This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Motion To Strike For More Definite Statement In Alameda
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State:
Multi-State
County:
Alameda
Control #:
US-00002BG-I
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(a) Except as permitted by statute, an applicable code of judicial ethics or code of judicial conduct, or standards governing employees of a tribunal, a lawyer shall not directly or indirectly give or lend anything of value to a judge, official, or employee of a tribunal.
(a) Fields occupied No trial court, or any division or branch of a trial court, may enact or enforce any local rule concerning these fields. All local rules concerning these fields are null and void unless otherwise permitted or required by a statute or a rule in the California Rules of Court.
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, ...
C.C.P. § 436 allows for a motion to strike “any irrelevant, false, or improper matter asserted in any pleading” or portion of a pleading “not drawn of filed in conformity with the laws of this state.” A motion to strike is proper “when a substantive defect is clear from the face of a complaint.” (PH II, Inc.
(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.
For in limine motions or matters on which the hearing will be two court days or fewer from filing, the courtesy copies shall be delivered the same day as filing. This rule does not apply to administrative records in writ proceedings.
(b) Declaration regarding notice (3) That, for reasons specified, the applicant should not be required to inform the opposing party.
Rule 3.31. Unless otherwise authorized by the court, discovery meet and confer obligations require an in-person, telephonic, or video conference between parties.
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.
The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.
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A motion for a more definite statement is designed to provide a party with a remedy when it is served with an unintelligible pleading. Plaintiff's motion to construe defendants' motion as one for a more definite statement is also denied.The Motion for a More Definite Statement. Acknowledging that it is a disfavored motion, Alameda County finally requests that the. Get free access to the complete judgment in Green v. 3 Once you have the case number, you can look up the docket for that case to pull up and review the order on the motion. More definite statement under. Federal Rule of Civil. We regret the error. (Nov. "Motions to amend are appropriately granted as late as.