Motion To Strike For More Definite Statement In Wayne
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(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 a responsive pleading.
A motion for more definite statement in many jurisdictions in the United States, and under United States federal law, is a means of obtaining a more detailed motion from the opposing party in a civil case before interposing a responsive pleading.
The main types of pleadings are described below. Complaint. This is the initial pleading filed by the plaintiff (the party bringing the lawsuit). Answer. The defendant (the party being sued) responds to the complaint with an answer. Counterclaim. Cross-Claim. Third-Party Complaint. Amended Pleadings. Reply.
A motion for a more definite statement is designed to provide a party with a remedy when it is served with an unintelligible pleading. See Point of Law (POL); see Smart Code®. When to File. A motion for a more definite statement must be filed before filing a responsive pleading.
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.
Summary. Rule 12(f) allows courts to strike redundant, immaterial, impertinent, or scandalous matter from pleadings. Judge Hollander's opinion in Blevins v. Piatt provides clear criteria for granting or denying a Rule 12(f) motion.
(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.
An example of a motion to suppress is where a defendant requests the court to suppress a confession by the defendant to the police that was obtained as a result of a Miranda violation.
