Motion Strike Sample With Replacement In Palm Beach
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Proposed orders for all Civil Court case types must be submitted directly to the court through the 15th Judicial Circuit's Online Scheduling System (OLS). Proposed orders cannot be submitted in person, by mail, by fax or by email to the court or to the Clerk's office.
A motion to dismiss asks the court to dismiss either whole or part of a complaint, counterclaim, or crossclaim. Motion to strike or "Demurrer": In some jurisdictions, a motion to strike or a "demurrer" is the equivalent to a motion to dismiss for failure to state a claim upon which relief can be granted.
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, ...
Specifically, Rule 1.150 states that “if a party deems any pleading or part thereof filed by another party to be a sham, that party may move to strike the pleading or part thereof before the cause is set for trial and the court shall hear the motion, taking evidence of the respective parties, and if the motion is ...
A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time. (g) Consolidation of Defenses. A party who makes a motion under this rule may join with it the other motions herein provided for and then available to that party.
The Florida Fourth District Court of Appeal handles appeals and extraordinary writ cases from the Fifteenth, Seventeenth, and Nineteenth Judicial Circuits, which are composed of Palm Beach, Broward, St. Lucie, Martin, Indian River, and Okeechobee Counties.
A motion to strike a defense is akin to a motion to dismiss a cause of action for failure to state a claim. This form of motion to strike regards the sufficiency of pleading, as opposed to the merits of the case.
Ex Parte Motion to Compel: When a motion to compel discovery alleges a complete failure to respond or object to discovery and affirmatively states that no timely request for extension of time has been served, an ex parte order on the motion may be entered by the court which requires compliance with the original ...
(4) Unless the moving party makes special arrangements with the clerk's office, the court file will not be present in the hearing room during the uniform motion calendar. Therefore, the moving party must furnish the court a copy of the motion to be heard together with a copy of the notice of hearing.
The United States Court of Appeals for the Fourth Circuit is one of twelve regional appellate courts within the federal judicial system. The court hears appeals from the nine federal district courts in Maryland, Virginia, West Virginia, North Carolina, and South Carolina and from federal administrative agencies.
