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 More Definite Statement In King
Category:
State:
Multi-State
County:
King
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
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.
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, ...
Before a case is called for trial, additional parties necessary or proper parties to the suit, may be brought in, either by the plaintiff or the defendant, upon such terms as the court may prescribe; but not at a time nor in a manner to unreasonably delay the trial of the case.
A motion for a more definite statement must be filed before filing a responsive pleading. FRCP 12(e). Therefore, unless ordered otherwise by the court, the motion must be filed within 21 days after being served with a summons and complaint, or within 60 days if service of the complaint was timely waived.
(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 the party's responsive pleadings.
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.
Summary. Rule 12(f) allows courts to strike redundant, immaterial, impertinent, or scandalous matter from pleadings. Judge Hollander's opinion in Blevins v. Piatt provides clear criteria for granting or denying a Rule 12(f) motion.
(1) If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with ...
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.
More info
(e) Motion for a More Definite Statement. A motion is an application to the court for a specific court order within the confines of an existing case.A motion for a more definite statement is designed to provide a party with a remedy when it is served with an unintelligible pleading. (e) MOTION FOR A MORE DEFINITE STATEMENT. This rule applies to all Civil Term Parts of the Court. Motions, orders, and other filed papers shall be indexed with protruding tabs. If the court grants a motion for a more definite statement, the responsive pleading shall be served within 20 days after service of the more definite statement. Since there is no responsive pleading permitted or required to a reply, a motion for more definite statement in the reply will not lie under T.C. Rule 51. We do not discuss other possible preliminary motions, such as a motion for more definite statement or a motion to strike. It will be convenient here to consider, outoforder, motions for more definite statement under Rule 12(e).