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Rule 4:74-2.General Provisions or Appeal to Superior Court, Law Division

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:74-2 sets a 10-day deadline (extendable up to 20 more days for good cause) to appeal a municipal court judgment under the penalty, confiscation, or civil-action appeal rules, and lets an aggrieved party seek leave to appeal an interlocutory municipal court order.

Full Text of Rule 4:74-2

Text sizeJump to: (a) (b) (c)

(a) Applicability. This rule applies to appeal from a judgment of the municipal court taken pursuant to R. 4:74-3 (imposition of penalties), R. 4:74-4 (confiscation or forfeiture of chattels), and R. 4:74-5 (judgments in civil actions).
(b) Time for Appeal; Enlargement. Appeals to which this rule is applicable shall be taken by filing the notice of appeal as prescribed in said rules within 10 days after the entry of the judgment appealed from. The Law Division of the Superior Court in the county of venue, upon a showing of good cause and the absence of prejudice, may extend the time for a period not exceeding 20 days, but only if the notice of appeal was in fact served and filed within the time as extended.
(c) Interlocutory Appeals. If the final judgment of a lower court is appealable, an application may be made by an aggrieved party to the Law Division of the Superior Court in the county of venue for leave to appeal an interlocutory order of such lower court within the time and in the manner prescribed by R. 3:24, insofar as applicable. The term “prosecuting attorney” used by R. 3:24 shall, for purposes of this rule, be deemed to mean the respondent or respondent’s attorney, if any.

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. 1:3-1(c), 1:27B(d). Caption and paragraphs (a) (b) and (c) amended November 22, 1978 to be effective December 7, 1978; paragraphs (b) and (c); amended July 11, 1979 to be effective September 10, 1979; paragraph (a); amended July 26, 1984 to be effective September 10, 1984; paragraph (c); amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

Appeals from municipal court judgments — whether for a penalty, a confiscation or forfeiture, or an ordinary civil judgment — all run on the same clock. The notice of appeal is due within 10 days of judgment, though the Law Division may extend that up to 20 more days for good cause and if it won't prejudice anyone, so long as the notice is served and filed within the extended period.

An aggrieved party doesn't have to wait for a final judgment either. If the eventual judgment would be appealable, that party can seek the Law Division's leave to appeal an interlocutory municipal court order along the way, following the same procedure used for interlocutory criminal appeals.

Frequently Asked Questions

How long does a party have to appeal a municipal court judgment?

10 days after entry of the judgment, extendable up to 20 additional days for good cause shown.

Can an interlocutory municipal court order be appealed before final judgment?

Yes, an aggrieved party may seek leave to appeal it if the eventual final judgment would itself be appealable.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:74-2). 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: municipal court appeal deadlineinterlocutory municipal appeal