Toms River, NJ asked in Appeals / Appellate Law for New Jersey

Q: I filed an appeal of a NJ State agency ruling with the NJ Appellate Division.

My Notice of Appeal and Civil Case Information Statement were both Received and Filed with the Appellate Division on April 26, 2019. According to the Case Manager, Marcella Coley, the respondent, an attorney from the NJ Office of the Attorney General (OAG), was required to file a Case Information Statement within 15 days after service of the Notice of Appeal, i.e. April 26, 2019, R. 2:5-1(a) which the OAG has not done. Secondly, the OAG was additionally required to submit a Statement of Items Comprising the Record within 30 days of service of the Notice of Appeal, R. 2:5-4(b) which the OAG has not. Should I file a motion to suppress the respondent's brief now? Should I additionally file a summary judgment motion at the same time?

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1 Lawyer Answer
Brian Winters
Brian Winters
  • Appeals & Appellate Lawyer
  • Bradley Beach, NJ
  • Licensed in New Jersey

A: You can file a motion , but, in my experience, it won’t work . The cis etc are ministerial tasks and the other side will just go ahead and file our of time and the appellate division will just shrug.

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