motion for summary affirmance
A motion for summary affirmance is a legal document that requests an appellate court to affirm a lower court’s decision without hearing oral arguments. This type of motion is often filed when there is no genuine dispute of material fact and the law supports the lower court’s decision.
What are the steps for drafting a motion for summary affirmance?
1. Review the Applicable Law
Before drafting a motion for summary affirmance, it is important to review the applicable law. This includes the relevant state or federal statutes, regulations, and case law. You should also review the lower court’s decision and identify any errors of law or fact that may have been made.
2. Identify the Grounds for Summary Affirmance
To file a motion for summary affirmance, you must identify the grounds for affirming the lower court’s decision. This may include a lack of genuine dispute of material fact, the lower court’s correct interpretation of the law, or the lower court’s correct application of the law to the facts of the case.
3. Draft the Motion
The motion should be written in clearly and concisely and should include a statement of the facts, an explanation of the applicable law, and a request for summary affirmance. It is important to provide citations to the relevant statutes, regulations, and case law to support your argument.
Tips on how to file a motion for summary affirmance:
1. File the Motion
The motion must be filed with the appellate court. This typically involves submitting the original motion and supporting documentation to the court clerk, along with any applicable filing fees.
2. Serve the Motion
The motion for summary affirmance should be served on all parties to the case by mail or by personal service, depending on the rules of the court.
3. Attend Oral Argument (if requested)
If the appellate court decides to hear oral arguments, you will need to attend the argument and present your case to the court. During the argument, the court will consider the arguments of both parties and will make a decision on whether to affirm the lower court’s decision.
4. Follow up with the Court
If the motion for summary affirmance is granted, the appellate court will issue an order affirming the lower court’s decision. If the motion is denied, you may have the option to file a traditional appeal. It is important to follow up with the court and ensure that all necessary steps are taken.
In conclusion, filing a motion for summary affirmance can be a useful tool for quickly resolving appellate cases where there is no genuine dispute of material fact and the law supports the lower court’s decision. If you are unsure about any aspect of the process, it is recommended that you consult with an experienced appellate attorney who can provide guidance and representation.
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