What You Can Appeal:

Some people may think anyone who loses a case at trial can appeal, but actually there must be a legal basis for the appeal, not just the fact that the losing party did not like the verdict.

In a trial, there is a trier of fact and a trier of law. The jury is the trier of fact. That means it is their job to determine what happened, which ultimately leads to the verdict of innocent or guilty. The judge, on the other hand, is the trier of law. It is the judge’s job to determine the correct procedures for the trial and apply the proper laws correctly. This may mean deciding who gets to testify or if a specific piece of evidence can be shown to the jury. Appeals can only be about legal errors in your case. In other words, you can only appeal decisions made by the judge, not the jury. Disagreeing with the outcome of a case is generally not grounds for appeal.

Furthermore, the Appellate Division can only review your case if it has jurisdiction, meaning after the trial court or agency issues a final judgment or order. At that point, you can appeal based on the claim that a mistake about the law or court procedures applied caused substantial harm to your case that affected its outcome. This may include mistakes made by the judge about the law, incorrect instructions given to the jury, and errors or misconduct by the lawyers or by the jury. You must show the mistakes harmed you. You can also try to appeal if there was no evidence that could have reasonably supported the outcome of your trial.

In a civil case, an Appellant can file to prevent the enforcement of the judgment until the appeal is over. While it is true that if the Appellate Court refuses to hear the appeal or affirms, or agrees with, the lower court’s judgment, the judgement stands, if the judgment is reversed, the appellate court will usually remand the case, or send the case back to a lower court and order the trial court to take further action, such as ordering:

1. a new trial be held,

2. the trial court's judgment be modified or corrected, or

3. the trial court reconsider the facts, take additional evidence, or consider the case in light of a recent decision by the appellate court.

In New Jersey Municipal Courts, which generally involve motor vehicle/parking tickets, minor criminal offenses, and municipal ordinance offenses, specifically you can appeal if:

1. You believe the facts do not support the judge’s decision; or

2. You believe the judge’s decision does not follow the law.

The New Jersey Supreme Court hears appeals from the Appellate Division of Superior Court. Only certain cases are automatically appealed, but you can file an appeal if:

1. The Appellate judges disagreed in their ruling on the case, or

2. The case involves a substantial constitutional question that has not been settled by prior cases, as agreed by the Supreme Court. 

It is rare for the New Jersey Supreme Court and the Federal Supreme Court to hear cases; the state Supreme Court only heard forty-three cases in 2020 and the federal Supreme Court only hears about 1% of the cases it from which receives requests.

Note default judgements (a ruling against a person who did not show in court), and decisions made by an arbitrator or referee, made in mediation, or agreed to in a settlement, cannot be appealed, but they can be vacated.