The New Jersey Supreme Court has adopted amendments to the rules governing merits briefing and amicus participation, effective February 10, 2026.
In December 2025, under the leadership of NJAJ’s Amicus Curiae Committee, NJAJ submitted formal comments to the Court regarding concerns over preserving adequate time to submit amicus curia briefs.
While the Supreme Court’s final rule amendments do not preserve the former 75‑day filing window, it does address several of the challenges NJAJ identified. Under the amended Rule, a proposed amicus curiae must file its motion and brief within 10 days of the respondent’s merits brief. In some instances, this may result in less time than the 75 days previously available. However, the Court has taken meaningful steps to improve access to case materials by posting all prior briefs on its website at the time the appeal is taken—a significant improvement, as NJAJ has often experienced delays in obtaining underlying briefing from the parties.
NJAJ appreciates that the Court incorporated aspects of the concerns raised in our comments. At the same time, the new timing framework will require heightened vigilance.
Because the amicus deadline is now tied to the respondent’s filing date, any party that files early will further shorten the period available for NJAJ to prepare and submit an amicus brief. We encourage members to remain attentive to Supreme Court matters that may affect our community and to alert NJAJ promptly when issues arise that may warrant amicus participation.
For your convenience, here is the link to submit a request for NJAJ Amicus Curiae.