Thursday, March 16, 2017

Rule 2:9-1. Control by Appellate Court of Proceedings Pending Appeal or Certification revised 2017

Rule 2:9-1. Control by Appellate Court of Proceedings Pending Appeal or Certification
(a) Control Prior to Appellate Disposition. Except as otherwise provided by R. 2:9- 3, 2:9-4 (bail), 2:9-5 (stay pending appeal), 2:9-7, 2:9-13(f), and 3:21-10(d), the supervision and control of the proceedings on appeal or certification shall be in the appellate court from the time the appeal is taken or the notice of petition for certification filed. The trial court, however, shall have continuing jurisdiction to enforce judgments and orders pursuant to R. 1:10 and as otherwise provided. In addition, when an appeal is taken from an order compelling or denying arbitration, the trial court shall retain jurisdiction to address issues relating to claims and parties that remain in that court. When an appeal is taken from an order involving a child who has been placed in care by the Division of Child Protection and Permanency, the trial court shall retain jurisdiction to conduct summary hearings in due course to address issues not the subject of the appeal relating to the child or the child's family. Unless the appeal concerns the permanency plan of the child, the trial court also shall retain jurisdiction to conduct hearings to address the permanency plan of the child. The appellate court may at any time entertain a motion for directions to the court or courts or agencies below or to modify or vacate any order made by such courts or agencies or by any judge below.
(b) Proceedings on Remand to Tribunal of First Instance. When the judgment or decision of the court, agency or officer of first instance has been reviewed by a court whose judgment is reviewable by the Appellate Division, the appellate court may, if it retains jurisdiction and remands to the tribunal of first instance for any appropriate action therein, direct that after execution of the remand the proceedings be returned to itself without preliminary review by the court to which appeal was first taken.
(c) Ineffective Assistance of Counsel Claim in Appeals from Judgment Terminating Parental Rights. In appeals from judgments terminating parental rights pursuant to N.J.S.A. 30:4C-15 et seq. in which ineffective assistance of counsel has been alleged, the appellate court, if it determines there to be a genuine issue of material fact on the issue of the representation provided by trial defense counsel that requires resolution, may retain jurisdiction and remand the case to the trial judge for an accelerated hearing to be completed within 30 days to be followed promptly by an oral opinion by the trial judge. The parties shall then be permitted simultaneously to exchange supplemental appellate briefs on the limited issue of the remand no later than seven days after the filing of the transcript of the remand proceedings.
Note: Source - R.R. 1:4-1 (first sentence), 1:10-6(a) (first and third sentences). Paragraph (a) amended July 16, 1981 to be effective September 14, 1981; paragraph (a) amended November 1, 1985 to be effective January 2, 1986; new paragraph (c) adopted July 16, 2009 to be effective September 1, 2009; paragraph (a) amended July 19, 2012 to be effective September 4, 2012; paragraph (a) amended July 27,
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2015 to be effective September 1, 2015; paragraph (a) amended October 19, 2016 to be effective January 1, 2017.