Motion To Strike For More Definite Statement In Houston
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A motion for a more definite statement is designed to provide a party with a remedy when it is served with an unintelligible pleading. See Point of Law (POL); see Smart Code®. A motion for a more definite statement must be filed before filing a responsive pleading. FRCP 12(e).
The two-dismissal rule means that if a person decides to dismiss their case voluntarily, it will count as a final decision and cannot be brought up again in court if they have already dismissed the same claim in another court.
Rule 91a - Dismissal of Baseless Causes of Action 91a. 1 Motion and Grounds. Except in a case brought under the Family Code or a case governed by Chapter 14 of the Texas Civil Practice and Remedies Code, a party may move to dismiss a cause of action on the grounds that it has no basis in law or fact.
(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading.
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 91. Special Exceptions (1941) A special exception shall not only point out the particular pleading excepted to, but it shall also point out intelligibly and with particularity the defect, omission, obscurity, duplicity, generality, or other insufficiency in the allegations or the pleading excepted to.
The Basics Rule 91a of the Texas Rules of Civil Procedure allows a party to seek dismissal of a groundless cause of action. Tex. R. Civ.
Rule 194.2. Initial Disclosures (2021) (a) Time for Initial Disclosures. A party must make the initial disclosures within 30 days after the filing of the first answer or general appearance unless a different time is set by the parties' agreement or court order.
A motion for a more definite statement is a request made by one party to the court asking the other party to clarify their vague or unclear statement in a legal document. This is done when the first party cannot respond properly to the unclear statement.
The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.
