New Jersey Supreme Court Adopts Merits Briefing Model

Highlights

• The new 94-day briefing cycle is compact, and merits briefs supersede all prior filings, so practitioners should begin preparing as soon as certification is granted.
• Amicus participants face tighter constraints with a non-extendable 10-day window for amicus motions means that potential amici must actively monitor the docket and be ready to file on short notice. 
• By providing a clean slate for merits briefing, the reforms allow parties to reframe arguments and present their strongest case without the constraints of prior petition papers. 

The Supreme Court of New Jersey announced sweeping amendments to the court rules governing briefing in appeals before the Court. Effective for all appeals taken on or after Feb. 10, 2026, the Court has adopted a “merits briefing” model that fundamentally changes how parties and amici curiae present their arguments after the Court grants certification or leave to appeal.

The New Merits Briefing Framework

Under the prior system, the parties’ briefs on the petition for certification, together with their Appellate Division briefs, served as the merits submissions before the Supreme Court. There was no automatic opportunity for merits briefing after the Court accepted an appeal, and parties seeking to submit additional argument had to move for leave to file supplemental briefing.

The new rules replace that approach with a structured merits briefing schedule. After the Court grants an appeal, the appellant has 40 days to file a merits brief of up to 50 pages. The respondent’s merits brief, also capped at 50 pages, is due 30 days after the appellant’s filing. The appellant may then file an optional reply brief of up to 15 pages, due 24 days after the respondent’s brief — bringing the entire party briefing cycle to roughly 94 days from the grant of appeal. The respondent is not permitted to file a sur-reply.

These merits briefs will supersede all prior briefs filed with the Court, giving the parties a clean slate to present their arguments comprehensively. This is a pivotal change: rather than relying on briefs that were drafted at the petition stage, parties now have a dedicated opportunity to craft targeted arguments that speak directly to the issues the Court has agreed to review.

Restructured Amicus Process

The amendments also outline amicus filings within the parties’ briefing schedule rather than appending them afterward. Proposed amici must file motions for leave to appear, accompanied by the proposed amicus brief, within 10 days after the respondent files its merits brief. Both parties then have 14 days to respond: The appellant by addressing amici within its reply brief, and the respondent by filing a separate response of up to 15 pages. Amicus briefs are now limited to 30 pages, down from 50, and proposed amici are not permitted to seek extensions of time. Parties will also have the ability to “articulate why the parties believe the proposed amici do not satisfy the requirements for amicus participation set forth in Rule 1:13-9.”

Entities seeking amicus status must now state on the cover of their brief which party they support, or, if unaligned, whether they suggest affirmance or reversal. This transparency requirement ensures the Court and the parties can quickly assess the landscape of amicus participation and the interests represented.

Enhanced Public Access

The Court has also significantly improved public accessibility to appellate materials. Under the prior practice, briefs were posted to the Court’s website only once oral argument was scheduled. Going forward, briefs will be posted to the Court’s website when the appeal is taken and updated as merits briefs are filed. The Court’s website will also include the decision on appeal, a summary of the issues, the due date for amicus motions, and the Court’s order.

This change reflects the Court’s stated goal of making its proceedings more transparent and accessible to the bar and the public alike, and it will allow practitioners who are considering amicus participation to review the merits briefing and make informed decisions about whether to seek leave to appear.

Key Takeaways

The shift to merits briefing is a welcome change that gives practitioners a meaningful opportunity to sharpen their arguments after the Court accepts an appeal, but the compressed timeline demands early preparation and disciplined case management. Organizations and advocates that regularly participate as amici should immediately establish docket-monitoring protocols to avoid missing the strict 10-day filing window. For parties on both sides of an appeal, the clean-slate approach to merits briefing presents a genuine strategic opportunity to reframe issues and address developments that have arisen since the Appellate Division proceedings. Practitioners with pending or anticipated appeals before the New Jersey Supreme Court should review the amended rules carefully and adjust their litigation planning accordingly.

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