Motion To Strike From The Record In Bronx

State:
Multi-State
County:
Bronx
Control #:
US-00004BG-I
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PDF; 
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Description

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.

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FAQ

In order to make a motion in the Court of Claims, you must prepare a set of "motion papers," serve a copy of the motion papers on the opposing party or the opposing party's attorney, and submit the original and two copies of the motion papers to the Clerk of the Court, with an Affidavit of Service (a sworn statement ...

Where are motions returnable? Motions are returnable to 851 Grand Concourse Bronx, New York 10451 in room 217.

A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.

The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court. NYSCEF wants to know the court date and has a calendar button to find the court date you picked.

If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.

Returnable to Assigned Judge All motions must be made returnable to the judge assigned to the case and all papers related to the motion must be filed on or before the return date.

A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.

Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at AM.

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, ...

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.

More info

All motions on actions already assigned to a Justice must be filed at least five business days before the return date. This pamphlet describes how to prepare, serve and submit a motion in the.Supreme Court, Bronx County. Under the "16-7-1" briefing schedule, the moving party must serve the notice of motion and motion papers at least 16 days before the return date of the motion. It means the person filing the motion asserts that the item to be stricken from the clerk's file is somehow improper. It means the person filing the motion asserts that the item to be stricken from the clerk's file is somehow improper. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on January 3, 2008. Bronx County Criminal Court upheld the COC and denied the motion to dismiss. The transcript will be produced promptly.

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Motion To Strike From The Record In Bronx