Motion To Strike Without Leave To Amend In Washington

State:
Multi-State
Control #:
US-00002BG-I
Format:
Word; 
PDF; 
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Description

The Motion to Strike Without Leave to Amend in Washington is a legal form used by defendants seeking to request the court to remove certain claims or defenses from the complaint based on specific grounds. This form is particularly relevant in situations where the plaintiff has remarried, potentially affecting alimony provisions. Key features of this form include the ability to articulate the grounds for striking the alimony clause, a statement of the financial capability of the new spouse, and an affidavit that must be notarized to validate its authenticity. Filling out the form involves accurately detailing the circumstances surrounding the previous judgment and the new marital status of the plaintiff. Users are instructed to provide clear, concise statements and ensure proper service to relevant parties. This form is especially beneficial for attorneys, paralegals, and legal assistants as it helps streamline the process of responding to modifications in family law cases. It serves as a foundational document for lawyers representing defendants in divorce matters, as well as for partners and associates managing caseloads related to family law. Overall, this form aids in the effective management of legal proceedings, reducing the potential for unnecessary amendments after submission.
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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff

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FAQ

Primary tabs. A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record.

An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.

Absent prior authorization from the court, the initial motion and opposing memorandum shall not exceed 4,200 words; and reply memoranda shall not exceed 1,750 words.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.

Either party, after the notice of trial, whether given by either party, may bring the issue to trial, and in the absence of the adverse party, unless the court for good cause otherwise directs, may proceed with the case, and take a dismissal of the action, or a verdict or judgment, as the case may require.

The Court may enter an order of dismissal without prejudice for failure to take action of record during the past 12 months.

A popular way of reading Washington's primary results is through using something we've jokingly dubbed “the rule of 12”, where observers take the primary results and simply shift them 12% towards Republicans to determine the national November result.

Oral argument on civil motions, including family law motions, may be heard by remote means in the discretion of the court. Parties shall bear their own costs of participation by conference call or other remote means unless the court directs otherwise in the ruling or decision on the motion.

Setting Cases for Trial: Rule 40 provides that cases are set for trial by the court without action by the parties, which means the court itself schedules trials based on its calendar and procedural readiness of the cases.

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.

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Motion To Strike Without Leave To Amend In Washington