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 For Untimely Filing In Phoenix
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State:
Multi-State
City:
Phoenix
Control #:
US-00004BG-I
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Word;
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A “motion to dismiss” is typically filed in response to a complaint and is made in lieu of filing an “answer.” Technically, a plaintiff can move to “strike” a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.
After being served with a complaint, a defendant has to decide how to initially respond. There are two options—filing a pre-answer motion or filing an answer: 1.
Rule 72 - Suitability for Arbitration (a) Decision to Require Compulsory Arbitration. Rules 72 through 77 apply if the superior court in a county, by a majority vote of the judges in that county, decides to require arbitration of certain claims and establishes jurisdictional limits by local rule under A.R.S. § 12-133.
Unless made at trial or an evidentiary hearing, a motion to strike may be filed only if it is expressly authorized by statute or other rule, or if it seeks to strike any part of a filing or submission on the ground that it is prohibited, or not authorized, by a specific statute, rule, or court order.
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.
A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court.
(c) Timing. A party desiring reconsideration of a decision must file a motion for reconsideration in the appellate court within 15 days after the appellate court enters its decision. A party may amend a motion for reconsideration only with the appellate court's permission.
As with all motions, a motion to strike must state with particularity the grounds for seeking the order to strike, as well as the relief sought. FRCP 7(b); Smart Code®. Under FRCP 12(f), the court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.
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A motion to strike can be seeking for the court to strike any number of different things. If the court denies a request to accept an untimely brief, it will strike the filed brief.The removing party must file and identify the following separate attachments to the Notice of Removal: (1). Phoenix, Arizona 85012-2487. The motion must point out the defects complained of and the details desired. Motion to strike is basically when there's something in the pleading that's false. Plaintiffs did not file their opposition until January 24, 2003, 16 days later, thus exceeding the filing deadline. In two recent orders in this case, the. The Court of Appeals will dismiss the appeal as untimely if the Notice of Appeal is not timely filed. (4)Proposed Pleading as an Exhibit.