New Jersey appellate courts are moving closer to electronic filing of all documents. The anticipated rollout for criminal and civil appeals for attorneys who already have a Judiciary collateral account is Late Spring 2015 and, for all others, Late 2015/Early 2016. All documents submitted in the Superior Court, Appellate Division will be filed through the “eData” (Electronic Docketing of Appeals and Tracking Application) portal. All documents submitted in the Supreme Court of New Jersey will be filed through the “Supreme Court eFiling” portal. Both systems will be accessible through the Judiciary’s website at www.njcourts.com. Currently, registration is by invitation only. Upon full implementation of the systems, attorneys will be required to register as users through the Judiciary website in order to file under these applications. Registration for each system will be separate. Payment of all fees and deposits for cost in electronically filed cases will also be made electronically.
The following is not meant to be a comprehensive summary of all of the new rules and requirements, but rather a broad overview of some of the changes that are anticipated.
E-filing requirements – file format, document formatting, filing deadlines
All scanned documents filed through both systems will be submitted in text-searchable portable document format (PDF). All documents submitted must include the filing attorney’s name, his or her New Jersey attorney identification number and registered e-mail address. Documents submitted prior to 12:00 midnight, as defined by Judiciary data systems, will be deemed “received” as of that date.
An automatic electronic notification providing a link to the document will be generated by the electronic filing system when a document has been received for filing. This notification is deemed effective service on registered users. Service of documents by and on unrepresented litigants and attorneys who are not registered users will be made in accordance with existing Court Rules via mail or personal service.
Margins for all documents shall be one inch, except that the top margin shall be one and one-half inches to accommodate stamps applied by the trial courts, Appellate Division and/or Supreme Court. The duty to provide the Court with paper copies does not arise until the Clerk’s Office has reviewed the submissions for compliance with the Rules of Court and has stamped the documents as “filed.” The filer will then be notified to provide the Court with paper copies.
Paper copy requirements
In the Supreme Court, the filer must provide the Clerk’s Office with two (2) paper copies of a petition for certification, appendix, petitioner’s Appellate Division brief and appendix. If certification is granted, the petitioner shall file five (5) additional paper copies of the “filed” stamped submissions. In the Appellate Division, the filer shall provide three (3) paper copies of the filed brief and appendix to the Court via mail or personal delivery. Sealed documents must be submitted to the Clerk’s Office in paper copy, in separately sealed envelopes clearly and prominently marked “for the confidential use of the court.”
In the Supreme Court, notices of petition for certification, notices of motion, briefs and appendices in support will only be filed electronically. If leave to appeal is granted, seven (7) paper copies of the “filed” stamped submissions must be filed with the Clerk’s Office. Seven (7) paper copies of a notice of appeal or cross-appeal must be filed in addition to the electronic submission.
In the Appellate Division, a filer who submits a motion electronically through the eData system that exceeds a combined total of 75 pages, inclusive of notice of motion, supporting brief and appendix and exclusive of proof of service, will be required to submit simultaneously two (2) additional paper copies of the complete motion and any transcript to the Clerk’s Office.
Processing of your e-filed documents
Electronically filed notices of appeal and case information statements will be forwarded by the Clerk to the trial judge via e-mail or, if the appeal is taken from the decision or action of an administrative agency or officer, to the agency or officer by e-mail. Completion and submission of the transcript request form will be made electronically through the eData system which will notify the reporter and reporter supervisor. When the last volume and copy of the transcript have been delivered to the appellant, the transcript delivery certification and a complete set of CD-ROMs or DVDs, in addition to the paper copy, shall be forwarded to the Clerk.
How to get it done correctly the first time, every time?
Please contact me if you would like to learn more about the upcoming changes coming to filings in the New Jersey Appellate Division and Supreme Court or if you have any questions pertaining to the preparation and filing of an appeal. Counsel Press provides a full spectrum of appellate services. Through our local offices, we offer in-depth knowledge of rules and procedures in all state and federal appellate courts nationwide. Our Iselin, New Jersey office focuses on rule-compliant appellate filings in the New Jersey Supreme Court, Superior Court, Appellate Division, Federal Circuit Courts and U.S. Supreme Court.