideline Last Revision
C1 6/97
C2 1/96
C3 1/96
C4 1/96
C5 1/96
C6 1/96
C7 1/96
C8 6/97
C9 6/97
C10 6/97
C11 6/97
C12 6/97
C13 6/97
C14 6/97
C15 6/97
A1 6/97
A2 6/97
A3 1/96
A4 6/97
A5 1/96
A6 1/96
A7 1/96
A8 6/97
A9 1/96
A10 6/97
A11 1/96
A12 1/96
A13 1/96

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