Motion To Dismiss

Any claim that an appeal or writ of error should be dismissed, whether based on lack of jurisdic- tion, failure to file papers within the time allowed or other defect, shall be made by a motion to dismiss the appeal or writ. Any such motion must be filed in accordance with Sections 66-2 and 66- 3. A motion to dismiss an appeal or writ of error that claims a lack of jurisdiction may be filed at any time. A motion for sanctions filed pursuant to Section 85-1, 85-2 or 85-3 may be filed at any time. A motion to dismiss an appeal that claims any defect other than a lack of jurisdiction must be filed within ten days after the filing of the appeal. A motion to dismiss a writ of error that claims any defect other than a lack of jurisdiction must be filed within ten days after the filing of an elec- tronically filed writ of error or, if the plaintiff in error is exempt from the electronic filing requirements, within ten days after the return day. If a defendant in error was not a party to any action underlying the writ of error, and such defendant in error claims a defect in the writ other than lack of juris- diction, a motion to dismiss must be filed within thirty days after the return day. If the ground alleged for dismissal of an appeal or writ of error, other than a lack of jurisdiction, subsequently arises, a motion to dismiss must be filed within ten days after such ground for dis- missal arises. The court may on its own motion order that an appeal or writ of error be dismissed for lack of jurisdiction or other defect. (P.B. 1978-1997, Sec. 4056.) (Amended July 19, 2017, to take effect Oct. 8, 2017.)