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 Without Prejudice In Queens
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State:
Multi-State
County:
Queens
Control #:
US-00002BG-I
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Word;
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FAQ
If you see a potential for a motion to dismiss, this is an opportunity to inform the client how much legal expertise is necessary for such a filing. In other words, they will be facing a daunting challenge trying to represent themselves and will likely need an attorney more than ever.
If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
A motion is a written request made to the court, asking the judge to issue an order. The motion must be supported by evidence.
You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon. You will also submit a Certification listing the reasons you are making these requests of the Court and why the Judge should grant your relief, effectively your testimony.
If the court grants these motions to dismiss, the case is over, but the plaintiff can correct the problem and start the case again. This is called a dismissal without prejudice. Other motions to dismiss ask for dismissal with prejudice. This means that the case can't be started again.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
It should be noted that the court upon a motion for a directed verdict may in appropriate circumstances deny that motion and grant instead a new trial, or a voluntary dismissal without prejudice under Rule 41(a)(2).
A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite. It's not dismissed forever. The person whose case it is can try again.
The decision of the court shall be rendered within sixty days after the cause or matter is finally submitted or within sixty days after a motion under rule 4403, whichever is later, unless the parties agree to extend the time.
More info
MOTION BEING "MARKED OFF," without prejudice. 2. AS OF October 17, 2023, ALL APPEARANCES FOR ALL MOTIONS WILL BE. HELD IN-PERSON.This is called a dismissal without prejudice. Other motions to dismiss ask for dismissal with prejudice. "…other courts have concluded that a motion to strike may be granted with prejudice. Defendants ultimately did not oppose the motion. On July 1, 2014, this Court denied the motion without prejudice because of a defective notice of motion. The transcript will be produced promptly. They include a requirement that the. The determination of a motion pursuant to CPLR 3217(b) for leave to discontinue an action without prejudice is within the sound discretion of the court.