Legal Question in Personal Injury in New Jersey
Case on appeal in New Jersey
Hello, I have a case where the defendant is currently appealing. My question is, if the defenedant loses the case, can they automatically appeal to the New Jersey Supreme Court or is there certain criteria that must be met before they are able to do so.
My fear is that the defendant will simply drag this on for another few years (to get out of paying the verdict) if the lost the appeal. Basically I was hoping that there would be a certain criteria that they would have to qualify for before they could appeal to the NJ supreme court, thus not making me wait another year before they have to make due on my jury award.
If there is criteria for them to meet to appeal to the supreme court, how soon after their appeal is rejected would we find out that they denied an appeal to the NJ supreme court.
Thank you so very much in advance.
--name removed--
Thank you so much!!!
2 Answers from Attorneys
Re: Case on appeal in New Jersey
Obviously you have an attorney already, so really this question is best directed to him or her.
However, in general, the only time there is an appeal as of right to the NJ Supreme Court is if the Appellate Division had a disagreement in the 3 judge panel. Otherwise, one must petition for Certification and the Court will only entertain those cases in which there is manifest injustice, unsettled law, important public policy issues or other significant reasons to take the case; most cases do not get Certified.
Re: Case on appeal in New Jersey
You should ask your lawyer this question as they are in a better position to assess the merits of your case.