Motion To Strike Form For More Definite Statement In Massachusetts
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Common reasons include needing more time to prepare, scheduling conflicts, waiting for important evidence, or health issues. Courts are more likely to grant a continuance for valid, substantiated reasons. Timing of the Request: Request the continuance as soon as you realize you need it.
(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, he may move for a more definite statement before interposing his responsive pleading.
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.
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...
For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date. “Good cause” means a very good reason for not being able to get ready for your case or go to your hearing on the schedule date.
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, ...
To request a continuance regarding your DALA case, you (the party seeking the continuance or "the moving party") should submit a written request (a "motion") at least seven (7) days before the event. You can send your request by mail, fax, or e-mail.
Common grounds asserted by counsel as a basis for a requested continuance are: Illness of the defendant or important witnesses or defense counsel, conflicting engagements of counsel, lack of time for preparation by counsel or prejudicial publicity or a combination of several of the factors.... 30 Mass.
(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, he may move for a more definite statement before interposing his responsive pleading.
