West Virginia Motion to Dismiss Appeal - Not Within Jurisdiction of Court

State:
Multi-State
Control #:
US-03192BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

Rule 7 - Appendix record (a)Format. An appendix must contain accurate reproductions of the documents and exhibits submitted to the lower court, administrative agency, or other tribunal, and may be reproduced using any method that produces a permanent, legible image.

Rule 4.03 - Representation of Parties and Pro Se Appearances; Withdrawal (a) Every party to proceedings before any court, except parties appearing pro se, shall be represented by a person admitted to practice before the Supreme Court of Appeals of West Virginia and in good standing as a member of its bar and may be ...

Rule 28 - Stays (a)Stay of circuit court order pending appeal. Any person desiring to present an appeal under Rule 5 may make an application for a stay of proceedings to the circuit court in which the judgment or order desired to be appealed was entered.

24.01. Rule 24.01 - Generally (a) Unless otherwise directed by the presiding judicial officer, all orders shall be submitted to the judicial officer promptly, but no later than eleven (11) days after having been directed to do so by the court.

ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE. No court shall, without a jury, for any such contempt as is mentioned in subdivision (a) of this section, impose a fine exceeding $50, or imprison more than ten days.

The court shall by order establish and approve in advance the reasonable fees and expenses to be paid to an expert. Except as to evaluations pursuant to W.Va.

Rule 20. Unless otherwise ordered, the time to answer or otherwise respond to a complaint may be extended by stipulation. The stipulation shall constitute an appearance by any defendant who is a party to it.

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West Virginia Motion to Dismiss Appeal - Not Within Jurisdiction of Court