These are all the documents required for an emergent appeal

These are all the documents required for an emergent appeal of a final order. These apply only if the order is “final” – disposes of all issues as to all parties. If you have any doubt as to whether your order is final (as opposed to “interlocutory”), consult an attorney or at least research the issue – you will need to seek leave to appeal if it’s not final. It’s probably an automatic denial if the order isn’t final.

Steps:

1. Call the Appellate Division and ask who the emergent judge in your county is.

2. Call the emergent judge’s chambers and inform them you want to apply for an emergent appeal.

3. Either complete (MODIFY EVERYTHING IN BOLD) the below or fill out the first form (same as below) the appellate division will fax you.

4. The court will call within two hours or so and let you know if you may proceed on an emergent basis.

5. If they say you can, complete the Notice of Appeal (below), Appellate Case Information Statement, Notice of Motion for Emergent Relief, Proof of Service, and letter brief. There is a $200 filing fee. If you are inidigent, ask in the motion for the court to waive the fee and explain your financial circumstances (attaching a few past-due bills, account statements, etc, also helps).

6. FedEx or hand deliver the package to appellate judges’ chambers and your adversary.

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

APPLICATION TO FILE APPEAL OR MOTION ON AN EMERGENT BASIS

TO: Hon. Dennis J. Braithwaite, JAD fax 609-345-1355 DATE: 6/20/05

FROM: David Perry Davis, Esq. TELEPHONE: 732-274-9444

The following questions are to be answered by the attorney or pro se litigant requesting emergent relief. This questionnaire is simply designed to determine if the application be handled in the ordinary course or on an emergency basis. COMPLETION OF THIS APPLICATION HARRISS NOT IN ANY SENSE CONSTITUTE THE FILING OF AN APPEAL OR MOTION. There is no right to be heard orally on an emergency application.

CASE NAME: Harris v. Harris, FV-11-1614-05

1. What is the vicinage of the matter? (i.e. what judge, in what county or what agency entered the decision?)

Mercer - Hon. Audrey P. Blackburn, JSC.

2. a) What is your name, address, phone number and fax number?

David Perry Davis, Esq.

31 Jefferson Plaza

Princeton, NJ 08540

732-274-9444

b) Whom do you represent?

Plaintiff

3. What is your adversary's name, address, phone number and fax number?

Please give me a brief summary of the facts of your case:

On June 10, 2005, plaintiff Jane Harris (changed to avoid Google hits on name) applied for and received a Temporary Restraining Order under the Prevention of Domestic Violence Act (attached). The complaint alleges that defendant has been stalking her (for example, sleeping in his car outside her apartment, going through her garbage), and harassing her by sending her threatening text message and voice mails. Her verbal testimony before the municipal court included allegations that defendant had called plaintiff literally hundreds of times over the preceding week and that a past history of domestic violence included defendant shoving, spitting on, and grabbing plaintiff and holding her down.

The municipal court issued a TRO under the DV Act, returnable today, June 20, 2005. On June 14, an emergent appeal was filed by defendant as to the parenting time provisions of the Order [switching a Saturday visit to Sunday for Fathers' Day]. The issue was resolved by Judge Ostrer.

At the hearing on the final restraining order, Hon. Audrey P. Blackburn, JSC, indicated that the complaint form before her was blank - that it did not contain the narrative / Confirmatory Order attached hereto. (The narrative / Confirmatory Order is a form order from the Domestic Violence Procedures Manual issued by the AOC).

Plaintiff's counsel supplied a copy of the narrative and indicated that defendant had a copy of same (it was visible from plaintiff's counsel table). Plaintiff's counsel then offered that, if this there were an issue as to service, defendant should be served with a copy of the complaint now and the matter re-listed for a final hearing. Plaintiff's counsel provided the summary to the court and asked that it marked for identification.

The trial court instead ruled that, as result of the court's file not containing the summary page, there was no basis for the TRO to have been issued and that the complaint was dismissed "ab initio." When respectfully challenged that the court now had the summary, Judge Blackburn indicated "this isn't a complaint - it's just the [municipal court ] judge's notes." The court then entered an order dismissing the complaint "ab initio."

This emergent application followed.

It is respectfully asserted that the trial Court should not have dismissed the complaint, but should have inquired with the defendant as to whether he had received the narrative. If he indicated he had not, he should have been served in open court and set the matter down for another date for a final hearing. This is the procedure dictated by the Domestic Procedures Manual issued by the AOC (attached).

On a prior application brought by this office on an unrelated matter, a trial court determination that incarceration was appropriate in spite of the complete lack of anything even resembling an ability to pay hearing was reversed after an application for emergent relief was filed, with the appellate division referring to the trial court's incarceration decision as "manifest error." With complete respect to the trial court, it is respectfully asserted that Judge Blackburn's decision was equally as erroneous - there is no question of law or fact here and it respectfully requested that this Court consider a summary reversal without further proceedings based on the transcript. Ms. Harris is a teacher earning $40,000 a year. Paying for a domestic violence trial was a financial stress in and of itself; she should not have to fund an appeal where the trial court committed was I respectfully assert was "manifest error."

On remand, this matter should be assigned to a different trial judge.

The Law Office of

David Perry Davis

31 Jefferson Plaza

Princeton, NJ 08540

(732) 274‑9444

(732) 274‑2050 (fax)

Attorney for plaintiff / appellant

Jane Harris,

Plaintiff-Appellant

vs.

John Harris,

Defendant-Respondent

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-

Civil Action

NOTICE OF MOTION

FOR EMERGENT RELIEF

TO: John Harris

244 Inland Avenue

Ewing, NJ 08638

PLEASE TAKE NOTICE that, at a time and place selected by the Appellate Division of the Superior Court, the undersigned shall move for an Order:

1. Summarily reversing the trial Court's June 20, 2005 Order and remanding the matter for further proceedings;

2. In the alternative, staying the trial Court's dismissal of the domestic violence complaint and TRO;

3. Compelling that any remanded issue be heard by a different judge.

Defendant shall rely on the enclosed attachment and letter brief. Telephonic oral argument is requested in the discretion of the Court.

___________________________ David Perry Davis, Esq.

The Law Office of

David Perry Davis

31 Jefferson Plaza

Princeton, NJ 08540

(732) 274‑9444

(732) 274‑2050 (fax)

Attorney for plaintiff / appellant

Jane Harris,

Plaintiff-Appellant

vs.

John Harris,

Defendant-Respondent

:::::::::::

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-

Civil Action

PROOF OF SERVICE

David Perry Davis, of full age, hereby deposes and says:

1. I am the attorney for plaintiff in this matter.

2. On this date, I caused the enclosed Notice of Motion for Emergent Relief, supporting certification, letter brief, and this Proof of Service to be served upon the following:

1.	John Harris 244 Inland Avenue Ewing NJ 08638 By FedEx / Next day delivery

3. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment.

___________________________

David Perry Davis, Esq.

DATED:

NOTICE OF APPEAL

superior court of new jersey - appellate division

title of action as captioned below

Jane Harris,

Plaintiff

vs.

John Harris,

Defendant

Attorney of Record

name David Perry Davis, Esq.

address 31 Jefferson Plaza

Princeton, NJ 08540

attorney for Plaintiff

on appeal from trial court or state agency

Superior Court of New Jersey Chancery Division, Family Part

Mercer

trial docket or indictment number

FV-11-1614-05

notice is hereby given that Plaintiff appeals to the superior court of N.J. appellate division from the judgement ( ) order (X) other (specify)

entered in this action on 6/20 , 20 05 in favor of defendant

if appeal is from less than the whole specify what parts or paragraphs are being appealed. Whole

are all issues as to all parties disposed of in the action being appealed? yes (xx ) no ( )

if not is there a certification of final judgment entered pursuant to r. 4:42-2? n/a

priority under r. 1:2-5 yes ( ) no (xx ) applicable section under the rule

in criminal quasi-criminal and juvenile cases not incarcerated ( ) incarcerated ( )

confined at

give a concise statement of the offense and of the judgement date entered and any sentence or disposition imposed

1/ notice of appeal has been served on: date of type of

name service service

trial court judge Hon. Audrey P. Blackburn, JSC 6/20/05 FedEx

trial court clerk state agency Clerk of the court - Mercer county 6/20/05 FedEx

attorney general or governmental

office under r. 2:5-1 (h) n/a

other parties

name and designation date of type of

name service service

Albert Harris 6/20/05 FedEx

244 Inland Avenue

Ewing NJ 08638

i hereby certify that i have served a copy of this notice of

appeal on each of the persons required as indicated above

20 signature of attorney of record

2/ prescribed transcript request form has been served on:

(also indicate if sound recorded)

date of amount of

name service deposit

administrative office of the courts

chief court reporting services ALREADY IN POSSESSION

court reporter's supervisor

clerk of county or agency

i hereby certify that i have served the prescribed court

transcript request form on each of the above persons

and paid the deposit as required by r. 2:5-3(d)

19 signature of attorney of record

3/ i hereby certify that:

( ) there is no verbatim record

(X) transcript is in the possession of the attorney of record

( ) a motion for abbreviation of transcript has been filed with the court or agency below

( ) a motion for free transcript has been filed with the court below

19 signature of attorney of record

superior court of new jersey - appellate division

civil case information statement

title in full for official use only

appeal docket no.

Jaime Harris

Plaintiff notice of appeal filed:

vs.

date sent:

Albert Harris

Defendant

appellant's attorney(s): Plaintiff Defendant Other (Specify)

name address telephone client

David Perry Davis, Esq. 31 Jefferson Plaza (732) 274‑9444 Plaintiff

Princeton, NJ 08540

respondent's attorney(s)*:

name address telephone client

Albert Harris 244 Inland Avenue Defendant PRO SE

Ewing, NJ 08638

[indicate which parties, if any, did not participate below or who were no longer party to the action at the time of entry of the order/judgment being appealed.]