While on the state trial court level, our New Jersey trial court judges tend to be lenient in enforcing rules concerning motion practice and briefing (as well as many of the rules of civil procedure), the Appellate Division judges can be much more exacting in enforcing their rules concerning the submission of briefs. In the published decision of Noren v. Heartland Payment Systems, 449 N.J. Super. 193 (App. Div. 2017), the defendant Heartland Payment Systems (“Heartland”) learned the hard way that its failure to comply with the Appellate Division briefing rules resulted in a dismissal of its cross-appeal.
Heartland had filed a cross-appeal in this matter but failed to include in the appendix to its brief all items that were submitted to the trial court on the summary judgment motion or even a statement of the items submitted. It argued to the court that the pertinent court rule (R. 2:6-1(a)(1)) requiring these items only applied if the appeal was from a grant of a summary judgment motion. Because its cross-appeal was from a denial of a summary judgment, it contended that this rule did not apply.
The Appellate Division rejected this argument, finding this interpretation of this rule as too literal. The Court found that the rule was obviously intended to identify for the appellate court those documents which had been presented to the trial court, regardless of how the motion was decided. In deciding how to rule on an appeal involving a summary judgment order, the appellate court is limited to an examination of the original summary judgment records.
If the appellate court was not provided the same information provided to the trial court, it might “stray” from its function as a reviewing court and consider material never presented to the trial judge. Thus, the Appellate Division emphasized that this rule should not be read literally and that the phrase “from a summary judgment” in this rule should be taken to mean “from the disposition of a summary judgment motion.”
This matter was submitted as one for reconsideration before the Appellate Division. The Court dismissed Heartland’s cross-appeal in an unpublished decision and, in this published decision, affirmed that dismissal by denying this motion for reconsideration of its decision.
This case points out the importance in strictly complying with New Jersey state appellate rules in submitting briefs and appendices. While trial court judges often provide much leeway and overlook procedural deficiencies, as demonstrated by this case, the Appellate Division enforces its rules much more stringently.
