Motion To Strike Example In Illinois

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

The Motion to Strike example in Illinois serves as a formal request made by a defendant to a court, aiming to eliminate specific provisions regarding alimony in a final judgment due to a change in circumstances—specifically, the remarriage of the plaintiff. This form enables users to assert that the plaintiff's new spouse can provide necessary support, thereby providing grounds for amending or striking the alimony obligations. Key features include sections for identifying the case, detailing alimony provisions, and nominating the reasons for the motion, alongside an affidavit section for personal attestations. Users are instructed to fill in essential case information, including names and addresses of involved parties and to summarize the financial fitness of the new spouse. The document also requires certification of service to the plaintiff's attorney. Attorneys, partners, and legal assistants can utilize this form to efficiently manage divorce-related modifications, ensure compliance with local rules, and protect client interests. Paralegals might find this form useful for supporting attorneys in drafting and filing motions timely and accurately. Overall, this form streamlines the process of seeking judicial alterations to support agreements in divorce cases.
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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

Clearly state the purpose of the motion and provide a brief summary of the arguments or relief sought. Use clear and concise language to effectively convey your intentions. Support your motion with legal arguments, citing relevant statutes, case law, and any supporting documents or evidence.

How to Write a Kick-Ass Motion Make an Outline. Keep Your Motion Simple. Maintain Credibility. Mind Your Citations. Focus on Facts. Keep Your Intro Short. Respect the Opposition. Write in English, Not Legalese.

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.

General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...

A motion is a paper you can file in your case. It asks the court to decide something in your case. For example, if you need more time to answer a complaint against you, you can file a motion to extend the time to answer. If you do not have a case, you cannot file a motion.

The Motion and the Notice of Motion need to be e-filed with the Clerk of the Court. The e-Filing system will reject your filing if you do not enter a court date on the form before e-filing it.

The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, ...

When you become involved in a lawsuit, you may want the court to agree to something outside the standard litigation process. For example, you or your opponent may want the court to drop the case (motion to dismiss) or decide the winner without undergoing a full trial (motion for summary judgment).

The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, ...

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Motion To Strike Example In Illinois