Motion Strike Sample With Replacement In Florida

State:
Multi-State
Control #:
US-00002BG-I
Format:
Word; 
PDF; 
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Description

The Motion Strike Sample With Replacement in Florida is a legal template designed for defendants seeking to challenge or amend alimony provisions in a final judgment after a plaintiff has remarried. This form emphasizes the right of the defendant to request the court's discretion to strike alimony based on the plaintiff's new marital status. Key features include sections for personal details, a declaration of facts supporting the motion, and a certification of service to the plaintiff and their attorney. Users filling out the form must include relevant dates, supportive statements about the plaintiff's subsequent spouse's ability to provide financial support, and a clear indication of no prior relief applications. This form is particularly useful for attorneys, paralegals, and legal assistants who handle family law cases. It streamlines the process of filing a motion by providing structured guidance for necessary legal claims. Additionally, it equips legal professionals with a standard procedure to ensure compliance with Florida court requirements, thus enhancing their effectiveness in representing clients.
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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

1.460. A motion for continuance shall be in writing unless made at a trial and, except for good cause shown, shall be signed by the party requesting the continuance.

Rule 1.450(a) of the Florida Rules of Civil Procedure provides: A party may interrogate any unwilling or hostile witness by leading questions.

Rule 1.450 - EVIDENCE (a) Record of Excluded Evidence. In an action tried by a jury if an objection to a question propounded to a witness is sustained by the court, the examining attorney may make a specific offer of what the attorney expects to prove by the answer of the witness.

Any party may request any other party (1) to produce and permit the party making the request, or someone acting in the requesting party's behalf, to inspect and copy any designated documents, including electronically stored information, writings, drawings, graphs, charts, photographs, audio, visual, and audiovisual ...

Any party may require other parties to appear for the taking of an unsworn statement. The statements must only be used for the purpose of presuit screening and are not discoverable or admissible in any civil action for any purpose by any party.

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.

P. 1.455. In its discretion, the court may authorize documents and exhibits to be included in notebooks for use by the jurors during trial to aid them in performing their duties.

A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time. (g) Consolidation of Defenses. A party who makes a motion under this rule may join with it the other motions herein provided for and then available to that party.

(f) Motion to Strike. A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time.

The appellee must serve and file a brief within 30 days after the appellant's brief is served. The appellant may serve and file a reply brief within 21 days after service of the appellee's brief but a reply brief must be filed at least 7 days before argument, unless the court, for good cause, allows a later filing.

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Motion Strike Sample With Replacement In Florida