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the appeal process
is as follows so there’s deadlines of
course and for example if you’re going
to appeal from a final judgment it’s 45
days
you can appeal really up until that last
minute the 44th day or the 45th day and
the notice of appeal the paperwork that
you file is relatively straightforward
and short maybe a couple of pages
but
what follows
is the writing and submission of
a brief a legal brief which is
quite long and extensive and appendices
of all the underlying papers and the
transcripts
and the
the judges in trenton
um read everything
they want a complete record and they get
a complete record
then of course the other side has a
chance to respond and you have a chance
to respond to what they respond to
ultimately there’s oral argument
um should it go that far and you appear
in trenton and uh in the appellate
division and there’s oral argument with
the justices
there’s one thing i should add which is
that there’s something called the
casp civil appear appeals settlement
program
what that is is um it’s a sort of a
pre-screening
so the appel division will say we’ve
looked at this case at least initially
and we believe that you might benefit
from the this program which is a
mediation program
so you meet with a typically a retired
judge
um or a judge on recall who has a lot of
experience from the appellate division
and they’ll help you mediate the case
you’ll provide statements
um shorter statements a couple of pages
and then these judges really really try
to dig in and help
settle these cases before ultimately
they go that far
um all the way i’ve had probably half
let’s say half
of the case of the appeals that i’ve
been involved with have settled
in this program the casp program
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Bradley Beach, NJ family law attorney Brian Winters details the process to file an appeal.