Motion To Strike Form In Michigan

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

The Motion to Strike form in Michigan serves as a tool for defendants seeking to challenge specific provisions related to alimony in a divorce judgment. This form is particularly useful when the plaintiff has remarried, as it allows the defendant to invoke the court's discretion to amend or strike alimony obligations based on the plaintiff's changed circumstances. Key features of the form include sections for the defendant to summarize their financial situation and the details of the plaintiff's remarriage, as well as a certificate of service for notifying the other party. To fill out the form, users need to provide personal information, describe the circumstances supporting their request, and ensure accurate completion to avoid delays. Attorneys, partners, owners, associates, paralegals, and legal assistants can benefit from using this form by streamlining the legal process of modifying alimony agreements. It enables clear communication of claims to the court while ensuring compliance with legal protocols. This form is essential for legal practitioners who represent clients in divorce cases and seek to advocate for their clients' rights effectively.
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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

File your Motion and the copies with the court clerk's office in the court where your case was heard. File a copy of the proposed order with your Motion. Contact your court to find out which filing methods are available. Depending on your court, you may be able to file electronically.

What happens next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.

Steps Check if the court has blank motion forms. Some courts have "check the boxes" or "fill in the blank" motion forms. Create your caption. Title your motion. Draft the introductory paragraph to the body of the motion. Request relief. Lay out the applicable facts. Make your legal argument. Insert a signature block.

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, ...

Motion practice in a circuit court appeal is governed by MCR 2.119. Motions may include special motions identified in MCR 7.211(C). Absent good cause, the court shall decide motions within 28 days after the hearing date. (A) Time for Filing and Service.

A Motion for Reconsideration in Michigan, governed by Michigan Court Rule 2.119(F), is a legal recourse available when a “palpable error” has significantly influenced the judge's decision and the outcome of the hearing or trial.

File your Motion and the copies with the court clerk's office in the court where your case was heard. File a copy of the proposed order with your Motion. Contact your court to find out which filing methods are available. Depending on your court, you may be able to file electronically.

Rule 2.313 - Failure to Serve Disclosure or to Provide or to Permit Discovery; Sanctions (A) Motion for Order Compelling Disclosure or Discovery. A party, on reasonable notice to other parties and all persons affected, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.

MOTION FOR REHEARING The moving party must demonstrate a palpable error by which the Court and the parties have been misled and show that a different disposition will result by correcting the error.

(3) Within 7 days after the granting of the judgment or order, or later if the court allows, a party may serve a copy of the proposed judgment or order on the other parties, with a notice to them that it will be submitted to the court for signing if no written objections to its accuracy or completeness are filed with ...

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Motion To Strike Form In Michigan