Motion To Strike Example In Georgia

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Multi-State
Control #:
US-00002BG-I
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Description

The Motion to Strike example in Georgia is a legal document that allows a defendant to request the court to remove specific provisions related to alimony in a Final Judgment of Divorce. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in family law cases. Key features of the form include sections for detailing the reason for the motion, such as the plaintiff's remarriage, and the financial stability of the plaintiff's new partner. Filling out the form requires careful attention to detail, including providing dates, names, and specific statements of financial capability. Users should ensure that a sworn affidavit is properly executed before a notary public to validate the motion. The form also includes a Certificate of Service, ensuring that all parties, including the plaintiff's attorney and the plaintiff themselves, have been notified of the motion. Specific use cases for this form arise in scenarios where a defendant believes that circumstances have changed significantly post-judgment, warranting a reevaluation of alimony obligations. Overall, this form simplifies the process of seeking judicial relief and addresses the needs of legal professionals handling divorce cases in Georgia.
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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

A motion to strike is a legal request made to a court to remove certain parts of the opposing party's pleadings. This can include irrelevant, redundant, or legally insufficient material from a complaint, answer, or other legal documents.

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.

Pleadings do not ask the judge to make decisions. Motions, on the other hand, ask judges to make decisions. Motions are mostly written but can be oral requests that can be presented only after the complaint has been filed.

Motion to Strike Example Plaintiff supermarket alleges it has a contract with its subtenant (say, a bank or a coffee shop), the landlord knew of the contract and induced the subtenant to breach its sublease with plaintiff to take open retail space owned by the landlord in the same shopping center as the supermarket.

(f) Motion to strike. Upon motion made by a party within 30 days after the service of the pleading upon him, or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

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.

As with all motions, a motion to strike must state with particularity the grounds for seeking the order to strike, as well as the relief sought. FRCP 7(b); Smart Code®. Under FRCP 12(f), the court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

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.

(f) Motion to strike. Upon motion made by a party within 30 days after the service of the pleading upon him, or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

Primary tabs. 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.

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Motion To Strike Example In Georgia