Civil Court Rules and Jury Charges

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

Saturday, October 17, 2009

Court Rule 1:41-4. Review of Action of Board

Court Rule 1:41-4. Review of Action of Board

(a) Review of Action of Board. Within 20 days after the date of the Board’s Final Decision with respect to revocation or suspension, a respondent may seek review by the Supreme Court by filing an original Notice of Petition for Review (“Notice”) with the Clerk of the Supreme Court and serving a copy of that Notice on the Chair of the Board. The Notice shall set forth respondent’s name and address and, if represented, the name and address of counsel. The Notice shall identify the action of the Board sought to be reviewed and the basis for the requested review. The Notice shall be accompanied by the required filing fee, but no filing fees shall be required if the respondent is a party exempted from filing fees by Rule 2:7-1.

(b) Respondent’s Petition for Review. A petition for review shall be in the form of a letter brief, conforming to the applicable provisions of Rules 2:6-1, 2:6-2(b) and 2:6-10 and not exceeding 20 pages typed, exclusive of table of contents and appendix. It shall also contain a certification by respondent or counsel for respondent that the petition presents a substantial question and is filed in good faith and not for purposes of delay.

(c) Service of Petition. Within ten days after filing of the Notice, two copies of the petition shall be served on the Chair of the Board and nine copies shall be filed with the Clerk of the Supreme Court.

(d) Response to Petition. The Board shall, within 15 days of the service of the petition, serve two copies of a letter brief responding to the petition of respondent and shall file nine copies with the Clerk of the Supreme Court. The letter brief shall conform to the applicable provisions of Rules 2:6-1, 2:6-2 and 2:6-10, and shall not exceed 20 pages typed, exclusive of table of contents and appendix. Within 10 days of such service, respondent may serve on the Chair of the Board two copies and nine file copies with the Clerk of the Supreme Court of a reply brief not exceeding six pages typed, exclusive of table of contents or appendix.

(e) Denial/Grant of Petition; Record; Transcripts. If the Supreme Court grants the petition, the record on review shall be the documents, transcripts and briefs, as provided in the Board’s regulations. Transcripts may be requested by respondent or by the Board, with the requestor bearing the cost of the transcript.

(f) Final Determination. The Court’s final determination of a petition for review may be either by written opinion or by order and shall provide for such final disposition as is appropriate.