Motion/request To Strike And Enter Appearance Meaning

State:
Multi-State
Control #:
US-MOT-01420
Format:
Word; 
Rich Text
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Description

The Motion/request to strike and enter appearance is a legal document that outlines a request made to the court to formally compel a defendant to respond to discovery requests, including interrogatories and document production. This form is primarily utilized in civil litigation, where one party seeks to obtain relevant information from another party. Key features of the form include sections for detailing the request, necessary case information, and a statement of expenses incurred due to the defendant's noncompliance. Users must fill in specific details, such as dates, names, and responses, ensuring accurate references to applicable rules of civil procedure. This form serves a critical role for attorneys, partners, owners, associates, paralegals, and legal assistants in managing cases effectively, ensuring compliance with discovery obligations. It is particularly useful when responses are inadequate or delayed, providing grounds for seeking attorney's fees and other related expenses. Proper completion and filing can lead to favorable court rulings and facilitate the progression of legal proceedings.
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FAQ

A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer.

(d) Striking Appearance. If the defendant is represented by other counsel or if other counsel enters an appearance on behalf of the defendant, and if no objection is made within ten days after the motion is filed, the clerk shall strike the appearance of moving counsel.

Grounds for a motion to strike include the following: The pleading is false; that is, untrue. ... The pleading is filed without the required leave of court. ... The form of pleading is in violation of a court order. ... The pleading is filed late. ... The pleading is barred by the statute of limitations. ... The pleading must be verified.

Motion to Strike This asks the court to take something out of the Complaint because it is not understandable, it is repetitive, it isn't legal, or it doesn't matter. This motion can help to limit what the case is about so you do not have to defend that part of the case.

It means the case is in limbo. There is still a case pending against you but it has no future court dates. The case was on the docket (court calendar) for that day but the judge did not do anything on the case.

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Motion/request To Strike And Enter Appearance Meaning