A New Rule, 2:9-14, is Promulgated Regarding Supreme Court Review of Orders Granting Pretrial Detention

This morning, the Supreme Court published a notice to the Bar, available here, regarding a new Court Rule that addresses review by the Court of Appellate Division rulings regarding pretrial detention.  That rule, Rule 2:9-14, was adopted on December 6 and will be effective as of January 1, 2017.

The new Rule 2:9-14 provides that requests for relief from the Supreme Court from decisions on appeals as of right to the Appellate Division under Rule 2:9-13, which governs appeals of orders granting pretrial detention, “shall be by motion for leave to appeal.”  The usual rules applicable to motions for leave to appeal are to govern, though with some exceptions.  Briefs are limited to five pages per side, and the record is limited to those briefs, the Appellate Division’s disposition under Rule 2:9-13(e), and the documents that comprised the record before the Appellate Division under Rule 2:9-13(d).  The filing of a motion for leave to appeal under this new Court Rule does not divest the trial court of jurisdiction unless the Supreme Court so orders.