Motion To Strike In Divorce Case In Broward
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A motion is a legal action that an attorney takes to get an issue into the courtroom and for a judge to rule on it. When you file the petition for divorce, your attorney could request a motion for temporary child support while waiting.
Throughout the entire state of Florida a Motion to Compel is pretty much the same. After the motion is filed the person trying to enforce the disclosure schedules a short hearing and asks the judge to enforce the issue.
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.
If the opposing party fails to cooperate or you suspect foul play, you should file a motion to compel. It upholds proper legal practices and ensures the fairest outcome for your client. However, filing such motions is challenging and requires following a strict legal process.
A motion to compel against a party to the action must be brought in the court in which the action is pending. If the offending party is not a party to the action, the motion must be brought in the circuit court where the deposition is being taken. Fla. R.
Throughout the entire state of Florida a Motion to Compel is pretty much the same. After the motion is filed the person trying to enforce the disclosure schedules a short hearing and asks the judge to enforce the issue.
What is a Motion to Compel? A motion to compel filed in Los Angeles County courts by a Los Angeles family law attorney is a request that the court take action because a party or third party is not cooperating with valid discovery requests.
A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time. (g) Consolidation of Defenses. A party who makes a motion under this rule may join with it the other motions herein provided for and then available to that party.
If a party deems any pleading or part thereof filed by another party to be a sham, that party may move to strike the pleading or part thereof before the cause is set for trial and the court shall hear the motion, taking evidence of the respective parties, and if the motion is sustained, the pleading to which the motion ...
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, ...
