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Capitol Report: Updated Appellate Division Guidelines on After-Hours Emergent Applications Requires Explanation of Urgency

By Tom Nobile posted 20 hours ago

  
The Appellate Division updated its 2018 guidelines on the criteria for reviewing emergent motions to revise the requirement for requesting such motions after hours or on holidays and weekends. 
 
Paragraph six of the guidelines articulates the requirements for such motions after hours. In addition to the requirement to demonstrate that the request for relief cannot wait until the courts open for regular business, the applicant must explain why the court should consider the emergent application during off-hours. 
 
If this burden is met for an after-hours application, the applicant may complete and submit an application for permission to file an emergent motion to the emergent electronic mailbox, which is monitored after hours. 
 
Read the guidelines here
 
Comments Sought on Proposed Amendments to Pro Hac Vice Appearances
 
The state Supreme Court is seeking comments on proposed amendments to Rule 1:21-2 regarding appearances pro hac vice as developed by the New Jersey Lawyers’ Fund for Client Protection (LFCP) in collaboration with its Board of Trustees. 
 
The proposed amendments reinforce the existing rule to clarify that attorneys who are administratively ineligible to practice in the state for failure to pay their annual Lawyers’ Fund for Client Protection assessment are not permitted to appear pro hac vice. This also includes any attorney whose license was revoked due to repeated noncompliance as articulated in R. 1:28-2(c). 
 
“The LFCP was prompted to propose this amendment after two attorneys whose licenses were revoked pursuant to R. 1:28-2(c) obtained Orders granting pro hac vice admission,” Acting Administrative Director of the Courts Judge Michael J. Blee said in his notice to attorneys. 
 
Comments are due by March 13 . For a full copy of the notice, click here

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