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 Bronx
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State:
Multi-State
County:
Bronx
Control #:
US-00004BG-I
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Word;
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FAQ
After being served with a complaint, a defendant has to decide how to initially respond. There are two options—filing a pre-answer motion or filing an answer: 1.
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.
Where are motions returnable? Motions are returnable to 851 Grand Concourse Bronx, New York 10451 in room 217.
A “motion to dismiss” is typically filed in response to a complaint and is made in lieu of filing an “answer.” Technically, a plaintiff can move to “strike” a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.
A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court.
A party may move to strike any scandalous or prejudicial matter unnecessarily inserted in a pleading. (c) Time limits; pleading after disposition. A notice of motion under this rule shall be served within twenty days after service of the challenged pleading.
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 next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.
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.
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All motions on actions already assigned to a Justice must be filed at least five business days before the return date. Motions for a more definite statement may be made when a pleading is so vague or ambiguous that a party cannot reasonably frame a response.A motion for a more definite statement is designed to provide a party with a remedy when it is served with an unintelligible pleading. 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. (e) Motion for a More Definite Statement. The order must be entered and filed with the Clerk of the Court (CPLR 2220). 2. Intheblanks form authorizing an individual filing agent to efile documents on behalf of a single attorney. (E) Motion for definite statement. A party cannot reasonably be required to frame a responsive pleading, he may move for a more definite statement before interposing his responsive pleading. (E) Motion for definite statement.