Rule 2:9-13. Appeals from Orders Granting Pretrial Detention
(a) Appealable Order; Expedition. An order granting a motion for pretrial detention pursuant to R. 3:4A shall be appealable as of right to the Appellate Division. Appeals filed pursuant to this rule shall be expedited.
(b) Time to File Appeal; Order Transcript. An appeal shall be taken by serving and filing a notice of appeal and required Expedited Information Form within seven days of entry of the order granting pretrial detention. If appellant believes that a transcript is necessary to the consideration of the issues on appeal, the transcript shall be ordered at the expedited delivery rate simultaneously with the service and filing of the notice of appeal. A transcript shall be presumed to be required in at least the following instances, unless appellant believes that a transcript is not necessary to decide the issues on appeal: when witnesses have testified in the trial court and the basis of the appeal depends on review of that testimony; when there are material differences between the written order and the oral decision or related colloquy by the court; when an oral procedural or evidentiary ruling is being challenged; and when the trial court's factual findings are challenged. Notwithstanding the above, the court retains the authority to direct that the transcript be ordered by appellant at any time, if, in its determination, the record presented is insufficient for consideration of the issues on appeal.
(a) Appealable Order; Expedition. An order granting a motion for pretrial detention pursuant to R. 3:4A shall be appealable as of right to the Appellate Division. Appeals filed pursuant to this rule shall be expedited.
(b) Time to File Appeal; Order Transcript. An appeal shall be taken by serving and filing a notice of appeal and required Expedited Information Form within seven days of entry of the order granting pretrial detention. If appellant believes that a transcript is necessary to the consideration of the issues on appeal, the transcript shall be ordered at the expedited delivery rate simultaneously with the service and filing of the notice of appeal. A transcript shall be presumed to be required in at least the following instances, unless appellant believes that a transcript is not necessary to decide the issues on appeal: when witnesses have testified in the trial court and the basis of the appeal depends on review of that testimony; when there are material differences between the written order and the oral decision or related colloquy by the court; when an oral procedural or evidentiary ruling is being challenged; and when the trial court's factual findings are challenged. Notwithstanding the above, the court retains the authority to direct that the transcript be ordered by appellant at any time, if, in its determination, the record presented is insufficient for consideration of the issues on appeal.
(c) Time for Serving and Filing Letter Briefs; Length of Letter Briefs; Reply Letter
Briefs. In those appeals in which a transcript has been ordered, the appellant shall serve
and file a letter brief and appendix within ten days after the delivery to appellant of the
transcript. In those appeals in which no transcript has been ordered, and appellant has
opted to file a letter brief, the letter brief and appendix shall be served and filed within ten
days after the filing of the notice of appeal. Appellant's letter brief shall not exceed eight
pages. The respondent shall serve and file an answering letter brief and appendix within
ten days after the service of appellant's letter brief. In those appeals in which no transcript
is required and the appellant has opted to rely on the Expedited Information Form and
attachment, if any, in lieu of a letter brief, the respondent's brief and appendix shall be
served and filed within ten days of the filing of the appellant's Expedited Information Form.
Respondent's letter brief shall not exceed eight pages. No reply letter briefs or
supplemental letter briefs shall be permitted without leave of court. There shall be no
extensions of time to file letter briefs without leave of court.
(d) Consideration on the Record. Pretrial detention appeals shall be submitted for consideration on the record without argument, unless requested by the court. The following shall constitute the record on appeal:
(f) Trial Court Retention of Jurisdiction. The filing and pendency of an appeal taken pursuant to this rule shall not divest the trial court of jurisdiction, unless otherwise ordered by the court.
(g) Continuing Obligation to Inform Court of Change in Detention Status. Appellant's counsel shall have a continuing obligation to inform the court immediately if there is any change to the appellant's pretrial detention status.
(h) Electronic Filing Required by Attorneys. Appeals of orders granting pretrial detention filed by attorneys must be filed through the Appellate Division's electronic filing application.
(i) Paper Filing by Self-Represented Defendants. Appeals of orders granting pretrial detention filed by defendants representing themselves must be filed in paper.
Note: Adopted October 19, 2016 to be effective January 1, 2017.
(d) Consideration on the Record. Pretrial detention appeals shall be submitted for consideration on the record without argument, unless requested by the court. The following shall constitute the record on appeal:
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Notice of appeal;
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Expedited Information Form;
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Detention order with written findings of fact and statement of reasons;
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Public Safety Assessment;
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Briefs;
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Appendices;
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Transcript, when required.
(f) Trial Court Retention of Jurisdiction. The filing and pendency of an appeal taken pursuant to this rule shall not divest the trial court of jurisdiction, unless otherwise ordered by the court.
(g) Continuing Obligation to Inform Court of Change in Detention Status. Appellant's counsel shall have a continuing obligation to inform the court immediately if there is any change to the appellant's pretrial detention status.
(h) Electronic Filing Required by Attorneys. Appeals of orders granting pretrial detention filed by attorneys must be filed through the Appellate Division's electronic filing application.
(i) Paper Filing by Self-Represented Defendants. Appeals of orders granting pretrial detention filed by defendants representing themselves must be filed in paper.
Note: Adopted October 19, 2016 to be effective January 1, 2017.
