Thursday, February 11, 2010

COURT RULE 2:2-5. Consequences of Certain Appellate Division Judgments

2:2-5. Consequences of Certain Appellate Division Judgments

(a) Interlocutory Orders. A judgment of the Appellate Division on an appeal to it from an interlocutory order, decision or action shall be deemed to be interlocutory and not reviewable by the Supreme Court as a final judgment, unless the judgment of the Appellate Division is dispositive of the action.

(b) Final Judgments. A judgment of the Appellate Division on an appeal to it from a final judgment shall be reviewable by the Supreme Court on certification or, when appropriate, as of right, notwithstanding the remand of the matter by the Appellate Division for further proceedings. If jurisdiction is retained, however, the matter is interlocutory and subject to R. 2:5-6 and R. 2:8-1.