As we all adjust to new procedures to keep the wheels of justice rolling, knowing the dos and don’ts of seeking emergent appellate review offers an important tool in your litigation tool box.  The process appears easy enough; however, understanding the parameters governing the court’s review becomes critical to obtaining relief.

Just as a trial or administrative judge is asked to consider emergent issues presented by an order to show cause, the Appellate Division incorporates a gateway function to identify requests that are truly emergent. The process starts with a request for permission to file an emergent motion. The court rules offer limited guidance on this. See R. 2:9-8; cmt. 4. to R. 2:8-1.  Accordingly, the court issued guidelines and forms to commence the process for emergent review of any trial court order. These necessities are found under the appellate tab of the judiciary’s website, www.njcourts.gov. Importantly, the guidelines for this screening process explain the general principles governing emergent review and even include possible examples.  See https://www.njcourts.gov/forms/10498_appl_perm_file_emerg_motion_portal. pdf?c=yUR (last updated on March 19, 2018).