Motion To Strike Form For Motion In Massachusetts

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Multi-State
Control #:
US-00004BG-I
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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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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition

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FAQ

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.

Any party may file a response in opposition to a motion within seven days after service of the motion, but the trial court or Appellate Division in which the motion was filed may shorten or extend the time for responding to any motion.

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.

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.

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.

No attorney shall be permitted to take part in the conduct of a trial in which he has been or intends to be a witness for his client, except by special leave of the court.

Your court may have a specific form that needs to be filed for a motion, and you will usually also submit supporting documents like an affidavit in support of the motion, a memorandum of law (if necessary), and exhibits that would be admissible at a hearing.

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 ...

Rule 56 - Summary Judgment (a)Motions for Summary Judgment. A party may move for summary judgment subsequent to the commencement of any proceeding under these rules except in actions for divorce or in actions for custody or visitation or for criminal contempt.

More info

Instructions and information to assist you in completing this form. Official forms of the United States District Court for the District of Massachusetts.A Practice Note describing issues that counsel should consider when drafting a motion to dismiss under Massachusetts Rule of Civil Procedure 12. You can use this sample Motion to Dismiss form to ask the court to dismiss your eviction case. Courts also have blank motion forms you can use. This Note describes pre-motion requirements, such as the mandatory pre-motion conference under Massachusetts Superior Court Rule 9C. An out-of-state person or entity in the Massachusetts courts. The moving party may also file an opposition to any motion to strike or crossmotion. You can use this sample Motion to Dismiss form to ask the court to dismiss your eviction case. Courts also have blank motion forms you can use.

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Motion To Strike Form For Motion In Massachusetts