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 For Untimely Filing In Maricopa
Category:
State:
Multi-State
County:
Maricopa
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Rule 26.1 of the Arizona Rules of Civil Procedure requires that the parties to a lawsuit to exchange Initial Disclosure Statements within 30 (thirty) days of the defendant filing an Answer. These disclosure statements are often referred to as “Rule 26.1 Statements” or “Rule 26.1 Disclosures” for short.
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.
Only these pleadings are allowed: a complaint; an answer to a complaint; a counterclaim; an answer to a counterclaim designated as a counterclaim; an answer to a crossclaim; a third-party complaint; an answer to a third-party complaint; and, if the court orders one, a reply to an answer.
(a) At any time, the Superior Court may order oral argument upon its own initiative or the motion of a party. (b) If a party wishes oral argument, the request must be made in the caption of a memorandum at the time a memorandum is filed.
(c) Timing. A party desiring reconsideration of a decision must file a motion for reconsideration in the appellate court within 15 days after the appellate court enters its decision. A party may amend a motion for reconsideration only with the appellate court's permission.
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.
Unless made at trial or an evidentiary hearing, a motion to strike may be filed only if it is expressly authorized by statute or other rule, or if it seeks to strike any part of a filing or submission on the ground that it is prohibited, or not authorized, by a specific statute, rule, or court order.
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.
More info
MOTIONS TO STRIKE: I discourage motions to strike, especially if the party can make the point in a responsive pleading. The motion must point out the defects complained of and the details desired.Each side has 10 days to file a Notice to Strike Arbitrator document requesting a different arbitrator. The removing party must file and identify the following separate attachments to the Notice of Removal: (1). A party may amend its pleading only with leave of court or with the written consent of all opposing parties who have appeared in the action. Part III: Presenting claims and defenses in a lawsuit; filing documents with the court; signatures. 2. Response to Peoria's Motion to Dismiss at 6. The motion to strike is denied because the CMS reply was not untimely filed. You can file the motion in a letter format. The choices are mutually exclusive.