“The Record on Appeal” at the NJSBA Annual Meeting

Today’s seminar, which was sponsored by the NJSBA Appellate Practice Committee, took up the important topic of the record on appeal.  Judge Messano, who headed up the panel, began by stating that the panel hoped actiually to make this topic interesting.  He and the other presenters, who included Judges Lihotz and Cuff (Ret.), as well as representatives of the Supreme Court and Appellate Division Clerk’s offices, succeeded.

Aided by a PowerPoint presentation, the panel began from Rule 2:5-4, which generally defines the appellate record.  They went on to address the statement of items comprising the record for appeals from administrative agencies, motions to supplement the record, motions to strike improper appendix contents, and correction of transcripts. The panel also took up the topic of when a full transcript, an abbreviated transcript, or a statement in lieu of transcript can be appropriate.

Rule 2:9-9 provides for sanctions for disobeying Court Rukes.  The panel highlighted Cherry Hill Dodge, Inc. v. Chrysler Credit Corp., 194 N.J. Super. 282 (App. Div. 1984), where failure to include required record items in the appendix and improper inclusion of items without permission to supplement were among the bases for sanctions being imposed.

Motions to supplement the record are among those that toll the time to file briefs, under Rule 2:6-11.  But if the party filing the motion has already received an extension of time to file the brief, a motion to supplement will not toll the briefing schedule.  The Rule thus precludes the use of a motion to supplement as a tactic to get multiple extensions.

The seminar spilled over into issues such as motions for overlength briefs, the role of amici curiae, and the 2016 Rule amendments that require briefs to include additional matters, beginning with a table of judgments, opinions, and orders.  The room was nearly full of attendees, and they heard a valuable presentation.

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