Motion To Strike Form For Deposition In Clark
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FAQ
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.
Motion to Strike This asks the court to take something out of the Complaint because it is not understandable, it is repetitive, it isn't legal, or it doesn't matter. This motion can help to limit what the case is about so you do not have to defend that part of the case.
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.
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.
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, ...
Attorneys, however, often use “motion to strike” as shorthand for “I am marking the transcript and preserving my objection, and intend to move the court after this deposition that your answer continues not to respond to the questions I am asking.” See Court Opinions.
The Civil Court has monetary jurisdiction up to $50,000.00, including replevin when the value of the chattel does not exceed that amount. It has jurisdiction of real property actions, such as partitions, and foreclosures, within the monetary limit.
The monetary threshold for cases in Kings County Commercial Division has been raised from $50,000.00 to $75,000.00. Any party requesting a preliminary conference must annex a copy of the pleadings to the RJI when the request is filed with the Court.
Rule 6. Form of Papers. (a) All papers submitted to the Commercial Division shall not be inconsistent with CPLR 2101 and section 202.5(a) of this Part. Papers shall be double-spaced and contain print no smaller than 12 point, or 8½ × 11 inch paper, bearing margins no smaller than one inch.
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.
