Motion To Strike Form In Queens

State:
Multi-State
County:
Queens
Control #:
US-00002BG-I
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

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.

Free preview
  • Form preview
  • Form preview

Form popularity

FAQ

Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerk's office and mail (or “serve”) one to the plaintiff or plaintiff's attorney.

The answering or objecting party may file a response to the motion to compel. The response must contain adequate justification for that party's objections, or argument showing why the party's answers to the discovery requests at issue were sufficient.

First, a motion is simply a request to the court that is put into writing. A motion to strike means that we are asking the court to throw out the answer that was submitted by the defense lawyer.

When you respond to a motion, be clear and direct about your legal position. Begin with an introduction that summarizes the nature of the motion and states your position. Develop key points to answer every argument your opponent made. Then, present your arguments in a logical sequence.

Respond to each of the Defendant's arguments – A defendant usually makes several points in the “Argument” section of its Motion to Dismiss. You should respond to each point. Most Memoranda cannot be longer than 15 pages (excluding title page).

When you respond to a motion, be clear and direct about your legal position. Begin with an introduction that summarizes the nature of the motion and states your position. Develop key points to answer every argument your opponent made. Then, present your arguments in a logical sequence.

Steps Check if the court has blank motion forms. Some courts have "check the boxes" or "fill in the blank" motion forms. Create your caption. Title your motion. Draft the introductory paragraph to the body of the motion. Request relief. Lay out the applicable facts. Make your legal argument. Insert a signature block.

The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, ...

In order to make a motion in the Court of Claims, you must prepare a set of "motion papers," serve a copy of the motion papers on the opposing party or the opposing party's attorney, and submit the original and two copies of the motion papers to the Clerk of the Court, with an Affidavit of Service (a sworn statement ...

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.

More info

(called an RJI for short). A motion is an application to the court for a specific court order within the confines of an existing case.This document provides detailed instructions on how to fill out a notice of motion form in the Queens Supreme Court. The transcript will be produced promptly. Download and complete Motion and Notice forms from the Illinois Office of the Courts. Court forms information coordinators are available to assist with locating court forms and providing information on when to use them and how to fill them out. ALL MOTIONS shall be made returnable in the Centralized Motion Part (CMP). Parties are required to comply with the CMP rules. The court may vacate a note of issue where a material fact set forth therein, ie, the representation that discovery is complete, is incorrect. Applicable Statute, Rule, or Case Law.

Trusted and secure by over 3 million people of the world’s leading companies

Motion To Strike Form In Queens