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 North Carolina Motion to Dismiss Appeal — Not Within Jurisdiction of Court is a legal action pursued by a party seeking to have an appeal dismissed on the grounds that the appellate court lacks jurisdiction to hear the case. This motion is typically filed by the party who believes that the court in which the appeal was filed does not have the authority to hear and decide the matter at hand. In North Carolina, there are a few different types of motions to dismiss appeals based on jurisdictional issues. One type of motion to dismiss appeal based on lack of jurisdiction is the Motion to Dismiss for Lack of Subject Jurisdiction. This motion argues that the appellate court does not have the authority to hear the case because it falls outside its subject jurisdiction. For example, if the appeal involves an issue that should have been pursued in a different court or if the subject does not fall under the jurisdiction of the appellate court, the party filing the motion may argue that the appeal should be dismissed. Another type of motion that can be filed is the Motion to Dismiss for Lack of Personal Jurisdiction. This motion asserts that the appellate court does not have personal jurisdiction over the parties involved in the appeal. It can be argued that the court does not have the authority to make decisions regarding individuals or entities that are not within its jurisdictional boundaries. Additionally, a Motion to Dismiss for Lack of Appellate Jurisdiction can be filed. This motion claims that the appellate court does not have the proper jurisdiction to review the lower court's decision in the case. The party filing this motion may argue that the specific circumstances of the case do not meet the criteria for appeal as outlined by North Carolina law. To successfully argue any of the aforementioned motions, it is essential to provide a detailed explanation of why the appellate court lacks jurisdiction over the appeal. This may involve citing relevant statutes, case law, and procedural rules that demonstrate the absence of jurisdiction. Additionally, the party filing the motion should present compelling legal arguments supported by persuasive evidence to convince the court that the appeal should be dismissed due to jurisdictional issues. In conclusion, a North Carolina Motion to Dismiss Appeal — Not Within Jurisdiction of Court is a legal action aimed at having an appeal dismissed based on the argument that the appellate court does not possess the necessary jurisdiction to hear the case. This can be due to lack of subject jurisdiction, lack of personal jurisdiction, or lack of appellate jurisdiction. By submitting a well-reasoned motion backed by applicable laws and precedents, a party may succeed in having the appeal dismissed.
