Motion For Strike Court In Pima
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FAQ
(a) At any time, the Superior Court may order oral argument upon its own initiative or the motion of a party. (b) If a party wishes oral argument, the request must be made in the caption of a memorandum at the time a memorandum is filed.
If you file a motion to strike, it must be in a stand-alone pleading that cannot exceed two pages. A response is due within five days, and the response also cannot exceed two-pages. Do not file a reply unless one is ordered. A motion to strike does not extend the deadline to file a responsive pleading.
Under Rule 12(f), a part of a pleading can be removed if it is redundant, immaterial, impertinent, or scandalous. The motion can be made by a party within an allotted time frame, or can be raised by the court, called sua sponte.
Only these pleadings are allowed: a complaint; an answer to a complaint; a counterclaim; an answer to a counterclaim designated as a counterclaim; an answer to a crossclaim; a third-party complaint; an answer to a third-party complaint; and, if the court orders one, a reply to an answer.
C.C.P. § 436 allows for a motion to strike “any irrelevant, false, or improper matter asserted in any pleading” or portion of a pleading “not drawn of filed in conformity with the laws of this state.” A motion to strike is proper “when a substantive defect is clear from the face of a complaint.” (PH II, Inc.
Any party may file a response to a motion within 10 days after service of the motion. The moving party may file a reply memorandum within 5 days after service of a response. The reply must be strictly confined to rebuttal of points made in the response.
Title your motion and identify yourself in the introduction. Then, say what you want the court to do and state the facts that back up your request. Write your legal argument by stating the rule and explaining how your facts apply to it. Then, add your signature, a Certificate of Service, and a Notice of Hearing.
The court has jurisdiction over civil lawsuits where the amount in dispute is $10,000 or less, landlord and tenant controversies, small claims cases up to $3500 and the full range of civil and criminal traffic offenses, including DUIs.
I have a warrant, what do I do? A: To quash a warrant, you must appear for a Motion to Quash hearing. Warrants are no longer quashed on the same day.
Change My Name Pima County Superior Court provides two options for applicants seeking a name change. An applicant can file their application and request a telephonic hearing or can appear in person on Thursday mornings.
