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RayAnswers, Attorney
Category: Business Law
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Experience:  I have 30 years as a business lawyer in Texas
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I have three questions to ask you. 1). I submitted my appeal

Customer Question

Hello,this is John Giercyk. I have three questions to ask you.1). I submitted my appeal of a decision to the Appellate Court, there weeks later I received a motion from a lawyer to suppress evidence my appeal due to the reason the evidence in question was not previously submitted. Is it too late to submit the evidence?2). There are three lawyers involved. Does deadline to answer their briefs start when I receive the first brief or the last?3). With the deadline rapidly approaching I only received one lawyers brief. If the other two are not received by the deadline, would my submission deadline be from the first lawyers brief receive date or the deadline they had to submit their briefs by?Thank you
John
Submitted: 5 months ago.
Category: Business Law
Expert:  RayAnswers replied 5 months ago.

Hi John and welcome back to JA. Ray here to help you tonight.

Let's got through these.

Hello,this is John Giercyk. I have three questions to ask you. 1). I submitted my appeal of a decision to the Appellate Court, there weeks later I received a motion from a lawyer to suppress evidence my appeal due to the reason the evidence in question was not previously submitted. Is it too late to submit the evidence?

Yes unless the record transcript reflects that you tried to offer the exhibit and court ruled against you.

Sorry if it is not int he exhibits or an attempt in the record the court will not consider it.It didn't hurt you to try though.

2). There are three lawyers involved. Does deadline to answer their briefs start when I receive the first brief or the last?

If you are the appellant here you filed your brief first.Your deadline for response brief starts the date they file their briefs.

3). With the deadline rapidly approaching I only received one lawyers brief. If the other two are not received by the deadline, would my submission deadline be from the first lawyers brief receive date or the deadline they had to submit their briefs by?

You would respond to the one brief here, you should have more time to respond to the others.

Rules for reference

2:6-5. Contents of Reply Brief and Appendix

The appellant may file a reply brief; which shall conform either to the requirements of R. 2:6-2(a) (formal brief) or (b) (letter brief), and may set forth in an appendix thereto such additional parts of the record as may be pertinent.

http://www.judiciary.state.nj.us/rules/r2-6.html

Expert:  RayAnswers replied 5 months ago.

Time for Serving and Filing Transcript, Briefs, and Appendices

  • 1. The court reporter or transcribing agency provides the Appellate Division with a copy of the transcript. The appellant must provide the remaining three copies and must provide one copy to any one respondent, to be shared by all the respondents. This should be done within 10 days of receipt of the complete transcript, but no later than at the time of filing the appellant's brief.

  • 2. Pursuant to the Court Rules, the appellant shall serve and file a brief and appendix as follows:

    • a. Within 45 days after the delivery of the transcript, if a verbatim record was made of the proceedings below.

    • b. If the transcript was delivered prior to the filing of the notice of appeal or if no verbatim record was made of the proceedings below, within 45 days of the filing of the appeal.

    • c. On an appeal from a State administrative agency, within the time stated above, or within 45 days after the Attorney General serves and files the statement of the items comprising the record on appeal, whichever is later.

  • 3. A respondent shall serve and file a brief and appendix, if any, within 30 days after receiving the appellant's brief and appendix.

  • 4. The appellant may serve and file a reply brief within 10 days after receiving the respondent's brief.--starts the day you receive it.

  • 5 . If a cross-appeal has been filed, the briefing schedule is similar, except that the appellant gets 30 days to file a brief in response to the cross-appeal and the respondent cross-appellant gets 10 days to file the reply.

  • 6 . In spite of the time provisions stated above, the court may enter a separate scheduling order. If it does, those time limits shall be the ones that must be adhered to.

  • 7. Each party should file five copies of its brief and appendix with the Clerk's office and serve two copies on each of the other parties. A proof of service should be filed with the Clerk's office.

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