How to File a Motion to Dismiss an Appeal

A judge will normally allow you to dismiss an appeal filed by you.

There are essentially two reasons an individual would want to file a motion to dismiss an appeal. If you are the appellant and decide you no longer wish to pursue the legal issues raised in your appeal, you can move to dismiss it. On the other hand, because there are specific time limits in which an appeal must be filed, you can file a motion to dismiss if the opposing party is the appellant and the appeal was not filed within the time limits provided in the rules of the court.

Instructions

1. Draft your motion to dismiss appeal. Include the caption at the beginning of your motion. The caption consists of the name of the judge handling the case, the appellate court, your case number and the names of the parties.

2. Specify the reason you are asking for the dismissal. This is the body of your motion. You must tell the court if you are requesting a voluntary dismissal on your own behalf. Typically, the other party will not be opposed to this. If the other party failed to timely file his appeal, be sure to cite the court rule supporting this assertion.

3. Determine who will pay the costs of the appeal. Upon filing a motion to dismiss an appeal you filed, you would normally be responsible for the court costs. This is assuming the costs have not been waived by the court due to your income. However, when filing a motion to dismiss based on the other party's negligence, he would be responsible.

4. Make the required number of copies as provided by the court. The rules of the court will tell you the number of copies you need. You can usually find the rules on the court's website, or you can ask the clerk of courts.

5. Send the original motion and the copies to the clerk at the appellate court. You will need to send a copy to the other party as well.

References

• State of California Department of Justice: Motion to Dismiss
• Appellate Law Blog: When to File a Motion to Dismiss an Untimely Appeal