Does a Rule 48(a) motion for an application to appeal against the Court of Appeal be untimely?
MultiRegion, United States of America
The following excerpt is from U.S. v. Burdeau, 168 F.3d 352 (9th Cir. 1999):
3 The only case in which this court has held that a Rule 48(a) motion was untimely was Hirabayashi v. United States, 828 F.2d 591, 607-08 (9th Cir.1987), in which the appellate proceedings had concluded over forty years earlier.
"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
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)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (MultiRegion, United States of America)
Is an application for judicial review of a decision made by the Court of Appeal in the U.S. on a motion of appeal? (Canada (Federal), Canada)
Does the fact that a state appellate court has been granted a hearing on an application for habeas corpus relief at the Superior Court of Appeal invalidate the application? (MultiRegion, United States of America)
What is the effect of the Court of Appeal's finding that the Ontario Superior Court of Justice has jurisdiction to hear a motion of appeal in the matter of personal injury? (MultiRegion, United States of America)
What is the reasonableness analysis for a decision of the Appeals Officer in a motion to appeal against a motion of appeal? (Canada (Federal), Canada)
