(a) Notice of Appeal; Service, Contents; Docket Number. An appeal from the report of the commissioners shall be taken by an appellant by filing a notice of appeal with the deputy clerk of the Superior Court in the county of venue within 20 days after the date of service upon him or her, by mail or otherwise, of a copy of the report; but the court for good cause shown may extend the time for a period not exceeding 30 days. The notice of appeal shall be served only on persons in possession and parties appearing before the commissioners who have an interest in the property. The appellant in the notice of appeal may demand trial by jury, or any other party may make such a demand within 10 days after service of the notice of appeal. The notice of appeal shall also include notice of an application for an order fixing the date of trial. Unless the court otherwise orders, if the original action involves a taking or takings from a tract of land under single ownership, the appeal shall be docketed under the number assigned to the original action and shall continue in that action.
Rule 4:73-6.Appeal from report of commissioners
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:73-6 requires an appeal from the commissioners' report to be filed within 20 days of service, lets either side demand a jury trial, and severs appeals concerning separate tracts into their own docketed actions.
Full Text of Rule 4:73-6
(b) Severance. Except as provided in paragraph (a), the appeal concerning takings from each separate tract shall be severed from the action for the purpose of trial and shall be docketed as a separate action cross-indexed to the original action. All appeals relating to the same tract shall be docketed under the number assigned to the original notice of appeal as to that tract.
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. 4:92-6(a) (b) (c); paragraph (a) caption and text; amended and paragraph (b); amended June 29, 1990 to be effective September 4, 1990; paragraph (a); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Challenging what the condemnation commissioners awarded runs on its own short clock. The appellant files a notice of appeal within 20 days of being served the report — the court can stretch that to 30 for good cause — serving it only on those in possession and interested parties who appeared before the commissioners. Either side can demand a jury: the appellant in the notice itself, or anyone else within 10 days after that notice is served.
Where the case involves takings from more than one tract, each tract's appeal gets severed into its own docketed action, cross-indexed back to the original case; a single-tract taking, by contrast, just continues under the original docket number.
Frequently Asked Questions
How long does a party have to appeal the commissioners' report?
20 days after being served a copy, though the court may extend that up to 30 days for good cause.
Can a party demand a jury trial on appeal from the commissioners' report?
Yes, the appellant may demand one in the notice of appeal, or any other party within 10 days after that notice is served.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:73-6). 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: appeal from commissioners' reportcondemnation appeal