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 Utah Motion to Dismiss Appeal — Not Within Jurisdiction of Court is a legal procedure that can be filed in Utah state court when a party involved in a case believes that the appellate court does not have the authority or jurisdiction to hear the appeal. This motion aims to request the dismissal of the appeal based on jurisdictional grounds. Here are different types of situations where such a motion may be applicable: 1. Lack of Subject Jurisdiction: This type of motion to dismiss is filed when the lower court did not have the authority to hear the original case based on the subject. For example, if a case involves federal law and the lower court is a state court, the appeal can be dismissed due to lack of subject jurisdiction. 2. Lack of Personal Jurisdiction: This type of motion is used when the appellate court does not have jurisdiction over the parties involved in the case. It may be argued that the appellant did not have sufficient contacts with the state of Utah or that the court does not have personal jurisdiction over the appellant for other reasons. 3. Lack of Appellate Jurisdiction: This type of motion is filed when the appellate court does not have the authority to hear the particular type of case being appealed. For instance, if the appeal is from a decision of an administrative agency, it may be argued that the appellate court lacks jurisdiction because a different court or review process should handle such appeals. 4. Untimely Appeal: In some cases, a motion to dismiss may be filed if the appeal was not filed within the prescribed timeframe. The motion would argue that the appeal is untimely and should be dismissed on procedural grounds. When filing a Utah Motion to Dismiss Appeal — Not Within Jurisdiction of Court, it is crucial to provide detailed legal arguments supporting the lack of jurisdiction claim. The motion must be supported by relevant legal authorities and factual evidence to convince the court that the appeal should be dismissed.
