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 Motion In Oakland
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State:
Multi-State
County:
Oakland
Control #:
US-00004BG-I
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Word;
PDF;
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FAQ
A motion is the written request for the court to do something, such as rule on an issue or schedule a hearing, filed by a party. 8. How do I file a motion? All documents are filed in the Office of the Circuit Clerk.
Steps Check if the court has blank motion forms. Some courts have "check the boxes" or "fill in the blank" motion forms. Create your caption. Title your motion. Draft the introductory paragraph to the body of the motion. Request relief. Lay out the applicable facts. Make your legal argument. Insert a signature block.
(A) Responses to all motions, except those listed in subparagraph 2(A) below, must be filed within 14 days after service of the motion. (B) If filed, a reply brief supporting such motion must be filed within 7 days after service of the response, but at least 3 days before the motion hearing.
The responding party's motion record must contain, on consecutively numbered pages, arranged in the following order: a table of contents. all affidavits and other material to be used by the responding party. portions of transcripts of cross-examinations (if any) written representations OR memorandum of fact and law.
A motion is a paper you can file in your case. It asks the court to decide something in your case. For example, if you need more time to answer a complaint against you, you can file a motion to extend the time to answer. If you do not have a case, you cannot file a motion.
Title your motion and identify yourself in the introduction. Then, say what you want the court to do and state the facts that back up your request. Write your legal argument by stating the rule and explaining how your facts apply to it. Then, add your signature, a Certificate of Service, and a Notice of Hearing.
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...
Motion to Strike This asks the court to take something out of the Complaint because it is not understandable, it is repetitive, it isn't legal, or it doesn't matter. This motion can help to limit what the case is about so you do not have to defend that part of the case.
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.
If the two sides cannot reach an agreement, the defendant has to file and serve the demurrer or motion to strike within the deadline (usually 30 days) for responding to the Complaint. The other side then gets a chance to file a response before a court date where the judge will make a decision.