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 Without Demurrer In Bronx
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State:
Multi-State
County:
Bronx
Control #:
US-00004BG-I
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A motion to strike asks the court to ban a pleading, like an Answer, from being used. See CPLR 3126. A motion for contempt asks the court to fine and/or jail the other side for ignoring the court's order.
CPLR 3024(b) provides that a party may move to strike scandalous or prejudicial matter unnecessarily inserted in a pleading, and 3024(c) states that notice of such a motion "shall be served within twenty days after service of the challenged pleading." Notwithstanding the mandatory language of this section,63 the ...
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 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.
A motion to dismiss asks the court to dismiss either whole or part of a complaint, counterclaim, or crossclaim. Motion to strike or "Demurrer": In some jurisdictions, a motion to strike or a "demurrer" is the equivalent to a motion to dismiss for failure to state a claim upon which relief can be granted.
Steps to File a Motion to Dismiss Review the Complaint Thoroughly. Carefully read the plaintiff's complaint to identify any legal deficiencies. Research Relevant Laws and Precedents. Draft the Motion. Include a Conclusion. File the Motion with the Court.
A motion to strike is a legal request made to a court to remove certain parts of the opposing party's pleadings. This can include irrelevant, redundant, or legally insufficient material from a complaint, answer, or other legal documents.
(c) If a party serves and files a notice of motion to strike without demurring to the complaint, the time to answer is extended and no default may be entered against that defendant, except as provided in Sections 585 and 586.
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Assigned motions must be filed in the County Clerk's Office Room 118 not less than five (5) business days prior to the return date of the motion. A motion to strike asks the court to ban a pleading, like an Answer, from being used.(CRC Rule, 3.1322(b).) A demurrer to an answer must be brought within 10 days after service of the answer.