You receive the Appellate Division’s opinion and sigh as your arguments were not successful in securing the client’s desired result. Following your second look, you are convinced the result is wrong. What now? Should you consider filing an appeal or seek certification to the Supreme Court? There’s a lot to think about. 

Some initial housekeeping points. The Court’s filing deadlines are tight. The notice of petition for certification must be filed and served within 20 days of the date of the Appellate Division’s opinion. Rule 2:12-3(a). Similar to the Appellate Division procedure, if you seek reconsideration of the Appellate Division judgment, the 20-day clock stops on the date of submission and restarts when the order is entered. Despite the name, petitions for certification are formal or letter briefs, due 30 days from the filed Appellate Division decision. Court rules detail the format and content of a petition, which are different from brief requirements submitted to the Appellate Division. See Rules 2:12-2, -7, -8.

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