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New Jersey Supreme Court

 

If you feel that your case was wrongly decided by the Appellate Division, you may be allowed to file an appeal with the New Jersey Supreme Court. The New Jersey Supreme Court, located in Trenton, is the highest state court in New Jersey. To have the Supreme Court even consider a case, generally you must file a document called a Petition for Certification which asks permission of the New Jersey Supreme Court to file an appeal to that court. Most cases for which an appeal to the Supreme Court is petitioned are not accepted, unless they present a question of general public importance. In emergency situations, the Supreme Court will give permission for trial court cases to be appealed to the Supreme Court without being decided first in the Appellate Division.

Some cases may be automatically appealed to the Supreme Court without asking permission of the court. These include cases that present a substantial (important) question arising under the State or Federal constitution, such as whether a criminal search was properly conducted; and cases where there is a dissent in the Appellate Division. (A dissent is where one of the three judges disagrees with the decision of the other two.)

Some decisions of the N.J. Supreme Court may be appealed to the United States Supreme Court in Washington, D.C. However, it is even more difficult to get permission to have the United States Supreme Court consider a case than it is to have the New Jersey Supreme Court consider a case. For more information about the United States Supreme Court, see Federal Courts, which contains a link to the U.S. Supreme Court Web site.

 

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