Motion To Strike For More Definite Statement In Cook
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(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading.
Common grounds for a motion to dismiss in New York include: – Lack of subject matter jurisdiction: The court does not have the authority to hear the case. – Lack of personal jurisdiction: The court does not have power over the defendant.
The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, ...
A motion for a more definite statement is designed to provide a party with a remedy when it is served with a pleading that is so vague or ambiguous that they cannot reasonably be required to frame a response.
A motion for a more definite statement must be filed before filing a responsive pleading. FRCP 12(e). Therefore, unless ordered otherwise by the court, the motion must be filed within 21 days after being served with a summons and complaint, or within 60 days if service of the complaint was timely waived.
Pleadings do not ask the judge to make decisions. Motions, on the other hand, ask judges to make decisions. Motions are mostly written but can be oral requests that can be presented only after the complaint has been filed.
Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served. It is filed before serving because the court sets the motion date, the amount of time for service of the motion, and how the order to show cause must be served.
A motion for more definite statement in many jurisdictions in the United States, and under United States federal law, is a means of obtaining a more detailed motion from the opposing party in a civil case before interposing a responsive pleading.
