The new merits briefing schedule now requires each party to file a single, consolidated brief up to 50 pages on the merits after the court has granted certification or leave to appeal.

In a February 26, 2026, notice, the Supreme Court of New Jersey announced sweeping amendments to the court rules governing briefing before the court. The new framework provides for merits briefing in all appeals taken on or after February 10, 2026.

Until now, the parties’ briefs on the petition for certification, together with the Appellate Division briefs discussed below, served as the parties’ merits briefs on appeal to the Supreme Court unless a party moved for leave to submit supplemental briefing.  

These changes represent the most significant overhaul of the court’s briefing procedures in years and carry important implications for appellate practitioners, amicus participants and anyone following the court’s docket. Here is what has changed and what it means for practitioners moving forward:

Out with the Old

By way of background, the state Supreme Court previously issued a related notice on November 5, 2025, proposing to amend the rules and acknowledging a number of issues with the previous practice, which did not provide for merits briefing after the court accepted an appeal.

Because there was no time limit for moving for leave to submit supplemental briefing, motions delayed the scheduling of an appeal. And because the court relied on the multiple briefs below—all filed before the court’s grant of the appeal—there was the possibility of a fragmented or imprecise record regarding the actual issues before the court and the parties’ arguments on those points. This created inefficiencies for the court, opposing parties and the public. Finally, the former practice rendered all amicus motions due on a single date, 75 days after the posting of a notice on the Supreme Court’s website, which resulted in multiple rounds of briefing and, typically, extension motions, all of which occurred after the parties’ briefs were already filed.

In with the New

The new merits briefing schedule now requires each party to file a single, consolidated brief up to 50 pages on the merits after the court has granted certification or leave to appeal. Appellants have 40 days after the court’s grant of an appeal, with the respondent’s merits brief due 30 days after the appellant files its merits brief. Appellants can file a reply brief 24 days after the filing of the respondent’s brief (i.e., 94 days after the court takes the appeal). The reply brief is capped at 15 pages and is limited to addressing points in the respondent’s brief and any points raised by proposed amici. The respondent also has an opportunity to respond to the proposed amici, but is not, according to the notice, permitted to file a sur-reply brief.

These merits briefs supersede all briefs previously filed with the court. This means that once the court takes an appeal, the parties have a clean slate to comprehensively brief the merits.

The new practice helps on multiple fronts. Parties can more effectively advance their arguments focused on the appellate decision being reviewed. This is especially helpful for the parties if there are new developments in the matter that can now be better briefed and articulated for the court. Likewise, the court, the opposition, reporters and the public will no longer have to sift through petition and motion papers, appellate material, and other filings to understand the parties’ contentions, creating a more efficient and transparent appellate review process.

Key Changes for Amicus Curiae

The amendments significantly restructure the amicus process. The time for filing amicus motions is now embedded within the parties’ briefing schedule, as opposed to occurring after the parties have completed their briefing under the old model.

Within 10 days after the respondent files its merits brief, proposed amici must move for leave to appear as amicus curiae, including their proposed amicus brief. The parties then have 14 days to respond to the amici—appellant by including a response to amici within its 15-page reply brief, and respondent by filing a separate response to the merits of the amicus briefs up to 15 pages.

Other changes intended to streamline the process for the court, the parties and the public bear attention:

• Proposed amici are not permitted to move for extensions of time.
• The page limit for amicus briefs has been reduced drastically from 50 pages to 30 pages.
• Entities seeking leave to participate as amicus must now state on the cover of the proposed amicus brief which party or parties the entity supports or, if the entity’s position is not aligned with any party, indicate whether it suggests affirmance or reversal.

Parties still retain the ability to oppose a proposed amicus’ participation in the appeal if they do not satisfy the requirements of Rule 1:13-9. However, parties have not historically filed such oppositions with any regularity, and the court has liberally granted amicus motions.

Improved Public Access

The court also improved the public accessibility of appellate materials, with the court’s website including the decision on appeal, a summary of the issues, the due date for amicus motions, the court’s order and publicly filed briefs. Significantly, briefs will now be posted when the court takes the appeal and updated as merits briefs are filed, rather than being posted en masse only once oral argument occurs, as was the prior practice. The notice states, “This measure will improve public access to Supreme Court appeals and will facilitate review by those entities that might be considering amicus participation.”

Practical Takeaways

These changes present opportunities and new demands for appellate practitioners, as the new schedule is more compact. From the Supreme Court’s grant of an appeal, the entire briefing cycle—including amicus filings and the parties’ responses—concludes in 94 days, absent any extensions. This new schedule aligns more closely with the schedules applicable in the Supreme Court of the United States and the Court of Appeals for the Third Circuit.

Practitioners should begin drafting merits briefs as soon as certification or leave to appeal is granted, and amicus participants in particular must monitor the court’s website closely given the strict, nonextendable 10-day window for filing.

For More Information

If you have any questions about this Alert, please contact Robert M. Palumbos, Paul P. Josephson, Christopher H. Casey, Andrew R. Sperl, Justin G. Mignogna, any of the attorneys in our Appellate Group or the attorney in the firm with whom you are regularly in contact.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.