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 With Prejudice In Nevada
Category:
State:
Multi-State
Control #:
US-00002BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite. It's not dismissed forever.
If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) defer considering the motion or deny it; (2) allow time to obtain affidavits or declarations or to take discovery; or (3) issue any other appropriate order.
(6)Dismissal With Prejudice. A dismissal under Rule 41(e) is a bar to another action upon the same claim for relief against the same defendants unless the court provides otherwise in its order dismissing the action.
Rule 4.2(a)(2) specifies that a summons and complaint may not be delivered to a person of suitable age and discretion who resides with the individual being served if the person is a party to the litigation adverse to the individual being served.
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name-or by a party personally if the party is unrepresented.
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions (a)Motion for an Order Compelling Disclosure or Discovery. (1)In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery.
A motion requesting a rehearing or reconsideration may be based only on one of the following grounds: (a) Newly discovered or available evidence. (b) Error in the hearing or in the findings and recommendations or the decision that would be grounds for reversal of the findings and recommendations or the decision.
A dismissal “with” prejudice operates as an adjudication on the merits of the lawsuit and has a preclusive effect on subsequent claims and actions. A dismissal “without” prejudice does not constitute an adjudication on the merits and generally does not bar a subsequent lawsuit.
When a court dismisses an action, they can either do so “with prejudice” or “without prejudice.” Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court.
A case is dismissed with prejudice when the defect cannot be remedied because, for example, the claim has no basis in law, and it is permanently dismissed. (That does not mean that you can't bring an appeal to challenge the trial judge's decision.)
More info
(7) Dismiss one or more claims or strike one or more defenses of the disobedient party, with or without prejudice;. Fill in the page numbers, sign, and date.Complete the Motion. The court may dismiss an action for want of prosecution if a plaintiff fails to bring the action to trial within 2 years after the action was filed. "With Prejudice" means you will not file any other claims regarding this matter. "Without Prejudice" means you may file a new claim for the same matter. Defendants request Paragraphs 1 and 2 of the Complaint be stricken because they are irrelevant, immaterial, and solely meant to prejudice the reader. (6)Dismissal With Prejudice. These are the Local Rules of Practice for the United States District Court for the District of Nevada. (f) Motion to Strike.