Can an appellant file a motion for leave of the court in a federal civil action?
MultiRegion, United States of America
The following excerpt is from Massey v. Williams, 902 F.2d 40 (9th Cir. 1990):
Appellant may not file any federal civil action without leave of the court. In seeking leave of the court, appellant must certify that the claims he wishes to present are new claims never before raised and disposed of on the merits by any federal court. Upon failure to certify or upon a false certification, appellant may be found in contempt of court and punished accordingly.
See e.g., Franklin v. Murphy, 745 F.2d 1221, 1232 (9th Cir.1984) (imposing a similar restraint on filings).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Is a summons of a federal officer in a wage garnishment action a "civil action" that can be removed to federal court? (MultiRegion, United States of America)
When a federal court dismisses an action with prejudice, does the dismissal of the action by the federal district court result in a separate contract dispute arising from the settlement agreement? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
What is the test for transferring a civil action from a federal court to another federal court? (MultiRegion, United States of America)
If a motion is brought before the Superior Court of Justice in the absence of a motion before the Court of Appeal, and the motion has been adjourned for a second time, is there an instance where this court should take jurisdiction? (MultiRegion, United States of America)
Does a state court have more latitude than a federal court to reasonably determine that a defendant has not satisfied the standard of conduct required for a motion to be heard in a civil case? (MultiRegion, United States of America)
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
Can Gulfstream bring a motion to stay or dismiss a federal action seeking to prevent Gulfstream from using the same federal action? (MultiRegion, United States of America)
