Badge - Rated by Super Lawyers Victor A. Rotolo
Badge - Rated by Super Lawyers Anthony P. Kearns third
Badge - Million Dollar Advocates Forum
Badge - Multi Million Dollar Advocates Forums
Badge - New Jersey Supreme Court Certified Attorney
Badge - New Jersey's Best Lawyers For Families 2018
Badge - AV Preeminent Victor A. Rotolo 2024
Badge - Client Champion Gold 2024
Badge - Hunterdon County Chamber of Commerce
Badge - Top 100 The National Trial Lawyers
Please click Award & Selection Criteria & Methodology for information regarding the specific criteria used for selection of each of the above awards.

Appellate Law

Individuals dissatisfied with the decision of a civil or criminal trial have recourse – the Appellate Court. The United States Constitution, as well as individual state constitutions, guarantee the right to appeal. Appellate law deals with judgments that can be appealed and what procedures must be followed to bring appeals before the court, including the filing and challenging of various writs and other issues.

Appellate courts review the evidence and happenings that occurred in trial court; they do not seek out or review evidence that was not presented in the initial trial. It is the job of the Appellate Court, however, to decide if the procedures that were followed at trial were correct and if the appropriate law was utilized during the trial.

In New Jersey appeals are presented to a panel of judges consisting of two or three judges. The panel reviews what happened at the trial level. Generally all facts used in the trial court will be accepted by the panel as facts as well. The Appellate Court, however, has the final say on what is law.

Appellate laws differ between the federal and state legal systems. They also vary between states. In New Jersey, the Appellate Division of the State Superior Court serves as the State’s intermediate Appellate Court. This Division is divided into eight parts, each with three or four judges who rotate annually. New Jersey appeals are not assigned to the parts on a territorial basis as is done on the federal level and in some other states. Decisions made in any of the eight parts are binding throughout New Jersey.

Appeals can be filed after a judgment from a trial court or after a pretrial dismissal. 

In the first instance, the Appellate Court can decide to overrule the trial court’s final decision if the Appellate Court finds legal errors were committed and that those errors adversely affected the outcome. Those errors could include such things as wrongly excluding or admitting evidence, giving the jury incorrect instructions, or not properly following procedures.

In an appeal filed after a judgment following a pretrial dismissal, the Appellate Court decides whether the case should have been dismissed or allowed to go to trial after it reviews the materials of the trial.

Appellate laws vary from court to court and, as a result, may require the expert advice of an experienced appellate law attorney. If you are considering appealing a court decision, contact Kearns Rotolo Law attorneys for advice. Protect your rights. Call Kearns Rotolo Law today.

What Our Clients are Saying

I was very proud to be represented by Tony and felt secure at a time I needed a compass to head out of a difficult bind. Confidence in your counsel and a sense of security in understanding how best to proceed are important reasons to consider Anthony Kearns and his team of outstanding lawyers.

- Lynn

Tony was excellent! He was knowledgeable, responsive and on-time. His experience as a County Prosecutor definitely helped our case as he knows how the legal system works and how to navigate. I highly recommend Tony and his office.

- Matt

Thankfully I found Kearns Rotolo Law and I had a wonderful experience working with Charles Rifici on a difficult divorce/child custody issue. I am so grateful for all the work and guidance he provided. He always took his time and diligently went through all my options with me so I could make the decisions that benefitted my family and I. I will be forever thankful for the top notch services he provided.

- Cinthya

In March of 2022 I contacted Kearns Rotolo Law Firm with an urgent problem, Mr. Kearns and Mr. Rotolo contacted me immediately to give me hope as to rectify my problem. The end result was Mr Kearns was able to solve my issue through extreme professionalism, I am very grateful I found Kearns Rotolo Law firm and I would recommend their law firm to anyone that has a less extreme problem or a more complex problem, I am very grateful for their services.

- Bill

I met with Mr. Kearns yesterday about a devastating situation affecting our family. Mr. Kearns and his entire staff made us feel extremely comfortable and showed our family a compassionate side that gave us comfort in the most uncomfortable of situations. Thank you very much. God Bless.

- Christian