The Supreme Court today published Court Rule amendments that (except for certain changes that will take effect on January 1, 2015) that will become effective on September 1, 2014. Those amendments that address appellate practice, all of which are effective on September 1, 2014, parallel the recommendations of the Civil Practice Committee, which were discussed here.
To recap, Rule 1:13-9 has been amended to make clear that motions to participate as amicus curiae in the Supreme Court may be made not only in connection with petitions for certification, but also on appeals as of right and motions for leave to appeal. Rule 2:5-6(c) now affords trial level judges ten days, instead of five days, to file a written statement of reasons for disposition after a motion for leave to appeal that disposition has been filed. Rule 2:6-11 has been amended to list a number of motions that toll the time for further briefing, while also providing that a party that files such a motion but has previously been granted an extension of time does not get automatic tolling of the due date for its brief but must instead seek a further extension by motion. Rule 2:11-1 now permits other parties to rely on a request for oral argument in the Appellate Division that has been filed by any party to the appeal, and states that a party that files an oral argument request may withdraw that request only with the consent of all other parties participating in the appeal. Rule 2:12-10 has been amended to require that the date on which a petition for certification is granted by the Supreme Court be posted on the Judiciary website. That helps effectuate the provisions of Rule 1:13-9 regarding the deadline for filing motions for leave to appear as amicus curiae. Finally, Rules 2:7-2 and 2:7-4 have been amended to include more specificity as to when counsel may be appointed, based on indigency, for an appellant convicted of a non-indictable offense.