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 Form For Untimely Filing In Massachusetts
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US-00004BG-I
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Rule 12(b)(6) is a provision under the Federal Rules of Civil Procedure that allows a defendant to seek dismissal of a complaint for failure to state a claim upon which relief can be granted.
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. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.
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.
Summary. Rule 12(f) allows courts to strike redundant, immaterial, impertinent, or scandalous matter from pleadings. Judge Hollander's opinion in Blevins v. Piatt provides clear criteria for granting or denying a Rule 12(f) motion.
Rule 12— Defenses and Objections— When and How Presented— By Pleading or Motion— Motion for Judgment on the Pleadings. (a) When Presented. (1) Unless a different time is prescribed in a statute of the United States, a defendant shall serve an answer.
Summary. Rule 12(f) allows courts to strike redundant, immaterial, impertinent, or scandalous matter from pleadings. Judge Hollander's opinion in Blevins v. Piatt provides clear criteria for granting or denying a Rule 12(f) motion.
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.
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.
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A motion under Rule 12(b)(6), like the traditional demurrer, tests the legal sufficiency of the complaint, counterclaim, or crossclaim. (f) MOTION TO STRIKE.Give us a call or fill in the form below and we'll contact you. We endeavor to answer all inquiries within 24 hours on business days. After the appeal was docketed in the Appeals Court, we transferred the case here on our own motion. Plaintiff's motion to strike the motion to dismiss raises a preliminary matter regarding the procedural posture of this case. 12(b)(6) for failure to state a claim or, in the alternative, for summary judgment. In the BMC, Rule 6(b)(1) provides that discovery motions timely filed must be heard and decided prior to the scheduling of a trial session assignment date. Fill out the Discovery form. A Guide to Resources in the Law Library.