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 For More Definite Statement In Bexar
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State:
Multi-State
County:
Bexar
Control #:
US-00004BG-I
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FAQ
The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.
The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, ...
A motion for a more definite statement must be filed before filing a responsive pleading. FRCP 12(e). Therefore, unless ordered otherwise by the court, the motion must be filed within 21 days after being served with a summons and complaint, or within 60 days if service of the complaint was timely waived.
A motion for a more definite statement is a request made by one party to the court asking the other party to clarify their vague or unclear statement in a legal document. This is done when the first party cannot respond properly to the unclear statement.
(1) If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with ...
Rule 12(f) provides in relevant part that on motion or sua sponte, “the court may strike from a pleading . . . any redundant, immaterial, impertinent, or scandalous matter.” If Lexis annotations are a guide, relatively few litigants file Rule 12(f) motions on those grounds—and with good reason.
(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing the party's responsive pleadings.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.
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(a) Civil Cover Sheet. A motion for a more definite statement is designed to provide a party with a remedy when it is served with an unintelligible pleading.(e) Motion for a More Definite Statement. If a pleading is so vague or ambiguous that a party cannot reasonably be required to frame a response he may move for a more definite statement. If there is an official form for a legal procedure, it is usually found on the court or court clerk websites. We link to many in this guide. If the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served. The Instructions for Completing the Orders – currently under the Temporary Ex Parte Order form – apply to all orders, including the MOEP.