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 With Decimals In Los Angeles
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State:
Multi-State
County:
Los Angeles
Control #:
US-00004BG-I
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Los Angeles Superior Court, Local Rules, rule 3.214(a) sets a schedule for the amount of attorney fees recoverable by a prevailing party on a contract.
Motions to strike. A notice of motion to strike a portion of a pleading must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense. Specifications in a notice must be numbered consecutively.
Drafting the Motion Check if the court has blank motion forms. Create your caption. Title your motion. Draft the introductory paragraph to the body of the motion. Request relief. Lay out the applicable facts. Make your legal argument. Insert a signature block.
Evidence at hearing. Evidence received at a law and motion hearing must be by declaration or request for judicial notice without testimony or cross-examination, unless the court orders otherwise for good cause shown.
Rule 3.1332(c) of the California Rules of Court (CRC) allows the court to grant a continuance before or during trial on an affirmative showing of good cause. Each request for continuance must be considered on its own merits.
A motion to strike may be brought against complaints, cross-complaints, answers and demurrers. A motion to strike can be brought against an entire pleading, or any part of a pleading.
(c) Affirmative factual showing required An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte. (Subd (c) amended effective January 1, 2007.)
(c) Plaintiff to serve information package In all general civil cases, the plaintiff must serve a copy of the ADR information package on each defendant together with the complaint.
A motion to strike material from a complaint must be filed before filing an answer. FRCP 12(f). Therefore, unless otherwise ordered by the court, the motion must be filed by the defendant within 21 days after being served with a summons and complaint, or within 60 days if service of the complaint was timely waived.
At the trial stage, a party may wish to make a motion to strike to remove evidence–usually part of a witness's testimony–from the court record, with the jury instructed to disregard the evidence. This is commonly accomplished by raising an objection, which a judge can either sustain or overrule.
