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 Untimely Filing In Philadelphia
Category:
State:
Multi-State
County:
Philadelphia
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Hearings will only be continued for a valid reason. To request a continuance, send a letter to Patricia R. McDermott, Deputy Court Administrator, 34 S. 11th Street, 5th Floor, Philadelphia, PA 19107, with a copy to the other parties at least ten days before the hearing date.
(c) A response to a dispositive motion shall be filed within 30 days of service of the motion or, if a supporting party files a memorandum of law alone, within 30 days of service of that memorandum of law. The response to a dispositive motion must be accompanied by a supporting memorandum of law or brief.
Within 10 days of the entry of a final order, a party aggrieved by the order may file a motion for reconsideration. The motion shall identify the specific issues to be reconsidered by the court. The filing of a motion for reconsideration does not toll the 30-day appeal period pursuant to Pa. R.A.P.
Briefs or memoranda of law shall be typewritten, printed or otherwise duplicated, and endorsed with the name of the case, the court term and number, and the name, address, and electronic mail address of the attorney or the party if not represented by an attorney.
What is the deadline to respond? Oppositions normally must be filed with the court within 14 days after the other side served the motion on you. If you received the motion in the mail, you get an additional 3 days from the date it was mailed.
§ 4904. (e) The answer shall be filed not later than 10 days after service of the motion, unless otherwise ordered by the court. All motions, answers, and briefs must conform to the following requirements: (1) The document shall be on 8 1/2 inch by 11 inch paper.
Rule 1037.2 - Judgments by Default-Assessment of Damages (A) In order for the Office of Judicial Records to assess damages pursuant to Pa. R.C.P. 1037(b)(1) upon default for failure to answer, a complaint in an action must pray for specific items and amounts.
If the opposing party does not answer, then you have to file a motion to compel the opposing party to respond. The party must answer your request if the court orders them to. If the party still does not answer, they can be held in contempt of court and/or a default judgment can be issued in your favor.
Grounds for a motion to strike include the following: The pleading is false; that is, untrue. The pleading is filed without the required leave of court. The form of pleading is in violation of a court order. The pleading is filed late. The pleading is barred by the statute of limitations. The pleading must be verified.
(g) If a motion to strike is denied and the pleading is not further amended, the moving party preserves its right to appeal after final judgment without filing a further motion to strike.