203:1 Civil and Criminal Trial Attorney Requirements. The applicant must establish that:
(a) He or she has devoted a substantial portion of professional time to the preparation
of litigated matters in New Jersey, the majority of which are venued in Superior
Court, for the three years immediately preceding the filing of the application;
App. A-5
(b) He or she has had primary responsibility since plenary admission to the bar for a
minimum of ten contested actions in New Jersey, at least six of which were
venued in Superior Court or U.S. District Court for the District of New Jersey,
and that were, in the opinion of the Board, substantially submitted to the trier of
fact; and
(c) In the case of civil certification, the [The] ten contested actions must include a
minimum of [thirty] twenty trial days in Superior Court or U.S. District Court.
(d) In the case of criminal trial certification, the ten contested actions must include a
minimum of twenty-five trial days in Superior Court or U.S. District Court.
(e)[(d)] Definitions. For the purpose of meeting the requirements of this Regulation, the
following definitions apply:
(1) Contested actions. To qualify as a "contested action," a matter must be
adversarial in nature and involve substantial charges, claims, issues, or
consequences. For example, the following features shall qualify a matter as a
"contested action:"
i) in criminal cases, an indictable offense[;]. The Board will also
consider the following, but no more than five: domestic violence
orders based on crimes; contempt charges in family court; juvenile
cases involving crimes; and trial-type hearings in Superior Court;
ii) in civil or administrative matters, a claim or demand that
reasonably exposes the defendant or respondent to damages or [a]
any penalty [in an amount that exceeds $25,000]; or
iii) in civil or administrative matters that do not present a claim for
money damages or a civil penalty (such as chancery actions,
declaratory judgment proceedings, and actions in lieu of
prerogative writs), substantial public issues or, assuming a ruling
or judgment against a party, exposure of that party to substantial
adverse personal or economic consequences;
iv) such other matters as, in the Board's judgment, are of sufficient
substance or import to qualify as "contested actions."
App. A-6
An arbitration proceeding shall not qualify as a contested action unless the
applicant can demonstrate that the arbitration was substantially equivalent to a
trial in Superior Court.
(2) Litigated matters. Litigated matters include contested actions as defined in
this Regulation. Any other matter tried before a court, agency, or arbitrator shall
also qualify as a litigated matter.
(3) Submission to trier of fact. A substantial number of the ten cases required by
this Regulation must have been tried to conclusion as to the applicant's clients. In
addition, the Board may consider cases that were settled prior to judgment or
verdict, but only when the applicant completely prepared the case for trial by
motion practice and extensive discovery. For example, such preparation might
include a combination of any of the following: in civil actions, the taking of
depositions, the preparation and service of non-uniform interrogatories and of
answers to non-uniform interrogatories and requests for admissions; or, in the
prosecution or defense of criminal matters that were concluded by plea
negotiation, pretrial investigation including extensive factual investigation and
the preparation of or opposition to pretrial motions presenting substantial and
complex issues arising under the State or Federal Constitution or Rules of
Criminal Procedure.
(f)[(e)] Time limitations. The ten contested actions may be cases that have been handled
and concluded at any time between the date of the applicant's plenary admission
to the practice of law and the date of the application for certification.
(g)[(f)] Required information. The applicant shall submit the following information on a
form adopted by the Board:
(1) Substantial involvement in litigation. The applicant shall present a brief
summary of each matter prepared for trial or tried within the three years
immediately preceding the application. If more than thirty matters are
eligible, the applicant shall submit no more than ten from each year, which
shall fairly reflect the type of cases for which the applicant was
responsible. The summary shall include the following:
i) caption and docket number of the case;
ii) date of disposition;
iii) forum;
iv) nature of action or proceeding;
v) names and addresses of all counsel;
vi) name of judge;
vii) number of trial days;
viii) presence or absence of a jury;
App. A-7
ix) point at which the proceedings were terminated; and
x) any additional information the applicant may deem to be relevant.
(2) Applicant's ten contested actions. The applicant shall present the
following details on the ten contested actions submitted pursuant to this
Regulation:
i) caption and docket number of the case;
ii) date of disposition;
iii) forum;
iv) name of judge or other officer;
v) nature of action or proceeding;
vi) amount in controversy;
vii) principal issues involved;
viii) significant pretrial or post-trial motions;
ix) significant discovery problems or techniques;
x) status at which matter terminated;
xi) role in proceedings;
xii) outcome of proceedings;
xiii) names and addresses of all counsel; and
xiv) any additional information the applicant may deem to be relevant.
