Georgia Motion to Dismiss Appeal - Not Within Jurisdiction of Court

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Multi-State
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US-03192BG
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Word; 
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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

You can calculate the maximum amount of time it will take the Court of Appeals to decide your case by applying the ?two term rule.? Under the Georgia Constitution, the court must dispose of every case either during the term the court entered that case on the docket or at the next term.

The Court of Appeals has statewide appellate jurisdiction of all cases except those involving constitutional questions, murder, and habeas corpus cases where original appellate jurisdiction lies with the Supreme Court. The Court of Appeals may certify legal questions to the Supreme Court.

On a motion to dismiss for lack of personal jurisdiction, the defendant bears the onus of proving lack of personal jurisdiction. Further, any disputes of fact in the written submissions supporting and opposing the motion to dismiss are resolved in favor of the party asserting the existence of personal jurisdiction.

40. Rule 40 - Supersedeas and Emergency Motions (a)Supersedeas in Civil Cases. The notice of appeal filed as provided in OCGA §§ 5-6-34(a), 5-6-37, and 5-6-38 shall serve as supersedeas upon payment of all costs in the trial court by the appellant.

Rule 17.1 - Method of Resolution (A) An attorney shall not be deemed to have a conflict unless: (1) the attorney is lead counsel and/or has been subpoenaed as a witness in two or more actions; and (2) the attorney certifies that the matters cannot be adequately handled and the client's interest adequately protected by ...

Rule 41 - Preparation and Filing (a)Filing. Paper-filed motions and responses to motions shall be filed as set out in Rule 6, Copies and Certificate of Service. Efiled motions and responses shall be filed in ance with Rule 46, Electronic Filing of Documents.

17. The clerk of the trial court shall certify and transmit to the Clerk of this Court a copy of the original transcript (whether printed or on compact disc) and copies of all records as required within the time prescribed by statute.

Rule 30 - Interlocutory Applications (a)Filing Deadline. An application for interlocutory appeal shall be filed in this Court within 10 days of the entry of the trial court's order granting the certificate for immediate review.

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Georgia Motion to Dismiss Appeal - Not Within Jurisdiction of Court