Motion To Strike Form In Philadelphia

State:
Multi-State
County:
Philadelphia
Control #:
US-00002BG-I
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Word; 
PDF; 
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Description

The Motion to Strike form in Philadelphia is a legal document used by defendants to request the court to remove or amend a provision in a prior judgment, particularly concerning alimony, due to changes in circumstances, such as the remarriage of the plaintiff. This form serves as an affidavit where the defendant affirms their status and provides pertinent facts that justify the request to strike the alimony provision. Key features include sections for detailing the original judgment and the financial circumstances of the plaintiff's new spouse, as well as a certificate of service for notifying the involved parties. Attorneys, partners, owners, associates, paralegals, and legal assistants will find the template essential for managing divorce-related modifications effectively. It offers clear instructions for filling out critical information and emphasizes the importance of providing substantial grounds for the motion. Additionally, the straightforward structure and plain language facilitate accessibility for users with varying levels of legal expertise. This form is particularly useful in divorce cases where the financial obligations may need reassessment due to changes in the plaintiff's living situation.
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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

All motions must provide the respondent with 10 days' notice pursuant to Local Rule 208.3 unless the matter is a true emergency. Your motion must be filed with the Department of Court Records for consideration by the Court. Please complete the Contested Civil Motions Cover Sheet in its entirety.

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.

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 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.

All words any words phrase. motion to strike. n. a request for a judge's order to eliminate all or a portion of the legal pleading (complaint, answer) of the opposition on any one of several grounds. It is often used in an attempt to have an entire cause of action removed ("stricken") from the court record.

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.

Motion to strike, dismiss or amplify. (a) A party deeming a pleading insufficient in form may file with the Commission a motion to strike. A party deeming a pleading insufficient in substance, or desiring to question the jurisdiction of the Commission, may file with the Commission a motion to dismiss.

Rule 1037.2 - Judgments by Default-Assessment of Damages (A) In order for the Office of Judicial Records to assess damages pursuant to Pa. R.C.P. 1037(b)(1) upon default for failure to answer, a complaint in an action must pray for specific items and amounts.

In Pennsylvania, defendants are given a timeframe of 10 days to file a motion for reconsideration in the clerk's office of the same court where the case was originally heard. Once a motion is filed, it is sent to all parties involved in a case.

Asbestos Litigation. Special Provisions. (a) In an action involving any allegation for injury or death arising from exposure to asbestos, the rules of civil procedure governing a civil action shall apply except as provided by this rule.

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Motion To Strike Form In Philadelphia