Thursday, February 11, 2010

NJ Court Rule 2:4-3. Tolling of Time for Appeal and Certification

2:4-3. Tolling of Time for Appeal and Certification

The running of the time for taking an appeal and for the service and filing of a notice of petition for certification shall be tolled:

(a) By the death of an aggrieved party, or by the death, disbarment, resignation or suspension of the attorney of record for such party, but the time shall run anew from the date of death, disbarment, resignation or suspension; or

(b) By the timely filing and service of an application for reconsideration made to the Appellate Division pursuant to R. 2:11-6 or, on an appeal to the Appellate Division from a state administrative agency or officer, to the agency pursuant to its rules and practice, but the remaining time shall again begin to run from the date of the entry of the Appellate Division order denying such application or the date of service of the decision or denial of such application by the agency; or

(c) In criminal actions on an appeal to the Appellate Division by the timely filing and service of a motion to the trial court for judgment pursuant to R. 3:18-2, or for a new trial pursuant to R. 3:20, or in arrest of judgment pursuant to R. 3:21-9, or for rehearing or to amend or make additional findings of fact pursuant to R. 1:7-4. The remaining time shall again begin to run from the date of the entry of an order denying or disposing of such a motion; or

(d) In criminal actions by the insanity of the defendant, but the time shall run anew from the date of the removal of such disability; or

(e) In civil actions on an appeal to the Appellate Division by the timely filing and service of a motion to the trial court for rehearing or to amend or make additional findings of fact pursuant to R. 1:7-4; or for judgment pursuant to R. 4:40-2; or for a new trial pursuant to R. 4:49-1; or for rehearing or reconsideration seeking to alter or amend the judgment or order pursuant to R. 4:49-2. The remaining time shall again begin to run from the date of the entry of an order disposing of such a motion.