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 With Two Points In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
PRACTICE TIP: Courts consider striking a party's pleading to be an extreme measure, and motions to strike are viewed with disfavor and infrequently granted. POL. Many courts consider filing this motion as a dilatory tactic.
A “motion to dismiss” is typically filed in response to a complaint and is made in lieu of filing an “answer.” Technically, a plaintiff can move to “strike” a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.
C.C.P. § 436 allows for a motion to strike “any irrelevant, false, or improper matter asserted in any pleading” or portion of a pleading “not drawn of filed in conformity with the laws of this state.” A motion to strike is proper “when a substantive defect is clear from the face of a complaint.” (PH II, Inc.
(f) Motion to Strike. A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time.
A motion to strike a defense under Rule 1.140(b) must be brought within 20 days after service of the pleading.
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.
A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time. (g) Consolidation of Defenses. A party who makes a motion under this rule may join with it the other motions herein provided for and then available to that party.
During a jury trial, if a motion to strike witness testimony is granted, the jury is typically instructed to disregard the stricken statements.
Primary tabs. 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.
More info
SECTION 4 - MOTION PRACTICE. Form of Motions, Responses, and Replies.Shall file a motion in the lower tribunal, which shall have continuing jurisdiction, in its discretion, to grant, modify, or deny such relief. The Office of the State Attorney offers a variety of pre-arrest and post-arrest diversion programs that address first-time offenders' charges. (f) Motion to Strike. A sample motion to strike under Florida Rule of Civil Procedure 1.140 or 1.150 for use in civil litigation in Florida circuit courts. An addon agenda kit is typically delivered the Friday prior to BCC meetings with any new items that have been added up to this point. Attend all court sessions. The union strike, including at PortMiami and Port Everglades, began after negotiations on a new sixyear contract stalled. The motion must point out the defects complained of and the details desired.