united-states new-jersey
Conflict Between Third Circuit and NJ Appellate Division Regarding Stay Pending Appeal?
<p><a href="https://www.njcourts.gov/attorneys/rules-of-court/control-appellate-court-proceedings-pending-appeal-or-certification" rel="nofollow noreferrer">NJ Rule 2:9:1</a> states:</p>
<blockquote>
<p>When an appeal is taken from an order compelling or denying
arbitration, <strong>the trial court shall retain jurisdiction</strong> to address
issues relating to claims and parties that remain in that court unless
otherwise ordered by the appellate court possessing supervision and
control</p>
</blockquote>
<p>How is this rule consistent with the ruling by the Third Circuit in Ehleiter v. Grapetree Shores, Inc., 482 F.3d 207 (3d Cir. 2007)?</p>
<p>In the above case, the Third Circuit noted the existence of “a circuit split on the question of whether the filing of an interlocutory appeal pursuant to Section 16(a) of the FAA automatically deprives the trial court of jurisdiction to proceed until such time as the appeal is fully litigated or determined to be frivolous or forfeited,” and “expressed agreement with the majority rule of <strong>automatic divestiture</strong> where the Section 16(a) appeal is neither frivolous nor
forfeited.”</p>
<p>Isn't the the Appellate Division in NJ required to uphold the ruling of the Third Circuit in such matters?</p>

<blockquote>
<p>Isn't the the Appellate Division in NJ required to uphold the ruling
of the Third Circuit in such matters?</p>
</blockquote>
<p>It is not.</p>
<p>There can be no conflict on procedural issues between the Third Circuit, which is interpreting federal rules of civil and appellate procedure, and a ruling of a New Jersey court which is interpreting state rules of civil and appellate procedure.</p>
<p>Different court systems have different procedural rules. Federal rules of procedure are inapplicable in state courts. State rules of procedure are inapplicable in federal courts.</p>
<p>The circuit split referred to is between different federal appellate court circuits interpreting the federal rules of civil and appellate procedure. But none of those rules are applicable to state courts.</p>
<p>Furthermore, even if a question of substantive federal law were involved, the state courts of New Jersey are only required to follow precedents of the U.S. Supreme Court and higher appellate courts in the New Jersey state court system.</p>
<p>Decisions of the Third Circuit on questions of federal law are not binding on the courts of New Jersey despite the fact that New Jersey is located in the Third Circuit, even though they are persuasive authority on questions of substantive federal law that are equally applicable in both court systems.</p>
