HOW TO APPEAL A DECISION OF A
MUNICIPAL COURT
WHO SHOULD USE THIS PACKET?
If you have been found guilty and have been sentenced by a Municipal Court judge and you want to
appeal, then this packet will show you how. Some reasons to file an appeal are:
• you believe the facts do not support the judge’s decision; or
• you believe the judge’s decision does not follow the law.
IMPORTANT POINTS TO REMEMBER:
1. The Municipal Court must receive your Notice of Municipal Court Appeal form within 20 days
(including weekends and holidays) from the date you were found guilty (see Steps 1 and 3).
2. There is a $75 filing fee plus a transcript fee which you must pay in advance. Both of these fees
are non-refundable (see Steps 2 and 6).
3. If you were represented by a court appointed attorney in your Municipal Court proceeding, please
consult with that person prior to filing your appeal. The assigned counsel can help you file your
appeal.
Date: 2/01
NOTE: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-
represented litigants. The guides, instructions, and forms will be periodically updated as necessary to reflect current
New Jersey statutes and court rules. The most recent version of the forms will be available at the county
courthouse, your local Municipal Court or on the Judiciary’s Internet site (www.judiciary.state.nj.us). However,
you are ultimately responsible for the content of your appeal.
Revised 02/2001, CN 10559-English, How to Appeal a Decision of a Municipal Court page 2 of 9
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THINGS TO THINK ABOUT BEFORE YOU REPRESENT YOURSELF IN COURT
DECIDE WHETHER TO GET A LAWYER
The court system is often complicated and confusing. As
a result, you may wish to consult with a lawyer before
deciding whether to represent yourself in court. If you
cannot afford a lawyer or do not know how to go about
finding a lawyer, you can:
• Call the New Jersey Attorney Referral Office in
your county; or
• Ask any of the State or County Bar Associations
for the names of lawyers who may be able to
represent you at a reduced price.
NOTE: If you believe you qualify for a court-appointed
lawyer, ask the court staff at either the Municipal or
Superior Court for more information. The court staff can
give you the forms needed to apply for a court-appointed
lawyer.
WHAT YOU SHOULD EXPECT IF YOU
REPRESENT YOURSELF
While you have the right to represent yourself in court,
you should not expect any special treatment, help, or
attention from the court. The following is a list of some
things the court staff can and cannot do for you. Please
read it carefully before asking the court staff for help.
We can explain and answer questions about how the court
works.
We can tell you what the requirements are to have your
case considered by the court.
We can give you some information from your case file.
We can provide you with samples of court forms that are
available.
We can provide you with guidance on how to fill out
forms.
We can usually answer questions about court deadlines.
We cannot give you legal advice. Only your lawyer can
give you legal advice.
We cannot tell you whether or not you should bring your
case to court.
We cannot give you an opinion about what will happen if
you bring your case to court.
We cannot recommend a lawyer, but we can provide you
with the telephone number of a local lawyer referral
service.
We cannot talk to the judge for you about what will
happen in your case.
We cannot let you talk to the judge outside of court.
We cannot change an order issued by a judge.
COURT RULES ABOUT MUNICIPAL COURT APPEALS
You can get additional information on how to file a Municipal Court appeal by looking up Rule 3:23 in the Rules
Governing the Courts of the State of New Jersey. Although this packet will walk you through the appeal process, you
should consider reading this rule if you decide to file your own Municipal Court appeal. A copy of the rule book is
available at the State Library in Trenton, law libraries, and at many of the county and municipal public libraries located
throughout the State.
CHECKLIST
Please feel free to use this Checklist as you complete each of the six steps discussed in the following section. Please pay
close attention to the time frames indicated in each Step.
__ Complete FORM A (Notice of Municipal Court Appeal) – See STEP 1.
__ Complete FORM B (Transcript Request – Municipal Court) – See STEP 2.
__ Contact the Municipal Court to determine what the estimated cost of the Transcript will be – See STEP 2.
__ After completing FORM B (Transcript Request – Municipal Court), take it to the Municipal Court to order the
correct number of transcripts. Please remember to bring/enclose a check to pay for the transcript – See STEP 2.
__ Mail or deliver FORM A (Notice of Municipal Court Appeal) to the Municipal Court – See STEP 3.
__ Mail or deliver a copy of FORM A (Notice of Municipal Court Appeal) to the Prosecuting Attorney(s) – See
STEP 4.
__ Complete FORM C (Certification of Timely Filing) – See STEP 5.
__ Mail or deliver a copy of FORM A and the completed FORM C, along with the $75 filing fee, to the Criminal
Division Manager at the Superior Court – See STEP 6.
Revised 02/2001, CN 10559-English, How to Appeal a Decision of a Municipal Court page 3 of 9
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6 STEPS FOR FILING YOUR APPEAL
STEP 1: Fill out FORM A (Notice of Municipal Court
Appeal)
STEP 2: Fill out FORM B (Transcript Request -
Municipal Court)
As part of the appeal process, you must order an original
and a copy of the written record, also called a transcript,
of your Municipal Court hearing. To order these
transcripts, you must fill out FORM B (Transcript
Request-Municipal Court) and mail or deliver it to the
Municipal Court where your hearing took place.
NOTE: You will have to pay for the transcript in advance.
This non-refundable fee depends on the length of your trial.
Before you send or deliver the Transcript Request-
Municipal Court form to the court, please call the court to
get from them 1) the estimated cost of the transcript and 2)
who the check should be written to. If you cannot afford to
pay for the transcript, ask court staff at either the
Municipal or Superior Court how you can apply to have the
transcript produced at court expense.
One of the two transcripts you are required to order is for
the Prosecutor and the other is for the Criminal Division
Manager at the Superior Court (see STEPS 4 and 6). If you
want a transcript for yourself, you should order a third
copy when you place your original transcript order.
STEP 3: Mail or deliver FORM A (Notice of
Municipal Court Appeal ) to the Municipal Court
In order to let the Municipal Court Administrator of the
Municipal Court in which you were originally found guilty
know that you are filing an appeal, you must mail or deliver
FORM A (Notice of Municipal Court Appeal) to that
court. The Municipal Court must receive this form no
later than 20 calendar days (this includes weekends &
holidays) after the date you were found guilty. If the
Municipal Court does not RECEIVE the appeal form
by the 20 day deadline, your appeal will not be heard.
NOTE: Before you deliver or mail the original of FORM
A to the Municipal Court, please make some extra copies.
The information contained in STEPS 4 and 6 will let you
know how many copies you will need. These additional
copies are needed to help you complete the filing of your
appeal.
If you mail FORM A instead of delivering it in person, you
should send it certified mail, return receipt requested.
Your post office can tell you how to do this.
STEP 4: Mail or deliver a copy of FORM A to the
Prosecutor
You must send a copy of FORM A to the Prosecutor no
later than 5 days after you mailed or delivered the
original copy of FORM A to the Municipal Court. If you
mail the form, instead of delivering it in person, you
should send it certified mail, return receipt requested.
In almost all cases the prosecuting attorney is the County
Prosecutor. However, in some cases the prosecuting
attorney may be a different person. To determine if the
prosecuting attorney for your case may be someone other
than the County Prosecutor, please refer to the sheet at the
end of this packet labeled Determining the Prosecuting
Attorney.
STEP 5: Fill out FORM C (Certification of Timely
Filing)
Fill out FORM C ( Certification of Timely Filing) and
attach it to a copy of FORM A. FORM C is your
certification telling the court that you mailed the
necessary papers on time and to the correct places.
STEP 6: Mail or deliver a copy of FORM A and the
original of FORM C to the Criminal Division
Manager at the Superior Court
You must send a copy of FORM A and the original of
FORM C (Certification of Timely Filing) to the Criminal
Division Manager at the Superior Court. The Superior
Court must receive these forms no later than 5 days
after the original copy of FORM A (Notice of Municipal
Court Appeal) was received by the Municipal Court. If
you mail the forms, you should send them in one envelope
certified mail, return receipt requested.
The copy of FORM A and the original of FORM C should
be mailed or delivered to the Criminal Division Manager
at the County Courthouse in the county where the original
Municipal Court case was heard. This address can be found
in the Directory of Superior Court Clerk’s Offices-Law
Division contained in this packet. If you are not sure
which county you should file your appeal in, ask someone
at the Municipal Court for assistance.
NOTE: A filing fee of $75 is required to file your Notice
of Appeal with the Criminal Division Manager. Make the
check or money order payable to the State of New
Jersey–Judiciary. However, if you cannot afford to pay
for filing the appeal, ask the court staff at either the
Municipal or Superior Court how to apply for the waiver
of the filing fee.
