Motion To Strike For Untimely Filing In Georgia
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Rule 12 - Extensions Of Time (1) Extensions of time for filing petitions for certiorari, applications for appeal, and motions for reconsideration will be granted only in unusual circumstances and only if the request is filed before the time for filing the pleading has expired.
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.
(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.
Any action in which no written order is taken for a period of five years shall automatically stand dismissed, with costs to be taxed against the party plaintiff.
12. The Court has three terms of court per year. Cases are docketed to a term as required by the Constitution of the State of Georgia and as otherwise required by law.
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.
(1) With respect to an incapacity matter of a judge, all pleadings, information, hearings, and proceedings shall remain confidential; and (2) With respect to a disciplinary matter of a judge, once formal charges are filed and served, all filings before the Hearing Panel or Supreme Court shall be subject to disclosure ...
Rule 12: Repeated Violations/Misbehavior/Chronic Disciplinary Problem Students. Students who chronically disrupt or repeatedly violate other school rules may be charged with repeated violations of school rules or misbehavior.
