10th Cir. R. 27.3: Summary disposition on motion by a party or the court

(A) Motions to dismiss or affirm.

(1) Types. A party may file only the following dispositive motions:

(a) a motion to dismiss the entire case for lack of appellate jurisdiction or for any other reason a dismissal is permitted by statute, the Federal Rules of Appellate Procedure, or these Rules;

(b) a motion for summary disposition because of a supervening change of law or mootness;

(c) a motion to remand for additional trial court or administrative proceedings; or

(d) a motion by the government to enforce an appeal waiver and dismiss the entire appeal. Any request for dismissal of fewer than all claims or issues in an appeal based upon an appeal waiver (as opposed to a request for dismissal of an entire appeal), should be asserted in the merits brief and not by a preliminary motion filed under this rule.

(2) Contents.

(a) The motion must discuss the grounds for the motion.

(b) A motion under Rule 27.3(A)(1)(d) must include copies of the plea agreement and copies of transcripts for both the plea hearing and the sentencing hearing.

(3) Time to file.

(a) If a motion to dismiss the entire case for lack of appellate jurisdiction or pursuant to a claims-processing deadline is filed, it must be filed within 14 days after the appeal or other proceeding is docketed in this court, unless good cause is shown for later filing.

(b) If any other motion under Rule 27.3(A)(1)(a) through (c) is filed, it should be filed within 14 days after the appeal or other proceeding is docketed in this court, unless good cause is shown for later filing.

(c) If a motion under Rule 27.3(A)(1)(d) is filed, it must be filed within 20 days after:

(i) the district court’s notice, pursuant to Rule 11.1, that the record is complete, or

(ii) the district court’s notice that it is transmitting the record pursuant to Rule 11.2, unless good cause is shown for later filing.

(d) Failure to file a timely motion under this rule does not preclude a party from raising the issue in a merits brief.

(4) Responses and replies. If a party chooses to respond to a motion, the response must be filed within 14 days after the motion is served. The time to file a reply is governed by Federal Rule of Appellate Procedure 27(a)(4).

(B) Action by the court. After giving notice to the parties, the court may summarily dispose of an appeal or a petition for review or enforcement.

(1) Memorandum briefs. The court may require parties to file memorandum briefs addressing specific dispositive issues.

(2) Contents. A memorandum brief need not contain an index or a table of cases, but it must include a list of prior and related appeals.

(3) Length. Memorandum briefs filed under this rule shall be no longer than 5200 words in length or 20 pages if typed or handwritten. All briefs filed using the word limit must contain a certification in accord with Federal Rule of Appellate Procedure 32(g).

(4) Submission. A case with memorandum briefs will be considered without oral argument, unless a panel member decides that oral argument is needed. See 10th Cir. R. 34.1(G).

(C) Briefing stopped. The filing of a motion under Rule 27.3(A) or notice of action by the court under Rule 27.3(B) suspends the briefing schedule unless the court orders otherwise.