Motion To Strike For More Definite Statement In Minnesota
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Rule 63. Disability or Disqualification of Judge; Notice to Remove; Assignment of a Judge.
A motion for judgment on the pleadings is filed after the pleadings have closed, but early enough not to delay trial. FRCP 12(c). Pleadings are “closed” once a complaint and answers by all defendants have been filed.
Rule 69. In aid of the judgment or execution, the judgment creditor, or successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided by these rules.
(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, the party may move for a more definite statement before interposing a responsive pleading.
The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
A motion for a more definite statement must also “point out the defects complained of and the details desired.” FRCP 12(e); Smart Code. A motion for a more definite statement should not be granted unless the pleading is so vague or ambiguous that the opposing party cannot reasonably prepare a response.
A motion for a more definite statement is a request made by one party to the court asking the other party to clarify their vague or unclear statement in a legal document. This is done when the first party cannot respond properly to the unclear statement.
Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time upon its own initiative or on the motion of any party and after such notice, if any, as the court orders.
