New Jersey Supreme Court's New 'Merits Briefing' Process: What Appellate Practitioners Need To Know

On February 26, the New Jersey Supreme Court announced its adoption of a new “merits briefing” model for Supreme Court appeals taken on or after February 10, 2026. Appellate practitioners should be aware that the associated Rule amendments overhaul the timing and procedure for appellants, respondents, and amici curiae, and enhance public access to Supreme Court briefing.

Appellants and Respondents

The change replaces the previous system, which treated the petition for certification briefs as the parties’ merits briefs after the Supreme Court agreed to hear the case. There was no opportunity for merits briefing without the parties filing a motion for supplemental briefing, which could delay resolution of the appeal and cause uncertainty and confusion in the record.