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 With Prejudice In Bronx
Category:
State:
Multi-State
County:
Bronx
Control #:
US-00002BG-I
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Word;
PDF;
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FAQ
To defend against a motion to dismiss for lack of personal jurisdiction, you should be prepared to show the judge that the other party has had “contact” with the state where you have filed the case, s/he was served in the state, or there is some other reason why the court has jurisdiction.
If one party to a case has filed a motion with the court, the other side can file an “opposition.” An “opposition” is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion.
Other motions to dismiss ask for dismissal with prejudice. This means that the case can't be started again. For example, if the case is legally time barred by the statute of limitations or the plaintiff or petitioner does not have the right to start the case.
To defend against a motion to dismiss for lack of personal jurisdiction, you should be prepared to show the judge that the other party has had “contact” with the state where you have filed the case, s/he was served in the state, or there is some other reason why the court has jurisdiction.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.
A motion to dismiss asks the court to dismiss either whole or part of a complaint, counterclaim, or crossclaim. Motion to strike or "Demurrer": In some jurisdictions, a motion to strike or a "demurrer" is the equivalent to a motion to dismiss for failure to state a claim upon which relief can be granted.
The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
Understand Judicial Attention Spans: Be Certain Your Brief and Arguments Tell the Story. Employ Innocence by Association. Avoid “Red Flag” Clues for the Judicial Reader. Avoid Ad Hominem Attacks and Language. Argue to Win. Never Squander Credibility.
An example would be if a judge determines a lawsuit as insignificant or the issue has been resolved. There are several reasons why a case can be dismissed with prejudice. In some cases, if the court finds the evidence presented does not support the claims, they may dismiss the case.
A “motion to dismiss” is typically filed in response to a complaint and is made in lieu of filing an “answer.” Technically, a plaintiff can move to “strike” a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.
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This pamphlet describes how to prepare, serve and submit a motion in the. Supreme Court, Bronx County.A motion to strike asks the court to ban a pleading, like an Answer, from being used. Defendants' motion seeking to strike plaintiff's complaint is denied. Plaintiff claims that his attorneys never received the order provisionally denying his motion to restore. For the reasons set forth herein, defendant's motion is denied in its entirety. Your session has timed out. Save Search. Language. The court granted their motion, dismissing the action in its entirety. Is there a form you will have to fill out?