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 Answer In Suffolk
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State:
Multi-State
County:
Suffolk
Control #:
US-00002BG-I
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File a response to the motion to strike. In your response, you should argue that your answer to the defendant's motion for summary judgment was not too long and that it added new information to the case. You should also argue that the defendant's motion to strike should be denied.
The Reply in Support of the Cross Motion. If a cross motion is filed, the party filing the cross motion is authorized to file a reply in response to the affidavit in opposition to the cross motion. It consists of an affidavit, an affirmation, and exhibits, if any.
However, if you were served with the motion at least 16 days before the hearing date, you must serve the notice of cross-motion at least 7 days prior to the hearing date. If serving by mail, you must add 3 days and serve it at least 10 days prior to the hearing date.
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.
What happens next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.
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.
The Reply in Support of the Cross Motion. If a cross motion is filed, the party filing the cross motion is authorized to file a reply in response to the affidavit in opposition to the cross motion. It consists of an affidavit, an affirmation, and exhibits, if any.
The response is sent to the plaintiff's attorney or directly to the plaintiff if the plaintiff is unrepresented. The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete.
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.
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Answer (Self represented defendant's Answer to a Civil Summons) DC-54 "In Person" Answer. Application for a summons.A motion to strike asks the court to ban a pleading, like an Answer, from being used. In New York, Suffolk County, can I send my response to a complaint (motion to strike) via certified mail or does it have. A motion to strike is filed to contest or question the legal sufficiency of any one or more of the allegations or causes of action. This SmartRules™ procedural guide sets forth rules and requirements of general applicability for motion practice in the referenced court. Applicable Statute, Rule, or Case Law. Upon the following papers numbered 1 to 7 read on this motion. FOR SUMMARY JUDGMENT AND CROSS-MOTION TO STRIKE ANSWER. (e) Motions to Strike.