Saturday, March 15, 2014

Appellate Rule 2:12-7. Form, Service and Filing of Petition for Certification

2:12-7. Form, Service and Filing of Petition for Certification
         (a) Form and Contents. A petition for certification shall be in the form of a brief, conforming to the applicable provisions of R. 2:6 and not exceeding 20 pages exclusive of tables of contents, citations and appendix. It shall contain a short statement of the matter involved, the question presented, the errors complained of, the reasons why certification should be allowed, and comments with respect to the Appellate Division opinion. It shall have annexed the notice of petition for certification; the written opinions of the courts below; a copy of the transcript of any relevant oral opinions or statements of findings and conclusions of law; and in the case of a sentencing appeal heard by the Appellate Division pursuant to R. 2:9-11, the transcript of the oral argument, which shall be requested from the Chief, Reporting Services in the Appellate Division. The petition shall be signed by petitioner's counsel who shall certify that it presents a substantial question and is filed in good faith and not for purposes of delay.

         (b) Service, Filing and Time. Within 10 days after the filing of the notice of petition for certification or 30 days after the entry of the final judgment, whichever is later, two copies of the petition shall be served on each opposing party and four copies thereof together with four copies of petitioner's Appellate Division brief and appendix shall be filed with the Clerk of the Supreme Court. If certification is granted, petitioner shall file five additional copies of the petition and petitioner's Appellate Division brief and appendix within 10 days following receipt of the order granting certification.