Legal Question in Real Estate Law in New Jersey

A jugment of the Small Claims Section can be appealed under the Rules Governing the Courts of the State of New Jersey but it is rarely cost-effective to do so. If you want to pursue an appeal, there are time limits that must be strictly followed and you must order and pay for a certified written transcript of the trial. The appeal does not entitle you to a new trial. The Appellate Division reviews the case on the record set out in the transcript and on a written brief that must be prepared by the appellant. The brief points out the specific errors alleged to have been made by the trial court and the related legal argument. The lower trial court will not be reversed except if an error of law was made or if the findings of fact were clearly erroneous or an abuse of discretion and capable of producing an unjust result. Pursuing an appeal except throught a lawyer is inadvisable unless the appellant is fully familiar with Part II of the Rules of Court since the other party may be entitled to be compensated for its attorney fees for violation of the rules.

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