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 Without Leave To Amend In Collin
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State:
Multi-State
County:
Collin
Control #:
US-00004BG-I
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FAQ
Raise your hand and make the following motion: "I move to amend the motion on the floor." This also requires a second. After the motion to amend is seconded, a majority vote is needed to decide whether the amendment is accepted. Then a vote is taken on the amended motion.
Amend has basically the same meaning in common usage as it does in the legal arena. When a legal document is amended, it is edited, corrected or changed in some way. When a legal document is amended during a legal proceeding, it must be done in ance with court rules and filed with the court.
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.
You will need to go back to the court where your order was issued and file modification forms. There will probably be a new hearing on the issue. You may also want to consult with an attorney to see if filing for a modification is appropriate under the circumstances of your case.
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, ...
Instead of appealing, in some cases, you may be able to request a change (modification) of the court order by filing a Motion to Amend or Motion to Modify.
A motion to dismiss is typically filed by a defendant at the outset of a case. The purpose of this motion is to argue that even if all the allegations in the plaintiff's complaint are true, there is no legal basis for the lawsuit to proceed.
A motion focused on an already-filed report or disclosure is usually framed as a motion to strike, while motions to keep things from trial or from consideration on summary judgment are usually motions in limine or motions to exclude. Follow local practice on how to label the motion.
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.