Motion To Strike Form Without Demurrer In Maricopa

State:
Multi-State
County:
Maricopa
Control #:
US-00004BG-I
Format:
Word; 
PDF; 
Rich Text
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Description

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.

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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.

More info

IN MARICOPA COUNTY​​ Explain what you want the Court to order. The Judge may grant, deny, or change your request (or "motion").Unlike in California, you cannot file a "demurrer" in Arizona. In AZ you can file a motion to dismiss. I discourage motions to strike, especially if the party can make the point in a responsive pleading. To the party filing a demurrer, motion to strike, or motion for judgment on the pleadings: This form must be filed with the demurrer,. I need help with a Motion to Strike in Maricopa County Superior Court, Arizona on Defendants third motion for summary. All motions are deemed submitted upon memoranda unless the motion, response or reply contains in the caption the words "Oral Argument Requested. No technical forms of pleading or motions are required.

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Motion To Strike Form Without Demurrer In Maricopa