Motion To Strike For More Definite Statement In Washington

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Multi-State
Control #:
US-00002BG-I
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Description

The Motion to Strike for More Definite Statement in Washington is a legal form used by parties to request a clearer, more detailed statement from the opposing side regarding claims or defenses that may be vague or ambiguous. This motion is pivotal in ensuring parties are adequately informed of the opposing party's intentions, allowing them to prepare their cases appropriately. Key features of the form include spaces for the names of the parties involved, case information, and specific grounds for the motion. Filling out this form requires attention to detail, specifically noting dates, the nature of the ambiguity, and the specifics of the request being made. It is often utilized by legal professionals, such as attorneys and paralegals, to streamline litigation processes and reduce uncertainties that could affect case outcomes. Additionally, legal assistants may use this form to support attorneys in preparing motions, while partners and owners in a law firm may find it useful for managing client expectations and case strategies. Ultimately, this motion is an essential tool in civil litigation that can enhance clarity and efficiency in legal proceedings.
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FAQ

A party may move for a more definite statement if either: The pleading is so vague or ambiguous that the party cannot reasonably prepare a response. More particularity in the pleading can help dispose of the action efficiently and economically. (Wash.

(e) Motion for 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 interposing the party's responsive pleadings.

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.

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, ...

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.

These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.

(1) If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with ...

The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.

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.

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.

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Motion To Strike For More Definite Statement In Washington