Arkansas Motion to Dismiss Appeal - Not Within Jurisdiction of Court

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US-03192BG
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Motions in any Federal Court of Appeals are generally covered by Rule 27 of the Federal Rules of Appellate Procedure. A motion must state with particularity the grounds for the motion, the relief sought, and the legal argument necessary to support it along with accompanying documents like supporting affidavits. A motion, response, or reply may be reproduced by any process that yields a clear black image on light paper. The paper must be opaque and unglazed. Only one side of the paper may be used.


The document must be bound in any manner that is secure, does not obscure the text, and permits the document to lie reasonably flat when open. The document must be on 81D2 by 11 inch paper. The text must be double spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least one inch on all four sides. Page numbers may be placed in the margins, but no text may appear there. The document must comply with the typeface requirements of Rule 32(a)(5) and the type-style requirements of Rule 32(a)(6).


A motion or a response to a motion must not exceed 20 pages, exclusive of the corporate disclosure statement and accompanying documents authorized by Rule 27(a)(2)(B), unless the court permits or directs otherwise. A reply to a response must not exceed 10 pages. An original and 3 copies must be filed unless the court requires a different number by local rule or by order in a particular case.

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FAQ

A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.

Unlike the procedure in New York state courts, under the federal rules of civil procedure, the denial of a motion to dismiss does not qualify as a ?final decision? and thus there is no appeal as of right, and discretionary appeals almost always fall outside the scope of 28 U.S.C. §1292(b).

To correct errors or mistakes or to prevent the miscarriage of justice, the court may modify or vacate a judgment, order or decree on motion of the court or any party, with prior notice to all parties, within ninety days of its having been filed with the clerk. (b)Exception; Clerical Errors.

A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 20 days before the time specified for the hearing. Any party opposing a motion shall serve a response within 10 days after service of the motion.

On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.

The court in which a judgment, other than a default judgment [which may be set aside in ance with Rule 55(c) ] has been rendered or order made shall have the power, after the expiration of ninety (90) days of the filing of said judgment with the clerk of the court, to vacate or modify such judgment or order: (1) ...

Rule 3 - Appeal; How Taken (a) Mode of obtaining review. The mode of bringing a judgment or order to the Supreme Court or Court of Appeals for review shall be by appeal. An appeal from any final order also brings up for review any intermediate order involving the merits and necessarily affecting the judgment.

Rule 64 - Addition and Withdrawal of Counsel (a) When additional counsel is employed to represent any party in a case, said counsel shall immediately cause the clerk to enter his or her name as an attorney of record in the case and shall also immediately notify the court and opposing counsel that he or she has been ...

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Arkansas Motion to Dismiss Appeal - Not Within Jurisdiction of Court