Motion To Strike In Divorce Case In Montgomery
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While either party in a divorce can file a motion for a temporary order, when these motions have been filed, the court will set a hearing date for the motion. During the hearing, a judge will typically ask questions of both parties and, ultimately, issue a ruling regarding the motion.
In order to reopen the case a motion would have to be filed in the state where the divorce case was created and the divorce was granted in. You would need an attorney who is licensed to practice in that state to file the motion on your behalf.
A motion is a legal action that an attorney takes to get an issue into the courtroom and for a judge to rule on it. When you file the petition for divorce, your attorney could request a motion for temporary child support while waiting.
The general rule is that you have approximately 1 year from the entry of Judgment of Divorce to re-open the divorce. However, there can be exceptions, such as fraud. If you can affirmatively prove that your husband committed fraud, you may be able to re-open your divorce.
Motion to Reopen Select Bankruptcy menu. Select Motions/Applications . Enter the case number using correct format and ensure case name and number match the document you are filing. Select Document event: Reopen. Select the party filer. Browse, verify and attach the document (PDF file). Modify text if applicable.
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.
Oral motion - You can make a motion verbally (orally) while in court. This can be at the initial appearance, at a status appearance, or during a hearing. Usually, you can use an oral motion when the request is not complicated, or if it is an urgent request that you are hoping the judge will grant that day.
In order to reopen the case a motion would have to be filed in the state where the divorce case was created and the divorce was granted in. You would need an attorney who is licensed to practice in that state to file the motion on your behalf.
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.
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.
