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.
A Delaware Motion to Dismiss Appeal — Not Within Jurisdiction of Court refers to a legal procedure that aims to request the court to dismiss an appeal on the grounds that it falls outside the jurisdiction of the court. This motion is typically filed by a party in a case who believes that the appellate court does not have the authority or jurisdiction to hear the appeal. In Delaware, like in other jurisdictions, there are different types of motions to dismiss an appeal based on lack of jurisdiction. These include: 1. Lack of Subject Jurisdiction: This type of motion argues that the appellate court does not have the authority to hear the particular type of case or claim being appealed. It asserts that the subject of the appeal falls outside the court's jurisdictional boundaries. 2. Lack of Personal Jurisdiction: This motion contends that the appellate court lacks jurisdiction over the parties involved in the appeal. It claims that the court does not have the power to make decisions regarding the individuals or entities named in the appeal because they are not subject to its authority. 3. Lack of Appellate Jurisdiction: This motion argues that the appellate court does not possess jurisdiction over the specific type of appeal being made. It asserts that the court does not have the authority to review the lower court's decision or address the legal issues raised in the appeal. 4. Lack of Finality: This type of motion asserts that the lower court's decision being appealed has not yet reached finality, meaning there are still pending issues or unresolved matters that prevent the appellate court from hearing the appeal. When filing a Delaware Motion to Dismiss Appeal — Not Within Jurisdiction of Court, it is important to include relevant arguments and supporting evidence to substantiate the claim that the appeal does not fall within the appellate court's jurisdiction. This may involve citing applicable statutes, prior court rulings, or legal precedents to support the motion. Successfully filing such a motion can lead to the dismissal of the appeal, saving time and resources for all parties involved. However, it is crucial to consult with an experienced attorney who specializes in Delaware law to ensure the motion is properly prepared and presented to maximize the chances of success.
