Motion To Strike Form Florida In Palm Beach
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FAQ
The Florida Courts E-Filing Portal is a single statewide website where users can file court documents in Florida's trial and appellate courts. E-filing is the electronic filing of documents to the clerk's office.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
You will be served with a summons and complaint, after which you will have only 20 days to take action to contest the foreclosure. Florida's 20-day rule allows you a brief period of time in which you can hire a Jacksonville foreclosure defense attorney to prepare your case and get ready to contest the case in court.
A motion to strike a defense is akin to a motion to dismiss a cause of action for failure to state a claim. This form of motion to strike regards the sufficiency of pleading, as opposed to the merits of the case.
With the exception of motions filed pursuant to rule 9.410(b), a party may serve 1 response to a motion within 15 days of service of the motion. The court may shorten or extend the time for response to a motion.
In addition to caption requirements, the motion must: (1) be in writing; (2) be signed by the party or party attorney making the motion; (3) state the grounds on which it is based; (4) be served on the adverse party; and (5) be alleged specifically and be sworn to by the defendant.
All parental responsibility and time-sharing cases need a Cover Sheet, a Uniform Child Custody Jurisdiction and Enforcement Act Affidavit, and a Child Support Guidelines Worksheet. They also require a parenting plan, but you don't have to use the form the courts provide.
The new law establishes a rebuttable presumption that equal timesharing (50/50 custody) is in the best interest of the child. Unless compelling reasons exist, courts will lean toward equal parenting time.
If you and the other parent have reached an agreement, you should file a Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a) or a Supervised Safety Focused Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(b) which addresses the time-sharing schedule for the child(ren).
(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.
