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Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Motion To Strike Form With Two Points In Arizona

Q: What is the basis for motion to strike?

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.

Q: What is the rule 16.1 in Arizona?

Rule 16.1 - Settlement Conferences (a)Generally. At a party&#039;s request or on its own, a court may require the parties to participate in one or more pretrial settlement conferences unless the action is a lower court appeal or is subject to compulsory arbitration under Rule 72.

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

Control #:

US-00004BG-I

Format:

Instant download

Description

The Motion to Strike form with two points in Arizona is a crucial legal document used to request the removal of specific statements or claims in a legal proceeding. This form allows the party to address potentially prejudicial or irrelevant information presented in court, enhancing the clarity of the case. Key features include sections for detailing the specific points to be struck and the supporting reasons for the request. Users must fill in their personal and case information accurately and attach any necessary documents, such as affidavits or prior judgments. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this form to streamline the legal process and ensure that only pertinent information is considered in proceedings. It is particularly useful in divorce cases involving alimony disputes, where extraneous claims may complicate resolution. By providing clear instructions, the form empowers users, regardless of their legal expertise, to engage effectively in legal discourse.

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FAQ

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.

Only these pleadings are allowed: a complaint; an answer to a complaint; a counterclaim; an answer to a counterclaim designated as a counterclaim; an answer to a crossclaim; a third-party complaint; an answer to a third-party complaint; and, if the court orders one, a reply to an answer.

Rule 26.1 of the Arizona Rules of Civil Procedure requires that the parties to a lawsuit to exchange Initial Disclosure Statements within 30 (thirty) days of the defendant filing an Answer. These disclosure statements are often referred to as “Rule 26.1 Statements” or “Rule 26.1 Disclosures” for short.

Rule 41 - Duties and Obligations of Members (a) Definition. "Unprofessional conduct" means substantial or repeated violations of the oath of Admission to the State Bar or the Lawyer's Creed of Professionalism of the State Bar of Arizona.

¶ 6 Arizona Rule of Criminal Procedure 20(a) provides that on a defendant's motion or its own initiative, a trial court “shall enter a judgment of acquittal” before the verdict “if there is no substantial evidence to warrant a conviction,” and that “the court's decision on a defendant's motion shall not be reserved, ...

Unless made at trial or an evidentiary hearing, a motion to strike may be filed only if it is expressly authorized by statute or other rule, or if it seeks to strike any part of a filing or submission on the ground that it is prohibited, or not authorized, by a specific statute, rule, or court order.

Rule 16.1 - Settlement Conferences (a)Generally. At a party's request or on its own, a court may require the parties to participate in one or more pretrial settlement conferences unless the action is a lower court appeal or is subject to compulsory arbitration under Rule 72.