Motion To Strike Form For Jury Trial In Alameda
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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.
Request for continuance must explain the reason or reasons that the conference should be continued and must indicate that the requesting party has conferred with opposing counsel or self-represented party, if any, and indicate what the position is of such counsel or party with regard to the request.
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.
Rule 3.31. Unless otherwise authorized by the court, discovery meet and confer obligations require an in-person, telephonic, or video conference between parties.
Grounds for a motion to strike include the following: The pleading is false; that is, untrue. The pleading is filed without the required leave of court. The form of pleading is in violation of a court order. The pleading is filed late. The pleading is barred by the statute of limitations. The pleading must be verified.
What happens with one "strike" prior? A defendant who is convicted of any new felony who has one "strike" prior (known as a second striker) must go to prison (i.e., cannot be sent to a rehab facility or placed on probation) for twice the sentence otherwise prescribed for the new offense.
Postponement or Hardship Requests You may request to be postponed or excused for hardship by logging on to our JPORTAL website. If your request is not allowed on JPortal, you may need to contact the jury services office for further assistance by emailing jury@alamedaurts.ca or by calling: (510) 879-3079.
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.
You would have to travel an excessive distance to get to the courthouse; You have a mental or physical limitation or disability; You provide care for a dependent child or adult and are unable to find help to care for your dependent; Serving on a jury would create a serious financial burden for you.
Groups Already Called This Week If your group number is in the table below, and you did not report as directed, you will receive a failure to appear, and your jury service will automatically be rescheduled in approximately 5 months.
