Motion To Strike Form Without Demurrer In Maricopa
Description
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FAQ
Motions to continue are not automatically granted. There must be a showing of good cause for the continuance to be granted. Do not assume your motion to continue was granted just because you filed a motion.
Every matter submitted for determination to a judge of the superior court for decision shall be determined and a ruling made not later than sixty days from submission thereof, in ance with Section 21. Article VI of the Arizona Constitution.
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.
There is no set number because there are any number of reasons a continuance could be asked for.
If you file a motion to strike, it must be in a stand-alone pleading that cannot exceed two pages. A response is due within five days, and the response also cannot exceed two-pages. Do not file a reply unless one is ordered. A motion to strike does not extend the deadline to file a responsive pleading.
(c) If a party serves and files a notice of motion to strike without demurring to the complaint, the time to answer is extended and no default may be entered against that defendant, except as provided in Sections 585 and 586.
If you have a court date and you are not able to attend, or if you must provide documents to the court and cannot meet the deadline, you must file a Motion to Continue and a Notice of Hearing. Your request for a continuance and hearing must be filed as far in advance as possible.
In a Nutshell: A judge may deny a Motion to Continue filed by the prosecution, even if it foreseeably means a motion to suppress may be granted, resulting in dismissal of the case.
