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 Contra Costa
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Multi-State
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Contra Costa
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US-00002BG-I
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FAQ
(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.
Q5: What Happens if a Motion to Strike is Granted? If granted, the court will order the removal of the specified parts from the pleading. This can lead to a narrowing of the issues in the case or, in some instances, weaken the opposing party's position significantly.
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. v.
What happens next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.
A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.
At or after the hearing, the judge will make a decision on your motion. The judge might write an order on your motion herself. Or she might direct one of the parties to prepare the order for her signature.
A motion for a more definite statement is designed to provide a party with a remedy when it is served with an unintelligible pleading. See Point of Law (POL); see Smart Code®. A motion for a more definite statement must be filed before filing a responsive pleading. FRCP 12(e).
If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer.
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.
A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court.
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In ruling on a motion to strike, the allegations in the pleading are considered in context and presumed to be true. The defendant's motion for a more definite statement is GRANTED.Instead, motions for more definite statement, and similar proceedings, allow a party to determine his opponent's contentions. (e) Motion for a More Definite Statement. Accordingly, the court declines to address the motion for a more definite statement. The Church defendants move to dismiss plaintiffs' state law claims, asserting that these claims are time-barred and fail to state a claim, and also move in the alternative for a more definite statement under Federal Rule of Civil Procedure 12(e). Dkt. As a further proximate result, it has been made necessary for Plaintiffs to engage legal counsel for the purposes of bringing this action, entitling Plaintiffs to a further and additional sum for reasonable attorney's fees according to proof. ' Separate Statement of Additional Material Facts ("AMF") Nos. Contra Costa County Employees' Retirement. Assn. A claim has "probable validity" when it is "'more likely than not' the plaintiff will obtain a judgment on that claim.