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 More Definite Statement In Palm Beach
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Multi-State
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Palm Beach
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US-00004BG-I
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(e) Motion for a More Definite Statement. A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response.
If a party deems any pleading or part thereof filed by another party to be a sham, that party may move to strike the pleading or part thereof before the cause is set for trial and the court shall hear the motion, taking evidence of the respective parties, and if the motion is sustained, the pleading to which the motion ...
(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.
A motion for a more definite statement must be filed before filing a responsive pleading. FRCP 12(e). Therefore, unless ordered otherwise by the court, the motion must be filed within 21 days after being served with a summons and complaint, or within 60 days if service of the complaint was timely waived.
A motion to dismiss asks the court to dismiss either whole or part of a complaint, counterclaim, or crossclaim. Motion to strike or "Demurrer": In some jurisdictions, a motion to strike or a "demurrer" is the equivalent to a motion to dismiss for failure to state a claim upon which relief can be granted.
C.C.P. § 436 allows for a motion to strike “any irrelevant, false, or improper matter asserted in any pleading” or portion of a pleading “not drawn of filed in conformity with the laws of this state.” A motion to strike is proper “when a substantive defect is clear from the face of a complaint.” (PH II, Inc.
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, ...
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, that party may move for a more definite statement before interposing a responsive pleading.
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(e) Motion for More Definite Statement. FL MOTION TO DISMISS, TO STRIKE, OR IN THE ALTERNATIVE, FOR MORE DEFINITE STATEMENT AND COURT ORDERED MEDIATION - Free download as Word Doc (.A sample motion to strike under Florida Rule of Civil Procedure 1.140 or 1.150 for use in civil litigation in Florida circuit courts. Plaintiff argues that Prescient should be required to give a more definite statement outlining all the specific instances to which they are referring to in the. (3) The movant shall respond to any additional facts asserted in the opponent's Statement of. For a more definite statement, the court may strike the defenses.14. Notably, a motion for more definite statement under Rule 1.140(e),. A sample motion to strike under Florida Rule of Civil Procedure 1.140 or 1.150 for use in civil litigation in Florida circuit courts. Scope of Rules, One Form of Action, Commencement of. (e) Motions to Strike.