Appeal

What is an appeal?

An appeal is a request that a higher court examine what the trial court did and correct legal mistakes. In New Jersey civil cases that court is the Appellate Division of the Superior Court.

It is not a rehearing. No witnesses testify, no new evidence is introduced, and the appellate court works from the trial record and written briefs.

Further review by the New Jersey Supreme Court is available in limited circumstances rather than as a matter of right.

The framing is narrower than most people expect. An appeal asks whether the trial was conducted correctly, not whether the outcome feels right.

What can an appeal address?

Appeals target legal error rather than disagreement with the outcome.

• Incorrect jury instructions on the applicable law
• Improper admission or exclusion of evidence
• Error in granting or denying summary judgment
• An award so excessive or inadequate as to be unsustainable
• Misapplication of a statute such as a threshold or immunity
• Procedural errors that affected the result

What will an appeal not do?

It will not reweigh the evidence. Appellate courts defer to the jury on credibility and factual findings, so arguing that the jury believed the wrong witness rarely succeeds.

It also requires preservation. Issues not properly raised at trial are generally unavailable on appeal, which is why objections are made in the moment even when they seem futile.

Deadlines are strict. The period for filing runs from entry of final judgment and is not readily extended.

Standards of review also vary by issue. Legal questions are examined afresh while discretionary rulings receive considerable deference, which affects how appealable a given error actually is.

What are the practical considerations?

Appeals take time, commonly a year or more from filing to decision, during which payment is typically deferred.

Outcomes are varied. A successful appeal often results in a new trial rather than an immediate award, meaning the case starts over rather than concluding.

That combination of cost, delay and uncertainty is why many parties settle after a verdict rather than appeal, sometimes at a discount reflecting the appeal risk.

Common questions

How long do I have to appeal?

The period runs from entry of final judgment and is short. Extensions are limited, so the decision to appeal must be made quickly.

Can I appeal because I disagree with the amount?

Only where the award is so disproportionate that it cannot be sustained. Ordinary disagreement with a jury's valuation is not grounds.

Does an appeal delay payment?

Generally yes. Enforcement is commonly stayed while the appeal is pending, though post judgment interest continues to accrue.

Can the other side appeal if I win?

Yes. Either party may appeal an adverse final judgment, and a defendant appealing typically delays payment while the appeal is pending. Post judgment interest continues to accrue in the meantime, which partly offsets the delay. Settling after a verdict at a discount reflecting the appeal risk is common, and it converts an uncertain outcome years away into a certain one now.