District of Columbia 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.

District of Columbia Motion to Dismiss Appeal — Not Within Jurisdiction of Court is a legal document filed by individuals or entities who seek to challenge the jurisdiction of a court in which an appeal has been made. This particular motion serves to request the dismissal of an appeal on the grounds that the court does not have the authority to hear the case or make a decision. In the District of Columbia, there are different types of motions to dismiss an appeal based on the lack of jurisdiction. These include: 1. Motion to Dismiss Appeal for Lack of Subject Jurisdiction: This motion asserts that the court does not have the authority to decide on the particular legal matter being appealed. It argues that the issue at hand falls outside the court's scope of jurisdiction, resulting in the need for dismissal. 2. Motion to Dismiss Appeal for Lack of Personal Jurisdiction: This type of motion argues that the court lacks jurisdiction over the parties involved in the appeal. It claims that the court cannot impose its authority upon individuals or entities who are not subject to its jurisdiction, thereby demanding the dismissal of the appeal. 3. Motion to Dismiss Appeal for Lack of Appellate Jurisdiction: This motion contends that the court lacks jurisdiction to hear the appeal due to issues related to the appellate process itself. It may argue that the appeal was filed outside the prescribed timeframe, or that the appellant failed to comply with specific procedural requirements, making the appeal invalid. The District of Columbia Motion to Dismiss Appeal — Not Within Jurisdiction of Court is a vital tool in the legal system, allowing parties to challenge the authority of a court in which an appeal has been lodged. By employing one of the aforementioned types of motions, individuals or entities can seek dismissal of the appeal on legal grounds, aiming to protect their rights and ensure a fair judicial process.

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FAQ

Any party may file a motion, but when represented by counsel, an individual party may not file a motion or pleading except for a motion to discharge or vacate the appointment of counsel. The Clerk will transmit that motion to counsel of record for that party.

Dismissal of Appeal. (a) Involuntary Dismissal. The court, sua sponte or upon motion of the appellee, with or without notice, may dismiss an appeal for failure to comply with a rule of this court or where otherwise warranted.

(a) WHEN A DEPOSITION MAY BE TAKEN. (1) Without Leave. A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2).

(1) Applicability. This Rule 29(a) governs amicus filings during a court's initial consideration of a case on the merits. (2) When Permitted. The United States or its officer or agency or a state may file an amicus brief without the consent of the parties or leave of court.

The United States or the District of Columbia, or an officer or agency thereof, or a State, Territory, Commonwealth or political subdivision thereof, may file an amicus curiae brief without the consent of the parties or leave of court. Any other amicus curiae may file a brief only by leave of court.

Serving and Filing Briefs. (a) Time to Serve and File a Brief. (1) The appellant must serve and file a brief within 40 days after the Clerk has notified the parties that the record is filed or, following such notice, after the court has denied a motion for summary affirmance.

A party must disclose to the other parties the identity of any witness it may use at trial to present expert testimony.

More info

Search the DC Court of Appeals rules by using a keyword. Switch to administrative orders by clicking the tab. Please note that the search will only return ... Jan 22, 2019 — ... (a)(1) dismissal does not implicate the district court's jurisdiction. ... the district court to consider the President's motion to dismiss in the ...Dec 1, 2021 — Filing may be accomplished by mail addressed to the Clerk of the Superior Court; but — except as provided in Rule 4 (d) — filing will not be ... Dec 1, 2022 — ... (a)(3), a party to a district-court action who desires to appeal in forma pauperis must file a motion in the district court. The party must ... The petition for appeal must be filed within 30 calendar days of the effective date of action being appealed. This deadline is set by statute (DC Official Code ... Mar 16, 2021 — First, in order to file a notice of appeal in the district court or a petition for review, an attorney need not be a member of the bar of this ... Under the court's ruling, the Secretary's plans will be evaluated in a "Phase 1.5" trial that will "encompass additional remedies with respect to the fixing the ... An application for an appeal under this subsection shall not stay proceedings in the Superior Court of the District of Columbia unless the judge of that court ... The filing of a notice of appeal under this Rule 4(b) does not divest a district court of jurisdiction to correct a sentence under Federal Rule of Criminal ... Dec 5, 2022 — district court, or the district court may dismiss the appeal on the ... Motion to dismiss appeal or affirm, right to file ..... 18.7. Page 86 ...

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District of Columbia Motion to Dismiss Appeal - Not Within Jurisdiction of Court