N.J. Admin. Code § 6A:4-2.8

Current through Register Vol. 56, No. 12, June 17, 2024

Section 6A:4-2.8 - Contents of briefs

(a) The cover of each formal brief filed pursuant to this chapter shall contain the following information:

1. The Commissioner's name and the Commissioner's docket number for the action;

2. The caption of the action;

3. The designation of the parties in the action before the Commissioner;

4. The title of the document and the designation of the party for whom it is filed; and

5. The name and office address of the representative of record and the names of any attorneys "of counsel" or "on the brief" or the name and address of the party submitting the brief if appearing pro se.

(b) All formal briefs shall be typed double spaced and plainly legible.

(c) All briefs shall be bound or stapled.

(d) Each formal brief filed by an appellant shall contain the following material under distinct titles, arranged in the following order:

1. A table of contents, including the point headings to be argued;

2. If the appeal raises questions concerning educational policies, a concise and specific statement of the policies;

3. A concise procedural history, including a statement of the proceeding's nature and a reference to the order, decision, or action appealed or sought to be reviewed;

4. A concise statement of the facts material to the issues on appeal supported by references to the record and transcript. The statement shall be in the form of a chronological narrative summarizing all pertinent evidence, but shall not be a summary of all evidence adduced at hearing, witness by witness; and

5. The legal argument for the appellant, under appropriate point headings, distinctively printed or typed, into as many parts as there are to be argued.

(e) All briefs shall be dated and signed by the party submitting the brief, if appearing pro se, or by the representative of record, if the party is represented.

(f) All briefs shall strictly preserve the anonymity of any minor who is a party to or witness in the matter by means such as using initials in place of the minor's name.

(g) In lieu of filing a formal brief in accordance with (d) above, the appellant may file a letter brief. Letter briefs may be typed either single or double-spaced. Letter briefs shall conform with the requirements of this section, except for provisions expressly applicable only to formal briefs. No cover need be annexed, provided the information required is included in the heading of the letter.

(h) Respondent's answer brief shall conform to the requirements of this section, but shall include a counter-statement of facts only if respondent disagrees with the statement of facts in appellant's brief.

(i) A brief in support of a cross appeal shall conform to the requirements of this section.

(j) Appellant's reply brief shall conform to the requirements of this section.

N.J. Admin. Code § 6A:4-2.8

Amended by 48 N.J.R. 2782(a), effective 12/19/2016