Motion For Strike In Harris

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

The Motion for Strike in Harris is a legal document utilized to request the court to strike or amend the provisions related to alimony in a Final Judgment of Divorce. This form is particularly relevant for defendants who seek to modify their financial obligations due to the remarriage of the plaintiff. The form requires the affiant to provide details about the initial alimony provisions, the remarriage of the plaintiff, and the financial capacity of the plaintiff's new spouse. It also includes a certification of service, ensuring that all parties involved are notified. Attorneys, partners, and associates will find this form beneficial for seeking modifications after significant changes in the plaintiff's circumstances. Paralegals and legal assistants can assist in the preparation and filing of this motion, ensuring compliance with local court rules. It is essential for users to personalize the form accurately, including all necessary dates and financial information. Overall, the Motion for Strike in Harris serves as a crucial tool for defending parties in family law cases, aiming for fair adjustment of alimony obligations.
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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 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.

A. Any certified or duly recognized bargaining representative may declare a strike in cases of bargaining deadlock and unfair labor practice. Likewise, the employer may declare a lockout in the same cases.

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.

Grounds for a motion to strike include the following: The pleading is false; that is, untrue. The pleading is filed without the required leave of court. The form of pleading is in violation of a court order. The pleading is filed late. The pleading is barred by the statute of limitations. The pleading must be verified.

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 must be made before a responsive pleading, if a responsive pleading is permitted. If no responsive pleading is permitted, a motion to strike must be made within 21 days after being served with the pleading.

A “motion to dismiss” is typically filed in response to a complaint and is made in lieu of filing an “answer.” Technically, a plaintiff can move to “strike” a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.

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Motion For Strike In Harris