Civil Court Rules and Jury Charges

Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, August 25, 2009

4:73-6. Appeal From Report of Commissioners

(a) Notice of Appeal; Service, Contents; Docket Number. An appeal from the report of the commissioners shall be taken by an appellant by filing a notice of appeal with the deputy clerk of the Superior Court in the county of venue within 20 days after the date of service upon him or her, by mail or otherwise, of a copy of the report; but the court for good cause shown may extend the time for a period not exceeding 30 days. The notice of appeal shall be served only on persons in possession and parties appearing before the commissioners who have an interest in the property. The appellant in the notice of appeal may demand trial by jury, or any other party may make such a demand within 10 days after service of the notice of appeal. The notice of appeal shall also include notice of an application for an order fixing the date of trial. Unless the courtotherwise orders, if the original action involves a taking or takings from a tract of land under single ownership, the appeal shall be docketed under the number assigned to the original action and shall continue in that action.

(b) Severance. Except as provided in paragraph (a), the appeal concerning takings from each separate tract shall be severed from the action for purpose of trial and shall be docketed as a separate action cross-indexed to the original action. All appeals relating to the same tract shall be docketed under the number assigned to the original notice of appeal as to that tract.