Rule 4:71-3.Filing of record of proceedings

Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:71-3 requires the reviewed authority to file the record of proceedings within 30 days of being served the order to show cause, requires the appellant to furnish any testimony transcript within 30 days of taking the appeal, and has the appeal tried on that record unless the statute calls for a trial de novo.

Full Text of Rule 4:71-3

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In such action the said authority shall within 30 days after service upon it of the order to show cause file with the Superior Court a record of the proceedings under review. If a verbatim record of the testimony therein has been taken by the authority, the appellant shall, within 30 days after taking the appeal, unless such time is extended for good cause shown by the Superior Court, furnish and send to the Superior Court a transcript of the testimony, which shall be made a part of the record filed by the authority. By court order or by written stipulation of the parties, the record may be shortened by the elimination of any portion thereof or by a submission of a statement of facts. Unless the statute provides for a trial de novo, the appeal shall be tried on the record below.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Source-R.R. 4:90-3.

Plain-English Summary

A statutory appeal runs on the record the agency made, not a fresh telling of the case. The authority being reviewed has 30 days after being served the order to show cause to file that record with the Superior Court, and if a verbatim transcript of testimony was taken, the appellant has 30 days after taking the appeal to furnish it as part of that record.

The record doesn't have to come over in full, though — the court can order it shortened, or the parties can stipulate to trimming it or substituting a statement of facts. And unless the statute calls for a trial de novo, the appeal is tried on the record as filed, not retried from scratch.

Frequently Asked Questions

How long does the reviewed authority have to file the record of proceedings?

30 days after being served the order to show cause.

Is a statutory appeal retried from scratch?

No, unless the statute provides for a trial de novo, the appeal is tried on the record below.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:71-3). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source

Also known as: record on statutory appealtrial on the record below