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.
In Hawaii, a Motion to Dismiss Appeal — Not Within Jurisdiction of Court is a legal procedure that can be filed by either party involved in an appeal case. This motion is typically used to challenge the jurisdiction of the court in hearing the appeal and seeks to have the case dismissed. The purpose of filing a Motion to Dismiss Appeal — Not Within Jurisdiction of Court is to assert that the court does not have the authority or jurisdiction to hear and decide on the appeal case. It is important to note that this motion argues that the court lacks the power to entertain the appeal, rather than challenging the merits of the case itself. There are different types of Motions to Dismiss Appeal — Not Within Jurisdiction of Court that can be filed in Hawaii, depending on the circumstances of the case: 1. Lack of Subject Jurisdiction: This type of motion asserts that the court does not have the power to hear and decide on the particular type of case being appealed. It argues that the court lacks jurisdiction over the subject involved in the appeal. 2. Lack of Personal Jurisdiction: This motion challenges the court's jurisdiction over the parties involved in the appeal. It argues that the court does not have the authority to make decisions that affect the rights and obligations of the individuals or entities involved in the case. 3. Lack of Appellate Jurisdiction: This type of motion argues that the court hearing the appeal does not have the authority to review or decide on the specific issues raised in the appeal. It may claim that the appeal is outside the scope of the court's appellate jurisdiction or that there are procedural defects that prevent the court from hearing the appeal. It is important to consult with a qualified attorney in Hawaii to determine the applicable laws and regulations regarding the Motion to Dismiss Appeal — Not Within Jurisdiction of Court. Properly filing this motion requires a thorough understanding of the specific circumstances of the case and the relevant legal requirements.
