This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent 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.
Affidavit Motion Amend Without In Santa Clara
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State:
Multi-State
County:
Santa Clara
Control #:
US-00003BG-I
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FAQ
In general, before a demurrer or a motion to strike can be filed, the law requires that the two sides try to solve the issue either in person or by phone. This is called "meet and confer." Code of Civil Procedure section 430.41 and 435.5.
Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response See Above.
A notice means the other side is dismissing their own case. A motion means they want to dismiss the other sides case.
(a) Motion and opposition (2) A motion must be accompanied by a memorandum and, if it is based on matters outside the record, by declarations or other supporting evidence. (3) Any opposition must be served and filed within 15 days after the motion is filed.
Motions: 16 court days before hearing (+5 calendar days for mailing). If the mailing deadline (16+5 days) has passed, but there are still more than 16 court days before the hearing, you can have it served by personal delivery. If you miss the service deadline entirely, you will need to re-schedule your motion.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
Motions: 16 court days before hearing (+5 calendar days for mailing). If the mailing deadline (16+5 days) has passed, but there are still more than 16 court days before the hearing, you can have it served by personal delivery. If you miss the service deadline entirely, you will need to re-schedule your motion.
What if I need to postpone my court date? (a continuance) Ask for a continuance. You can do this in person, by phone or in writing. The Court will allow one continuance for arraignments or trials if the parties have waived their right to trial within time periods set by law.
The request MUST BE SUPPORTED by a declaration signed under penalty of perjury that clearly explains the reasons for requesting a continuance and why the the timeline for a continuance is appropriate under the circumstances. The Court does not offer a form to request a continuance.
(b) Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.
More info
On this page below is a list of LOCAL forms that can be completed online and then printed. The form you need may be in this list.This HowTo Guide addresses the steps for filing and serving motions in general civil cases in Santa Clara Superior Court. An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed. Prepare your amended complaint as discussed above. Fill out the generic motion form below and title it "Motion to Amend Complaint. In the absence of prejudice or surprise resulting directly from the delay in seeking leave, a motion for leave to amend is to be granted unless the proposed. A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment. In Santa Clara County, California; How can I amend a motion that I filed? I didnt check the relief box and the other.