This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Motion To Strike Without Prejudice In Harris
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State:
Multi-State
County:
Harris
Control #:
US-00002BG-I
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This is called a dismissal without prejudice. Other motions to dismiss ask for dismissal with prejudice.The determination of a motion pursuant to CPLR 3217(b) for leave to discontinue an action without prejudice is within the sound discretion of the court. If all parties agree to dismiss the case, you should file an Agreed Motion to Dismiss Without Prejudice instead of a Notice of Nonsuit. Such conferences hope to facilitate a quick resolution of a matter in dispute, to avoid the expense of preparation of written motions and are without prejudice. On the __ day of ______, 20__, the Court called the above styled and numbered cause. Plaintiff announced to the Court the desire to non-suit this cause. It may or may not be "with prejudice" rather than "without prejudice. " The insurance company's attorney will ask for "with prejudice. Rule 8(c) means what it says: affirmative defenses must be raised in a responsive pleading, not a dispositive motion.