$title = "RULE 2:3. Who May Appeal"; include("includer.php"); ccheader($title); ccprebody(); ?>
In any criminal action the State may appeal or, where appropriate, seek leave to appeal pursuant to R. 2:5-6(a):
(a) to the Supreme Court from a final judgment or from an order of the Appellate Division, pursuant to R. 2:2-2(b) or R. 2:2-3;
(b) to the appropriate appellate court from: (1) a judgment of the trial court dismissing an indictment, accusation or complaint, where not precluded by the constitution of the United States or of New Jersey; (2) an order of the trial court entered before trial in accordance with R. 3:5 (search warrants); (3) a judgment of acquittal entered in accordance with R. 3:18-2 (judgment n.o.v.) following a jury verdict of guilty; (4) a judgment in a post-conviction proceeding collaterally attacking a conviction or sentence; (5) an interlocutory order entered before, during or after trial, or, (6) as otherwise provided by law.
In any criminal action, any defendant, the defendant's legal representative, or other person aggrieved by the final judgment of conviction entered by the Superior Court, including a judgment imposing a suspended sentence, or by an adverse judgment in a post-conviction proceeding attacking a conviction or sentence or by an interlocutory order or judgment of the trial court, may appeal or, where appropriate, seek leave to appeal, to the appropriate appellate court.
Parties interested jointly, severally or otherwise in a judgment, order, decision or action may join in an appeal therefrom or may appeal separately.
(a) To the Appellate Division. A respondent may cross appeal as of right except that if an appeal is taken from any order by leave of court, a cross appeal may not be taken from any other order in the matter without leave pursuant to R. 2:5-6(b).
(b) To the Supreme Court. A respondent may cross appeal as of right only if such cross appeal meets the requirements of R. 2:2-1(a). Further, if an appeal is taken from any order by leave of court, a cross appeal may not be taken in the matter without leave pursuant to R. 2:5-6(b).
If the only issue on appeal is which of 2 or more employers or insurance carriers is liable or the proper apportionment of liability between 2 or more employers or insurance carriers, the award entered by the Division of Workers' Compensation shall be forthwith paid to the petitioner by the party or parties against whom judgment has been entered, and the appeal shall be taken by the party or parties making the payment. If the original award is altered on appeal the judgment shall be in favor of a party who paid and against the parties finally held responsible for payment, with interest from the date of the payment of the original award.