Motion To Strike For More Definite Statement In Pima
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Rule 12 - Disposition of Appeals (a) Ancillary Orders. The Superior Court may issue such orders in aid of the proceedings as it deems necessary. (b) Standard of Review. The Superior Court shall have full authority to decide all questions of law and fact.
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.
Rule 83 - Altering or Amending a Judgment. Rule 84 - Motion for Clarification. Rule 85 - Relief from Judgment or Order. Rule 86 - Harmless Error. Rule 87 - Stay of Proceedings to Enforce a Judgment.
A motion is a proposal that the entire board take action or stand on an issue. A motion should express a decision in precise terms that, if approved, will be self-explanatory. Typically a motion must be seconded by another director as a precondition to the discussion.
For example, if a plaintiff files a complaint that is too vague for the defendant to understand, the defendant can file a motion for more definite statement. The defendant can ask the court to require the plaintiff to amend the complaint and provide more specific details.
Motion to strike. 221 (1) On motion, the Court may, at any time, order that a pleading, or anything contained therein, be struck out, with or without leave to amend, on the ground that it.
(e) Motion for a More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before filing a responsive pleading.
A motion for a more definite statement must be filed before filing a responsive pleading. FRCP 12(e). Therefore, unless ordered otherwise by the court, the motion must be filed within 21 days after being served with a summons and complaint, or within 60 days if service of the complaint was timely waived.
FRCP 12(b). Such motions are often made at the earliest stage of the case to defeat or limit a claim or to stall the case before proceeding to costly and time-consuming discovery. For this reason, courts claim that FRCP 12(b)(6) motions are generally viewed with disfavor and rarely granted. See Point of Law (POL).
A motion for a more definite statement is a request made by one party to the court asking the other party to clarify their vague or unclear statement in a legal document. This is done when the first party cannot respond properly to the unclear statement.
