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Support A Motion Meaning In Philadelphia

State:
Multi-State
County:
Philadelphia
Control #:
US-00003BG-I
Format:
Word; 
PDF; 
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Description

The document outlines the Affidavit of Defendant for supporting a motion in Philadelphia, primarily relating to divorce proceedings and alimony provisions. It serves as a legal tool for defendants to state their compliance with a prior court judgment while presenting new information that could potentially affect alimony obligations, such as the cohabitation of the plaintiff. Key features include personal identification details of the defendant, a statement of alimony provisions, and grounds on which the defendant seeks to alter or annul the alimony commitments. Filling instructions specify that the defendant must provide personal information, such as residence and payment history, and substantiate their claims with evidence, such as a Final Judgment of Divorce. Editing instructions emphasize clear and precise language to ensure that legal standards are met without ambiguity. This form is especially helpful for attorneys, partners, owners, associates, paralegals, and legal assistants as it aids in documenting critical legal arguments and ensures that procedural requirements are followed in the Philadelphia court system. It can be used in cases where a defendant seeks to challenge financial obligations due to changed personal circumstances, thus allowing for a legal reevaluation of their responsibilities.
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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because of Cohabitation By Dependent Spouse

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FAQ

What is the deadline to respond? Oppositions normally must be filed with the court within 14 days after the other side served the motion on you. If you received the motion in the mail, you get an additional 3 days from the date it was mailed.

Rule 1028 - Preliminary Objections (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form or service of a writ of summons or a complaint; ...

If the opposing party does not answer, then you have to file a motion to compel the opposing party to respond. The party must answer your request if the court orders them to. If the party still does not answer, they can be held in contempt of court and/or a default judgment can be issued in your favor.

§ 4904. (e) The answer shall be filed not later than 10 days after service of the motion, unless otherwise ordered by the court. All motions, answers, and briefs must conform to the following requirements: (1) The document shall be on 8 1/2 inch by 11 inch paper.

Within 10 days of the entry of a final order, a party aggrieved by the order may file a motion for reconsideration. The motion shall identify the specific issues to be reconsidered by the court. The filing of a motion for reconsideration does not toll the 30-day appeal period pursuant to Pa. R.A.P.

How do I get the judge to grant my motion? A judge will make his/her decision on a motion based on the law that applies, the facts of the situation, and the arguments made by the parties for, and against, the motion.

(c) A response to a dispositive motion shall be filed within 30 days of service of the motion or, if a supporting party files a memorandum of law alone, within 30 days of service of that memorandum of law. The response to a dispositive motion must be accompanied by a supporting memorandum of law or brief.

Your court may have a specific form that needs to be filed for a motion, and you will usually also submit supporting documents like an affidavit in support of the motion, a memorandum of law (if necessary), and exhibits that would be admissible at a hearing.

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Support A Motion Meaning In Philadelphia