Motion To Strike Without Leave To Amend In Philadelphia

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

The Motion to Strike Without Leave to Amend in Philadelphia is a legal document used by defendants to request the court to invalidate certain claims in a lawsuit without allowing the plaintiff to correct or amend their complaint. This form is particularly relevant once a defendant believes that a plaintiff's allegations are legally insufficient or irrelevant. Key features include sections to provide the defendant's name, case details, and specific reasons for the request, such as the remarriage of the plaintiff affecting alimony provisions. Filling instructions emphasize the need for accuracy and clarity in detailing the grounds for the motion, supported by exhibits and affidavits where necessary. Editing should ensure that all statements align with the factual background of the case. This form is essential for attorneys, partners, owners, associates, paralegals, and legal assistants who are involved in divorce and alimony matters, enabling them to effectively advocate for their clients' interests in court by managing motions efficiently.
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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

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FAQ

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; ...

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 2206 - Petitions for Approval of Settlements and Distribution in Wrongful Death/Survival Actions.

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.

As with all motions, a motion to strike must state with particularity the grounds for seeking the order to strike, as well as the relief sought. FRCP 7(b); Smart Code®. Under FRCP 12(f), the court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

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 ...

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; ...

Pennsylvania defines a nuisance as "a class of wrongs that arise from the unreasonable, unwarrantable, or unlawful use by a person of his own property . . . to the right of another, or the public, producing such material annoyance, inconvenience, discomfort or hurt that the law will presume a consequential damage."1 ...

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; ...

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Motion To Strike Without Leave To Amend In Philadelphia