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 For Discovery In Franklin
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State:
Multi-State
County:
Franklin
Control #:
US-00004BG-I
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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.
The primary purpose of a motion to strike is to clean up the pleadings by eliminating irrelevant, redundant, or legally insufficient parts. This helps in focusing the litigation on the substantive issues, thereby streamlining the legal process.
A “motion to dismiss” is typically filed in response to a complaint and is made in lieu of filing an “answer.” Technically, a plaintiff can move to “strike” a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.
If moving to strike material from a pleading when a responsive pleading is not allowed, the motion to strike must be made within 21 days after being served with the pleading. FRCP 12(f).
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.
C.C.P. § 436 allows for a motion to strike “any irrelevant, false, or improper matter asserted in any pleading” or portion of a pleading “not drawn of filed in conformity with the laws of this state.” A motion to strike is proper “when a substantive defect is clear from the face of a complaint.” (PH II, Inc.
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, ...
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...
A motion is a paper you can file in your case. It asks the court to decide something in your case. For example, if you need more time to answer a complaint against you, you can file a motion to extend the time to answer. If you do not have a case, you cannot file a motion.
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A motion to strike asks the court to ban a pleading, like an Answer, from being used. The court has the power to punish the party for ignoring its order and can even dismiss the case, or strike an Answer.Pursuant to Civil Rule 37, before filing any discovery motions, counsel shall make reasonable efforts to resolve the dispute(s) on their own. Below is a selection of forms for various Franklin County Courts. Call the Franklin County Law Library at for assistance. More specifically, a motion to compel discovery requires a "certification" that the movant has made good faith pre-motion efforts to resolve the dispute. The court may vacate a note of issue where a material fact set forth therein, ie, the representation that discovery is complete, is incorrect. It may be filed only in a Pennsylvania magisterial district court and not in the Philadelphia Municipal Court. Discovery, and file motions;. Motion for an Extension of Time to Perform an Act.