Motion For Strike In Cook

State:
Multi-State
County:
Cook
Control #:
US-00002BG-I
Format:
Word; 
PDF; 
Rich Text
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Description

The Motion for Strike in Cook is a legal document used by defendants in divorce proceedings to request the court to reconsider alimony provisions following a plaintiff's remarriage. This form allows the defendant to provide a sworn affidavit, detailing the financial situation of the plaintiff's new spouse and asserting that the grounds for alimony have changed due to the plaintiff’s ability to support themselves. Key features of the form include sections for the affiant to verify their identity, summarize important case details, and articulate the basis for the motion, including statements of support from the new spouse. Filling instructions emphasize the importance of accuracy, dates, and the necessity to attach relevant evidence, like a copy of the prior Final Judgment of Divorce. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in family law cases, as it streamlines the legal process for addressing modifications in alimony due to changed circumstances. The form promotes clarity and efficiency in legal proceedings, ensuring all required information is collected and presented appropriately.
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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff

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FAQ

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.

Filing a Motion via E-filing You can e-file using a personal computer or at one of the public access eFile workstations offered at the Daley Center and in suburban courthouses. You must have an email address to e-file.

The Notice of Motion shall designate the Judge to whom the Motion will be presented for hearing; shall show the title and number of the action, the title of the Motion, the date when the Motion will be presented, the time it will be presented, the courtroom where it will be presented, and the address of the Courthouse ...

Either side in a case can file a motion. In some instances, a non-party may file a motion (for example, a motion to quash a subpoena issued in the case). Motions are electronically filed (e-file) with the court clerk where your case is being heard and are decided by a judge at a motion hearing.

If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.

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, ...

In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit. You may also write your own complaint without using a court form.

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.

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.

Can I practice law in Connecticut if I retire? If you retire pursuant to Section 2-55 (revocable retirement), then you may engage in uncompensated services to clients under the supervision of an organized legal aid society, a state or local bar association project or a court-affiliated pro bono program only.

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Motion For Strike In Cook