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 From The Record In Orange
Category:
State:
Multi-State
County:
Orange
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
A motion to strike is a legal request made to a court to remove certain parts of the opposing party's pleadings. This can include irrelevant, redundant, or legally insufficient material from a complaint, answer, or other legal documents.
A motion to strike may be brought against complaints, cross-complaints, answers and demurrers. A motion to strike can be brought against an entire pleading, or any part of a pleading.
Motion to strike. n. a request for a judge's order to eliminate all or a portion of the legal pleading (complaint, answer) of the opposition on any one of several grounds. It is often used in an attempt to have an entire cause of action removed ("stricken") from the court record.
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.
During a jury trial, if a motion to strike witness testimony is granted, the jury is typically instructed to disregard the stricken statements.
The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, ...
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.
More info
For example, a motion to preclude asks the court to ban the testimony or evidence from being used in the case. If you or the other side want to ask the court to do something in a case, you must ask in written court papers called a Motion or an Order to Show Cause.This book can help you fill out the right forms to file a Motion or opposition to a Motion. Motion to strike is basically when there's something in the pleading that's false. A statement isn't literally deleted from the record when the judge strikes an answer. 8 steps to file a special civil case. Complete the Special Civil Part complaint (Form A in the Kit). (e) Motions to Strike. A motion to disqualify a judicial officer, called a peremptory challenge (or, as known in the trade, "burning paper"), is available without any basis. Examples of "dispositive motions" are summary judgment motions, demurrers, and motions to strike.