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Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Motion To Strike Answer In Nassau

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Nassau

Control #:

US-00002BG-I

Format:

Instant download

Description

The Motion to Strike Answer in Nassau is a legal form intended for use in family law cases, particularly involving alimony provisions in divorce judgments. This form allows defendants to request the court to strike or amend alimony provisions after the plaintiff has remarried. Key features of the form include sections for detailing the grounds for the motion, including an affidavit from the defendant outlining relevant facts, such as the plaintiff's remarriage and the financial capability of the new spouse. Filling out this form requires precise input of dates, names, and specific alimony details to support the request effectively. It is essential to have the affidavit notarized and to serve a copy to the plaintiff’s attorney and the plaintiff themselves. Target users of this form include attorneys, partners, owners, associates, paralegals, and legal assistants who assist in navigating family law procedures. By utilizing this motion, legal professionals can advocate for their clients' interests while ensuring compliance with legal standards in Nassau County.

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FAQ

When you respond to a motion, be clear and direct about your legal position. Begin with an introduction that summarizes the nature of the motion and states your position. Develop key points to answer every argument your opponent made. Then, present your arguments in a logical sequence.

A motion to strike material from a complaint must be filed before filing an answer. FRCP 12(f). Therefore, unless otherwise ordered by the court, the motion must be filed by the defendant within 21 days after being served with a summons and complaint, or within 60 days if service of the complaint was timely waived.

Returnable to Assigned Judge All motions must be made returnable to the judge assigned to the case and all papers related to the motion must be filed on or before the return date.

First, a motion is simply a request to the court that is put into writing. A motion to strike means that we are asking the court to throw out the answer that was submitted by the defense lawyer.

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.

An effective response to a Motion to Dismiss involves a thorough understanding of the legal grounds for the motion, a well-crafted written opposition, possible amendment of the complaint, and readiness for oral argument if required.

If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer.

A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.