2:11-3. Opinion, Judgment; Stay After Judgment
2:11-3. Opinion, Judgment; Stay After Judgment
- (a) Dissenting or Concurring Opinion. The court shall file a written opinion upon the final determination of every appeal. A judge of the Appellate Division dissenting or concurring as to result only shall file a separate opinion stating the reasons for his action.
- (b) Judgment; Order for Bail. The opinion of the appellate court shall include its judgment, and no other form of judgment shall be required. It shall state whether the judgment, order or determination below is affirmed, reversed or modified, or it may provide for final judgment dispositive of the action. The date of the filing of the opinion shall be deemed to be the date of the entry of the judgment. If the appellate court reverses a judgment of conviction of a defendant in custody, it may direct the trial court to admit him to bail.
- (c) Notice. Forthwith upon the filing of the opinion, the clerk of the appellate court shall mail true copies thereof to the clerk of the court or agency below and to the parties.
- (d) Stay of Judgment. A motion for a stay of an appellate court judgment shall be served and filed within 20 days of its entry unless the time is enlarged by court order.
- (e) Affirmance Without Opinion.
- (1) Civil Appeals. When in a civil appeal the Appellate Division determines that any one or more of the following circumstances exists and is dispositive of a matter submitted to the court for decision:
- (A) that a judgment of a trial court is based on findings of fact which are adequately supported by evidence;
- (B) that the evidence in support of a jury verdict is not insufficient;
- (C) that the determination of a trial court on a motion for a new trial does not constitute a manifest denial of justice;
- (D) that the decision of an administrative agency is supported by sufficient credible evidence on the record as a whole;
- (E) that some or all of the arguments made are without sufficient merit to warrant discussion in a written opinion;
- then and in any such case the judgment or order under appeal may be affirmed without opinion and by an order quoting the applicable paragraph of this rule.
- (2) Criminal, Quasi-Criminal and Juvenile Appeals. When in an appeal in a criminal, quasi-criminal or juvenile matter, the Appellate Division determines that some or all of the arguments made are without sufficient merit to warrant discussion in a written opinion, the court may affirm by specifying such arguments and quoting this rule and paragraph.
