This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. 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.
Motion To Strike Form Without Leave To Amend In Arizona
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Multi-State
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US-00004BG-I
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FAQ
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.
In all other circumstances, the plaintiff must seek consent of the court or consent from the defendant to amend the original complaint. Rule 15 provides that the court should allow the plaintiff to amend the complaint when justice requires it.
Rule 68 is intended to encourage settlement and avoid protracted litigation. By accepting the defendant's offer, plaintiff agrees to end the litigation on all claims encompassed by his complaint against the offering defendant.
A party moving for leave to amend a pleading must attach a copy of the proposed amended pleading as an exhibit to the motion. The exhibit must show how the proposed pleading differs from the existing pleading by bracketing or striking through the text to be deleted and underlining the text to be added.
If you have not already filed an amended complaint, and you think you can fix the problems the Defendant identified in the Motion to Dismiss, you may be able to file an Amended Complaint instead of an Opposition.
A party moving for leave to amend a pleading must attach a copy of the proposed amended pleading as an exhibit to the motion. The exhibit must show how the proposed pleading differs from the existing pleading by bracketing or striking through the text to be deleted and underlining the text to be added.
If you file a motion to strike, it must be in a stand-alone pleading that cannot exceed two pages. A response is due within five days, and the response also cannot exceed two-pages. Do not file a reply unless one is ordered. A motion to strike does not extend the deadline to file a responsive pleading.
If the pleading is one to which a responsive pleading is required, an opposing party must answer or otherwise respond to an amended pleading within the time remaining for response to the original pleading or within 10 days after the amended pleading is served, whichever is later, unless the court orders otherwise.
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.
A party may amend its pleading once as a matter of course: (A) no later than 21 days after serving it if the pleading is one to which no responsive pleading is permitted; or (B) no later than 21 days after a responsive pleading is served if the pleading is one to which a responsive pleading is required or, if a motion ...