Motion To Strike Form With Prejudice In Cuyahoga

State:
Multi-State
County:
Cuyahoga
Control #:
US-00004BG-I
Format:
Word; 
PDF; 
Rich Text
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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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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition

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FAQ

Follow Federal Rules of Civil Procedure Rule 45(b). Pursuant to Rule 45(d)(2)(B), the party has 14 days to respond after service of the subpoena, or the party must respond before the time specified for compliance in the subpoena if it is less than 14 days.

Rule 12(f) provides in relevant part that on motion or sua sponte, “the court may strike from a pleading . . . any redundant, immaterial, impertinent, or scandalous matter.” If Lexis annotations are a guide, relatively few litigants file Rule 12(f) motions on those grounds—and with good reason.

CONFIDENTIAL DISCLOSURE OF PERSONAL IDENTIFIERS Pursuant to Rule 45(D) of the Rules of Superintendence for the Courts of Ohio, it is the responsibility of the filing party to omit or redact personal identifiers from case documents.

Rule 45 allows discovery to be obtained from nonparties in a manner that closely parallels Rule 34 discovery of parties. Civ. R. 45(A) and 45(D)(2) clarify that a party may use subpoenas to obtain electronically stored information from nonparties.

Civil Rule 45 (D) Duties in responding to subpoena. A person producing documents pursuant to a subpoena for them shall permit their inspection and copying by all parties present at the time and place set in the subpoena for inspection and copying.

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.

Rule 26 - General Provisions Governing Discovery (A)Policy; discovery methods It is the policy of these rules (1) to preserve the right of attorneys to prepare cases for trial with that degree of privacy necessary to encourage them to prepare their cases thoroughly and to investigate not only the favorable but the ...

Civil Rule 45 (D) Duties in responding to subpoena. A person producing documents pursuant to a subpoena for them shall permit their inspection and copying by all parties present at the time and place set in the subpoena for inspection and copying.

The motion shall be made within a reasonable time, and for reasons (1), (2) and (3) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this subdivision (B) does not affect the finality of a judgment or suspend its operation.

Rule 60(b) of the Federal Rules of Civil Procedure authorizes a court to relieve a party from a final judgment, order, or proceeding for various reasons, including “mistake, inadvertence, surprise, or excusable neglect.” Fed. R. Civ.

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Motion To Strike Form With Prejudice In Cuyahoga