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 Philadelphia
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State:
Multi-State
County:
Philadelphia
Control #:
US-00002BG-I
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Word;
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Rule 2206 - Petitions for Approval of Settlements and Distribution in Wrongful Death/Survival Actions.
Rule 1028 - Preliminary Objections (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form or service of a writ of summons or a complaint; ...
Rule 2206 - Settlement, compromise, discontinuance and judgment (a) No action for wrongful death in which a minor or an incapacitated person has an interest shall be discontinued nor shall the interest of a minor or an incapacitated person in any such action or in a judgment for damages recovered therein be compromised ...
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.
Motion to Dismiss (a) Upon the commencement of any action filed by a pro se plaintiff in the court of common pleas, a defendant may file a motion to dismiss the action on the basis that: (1) The pro se plaintiff is alleging the same or related claims which the pro se plaintiff raised in a prior action against the same ...
Rule 1028 - Preliminary Objections (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form or service of a writ of summons or a complaint; ...
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.
File a response to the motion to strike. In your response, you should argue that your answer to the defendant's motion for summary judgment was not too long and that it added new information to the case. You should also argue that the defendant's motion to strike should be denied.
A motion focused on an already-filed report or disclosure is usually framed as a motion to strike, while motions to keep things from trial or from consideration on summary judgment are usually motions in limine or motions to exclude. Follow local practice on how to label the motion.