Monday, February 15, 2010



Court Rule 2:8-1. Motions

(a) Contents; Form of Brief and Appendix. Every motion shall be accompanied by a brief, conforming either to the requirements of R. 2:6-2(a) (formal brief) or (b) (letter brief), and by an appendix and shall be in the form and reproduced as provided by R. 2:6-10. The brief shall explain clearly the nature of the action, the relief the moving party seeks and why the moving party is entitled thereto. It may, for purposes of clarity, summarize pleadings and other undisputed papers or records which do not accompany the brief. The appendix shall include the judgment or order and the opinion or statement of findings and conclusions below and, where essential, the transcript of the testimony, depositions or other discovery, pleadings or other portions of the record, including the portions thereof upon which the movant should reasonably assume the opposing party will rely. If the transcript cannot be obtained in time for the motion, an affidavit may be filed in lieu thereof giving the substance of such testimony. If the motion is opposed, the opposing party shall file an answering brief setting forth with equal explicitness the grounds of opposition, annexing an appendix containing copies of any papers relied on which are not in the moving party's appendix. On motion for leave to appeal the brief shall include argument on the merits of the issues sought to be appealed. If no opposing brief is filed the court may consider the motion unopposed. Without leave of the court, which may be applied for ex parte, supporting and answering briefs shall not exceed 25 pages, exclusive of tables of contents, table of citations and appendix.

(b) Time for Filing and Service; Copies; Argument. The moving party shall serve 2 copies of the moving papers on all other parties. In the Appellate Division, the original and 4 copies of the papers shall be filed with the Clerk of that court. In the Supreme Court, the original and 8 copies of the papers shall be filed with the Clerk of that court. Within 10 days after the service of the movant's papers, the opposing party shall serve and file the same number of papers in opposition. No other papers shall be filed by either party without leave of court. Motions shall not be argued unless the court directs oral argument.

(c) Disposition. Unless the court otherwise directs, all motions in the Appellate Division shall be decided by a single judge except that motions for bail, stay of any order or judgment, summary disposition, and leave to appeal shall be decided by a panel of at least two judges. Insofar as practicable, motions for reconsideration and motions for counsel fees for work performed in the Appellate Division shall be decided by the judges who decided the original matter.

(d) Order and Notice. Unless the court otherwise directs, upon determination of the motion the court or the clerk acting under its direction shall forthwith enter an order granting or denying the motion in accordance with the determination of the court and shall mail true copies thereof to counsel.

(e) Fees. If the motion is the first paper filed in the appellate court by the moving party it shall be accompanied by the fee required by N.J.S.A. 22A:2.