Motion To Strike Form For Discovery In Phoenix

State:
Multi-State
City:
Phoenix
Control #:
US-00004BG-I
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

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.

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FAQ

(a) At any time, the Superior Court may order oral argument upon its own initiative or the motion of a party. (b) If a party wishes oral argument, the request must be made in the caption of a memorandum at the time a memorandum is filed.

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.

Only these pleadings are allowed: a complaint; an answer to a complaint; a counterclaim; an answer to a counterclaim designated as a counterclaim; an answer to a crossclaim; a third-party complaint; an answer to a third-party complaint; and, if the court orders one, a reply to an answer.

Under Rule 12(f), a part of a pleading can be removed if it is redundant, immaterial, impertinent, or scandalous. The motion can be made by a party within an allotted time frame, or can be raised by the court, called sua sponte.

Motions to continue are not automatically granted. There must be a showing of good cause for the continuance to be granted. Do not assume your motion to continue was granted just because you filed a motion.

If you file a motion to strike, it must be in a stand-alone pleading that cannot exceed two pages. A response is due within five days, and the response also cannot exceed two-pages. Do not file a reply unless one is ordered. A motion to strike does not extend the deadline to file a responsive pleading.

Every matter submitted for determination to a judge of the superior court for decision shall be determined and a ruling made not later than sixty days from submission thereof, in ance with Section 21. Article VI of the Arizona Constitution.

7. Only these pleadings are allowed: a complaint; an answer to a complaint; a counterclaim; an answer to a counterclaim designated as a counterclaim; an answer to a crossclaim; a third-party complaint; an answer to a third-party complaint; and, if the court orders one, a reply to an answer.

The deadline to file a Motion for Reconsideration will be a certain period of time after the judge has issued the order that you would like to have reconsidered or after you are served with the order, often between 14 and 30 days. You may want to speak with a lawyer in your state about the time line to file a motion.

More info

The removing party must file and identify the following separate attachments to the Notice of Removal: (1). Here you will find forms for every case type.Forms for filing a case, answering a summons, entering a plea, even asking for a continuance or for an appeal. This is an informational handbook. This handbook is a guide for self-represented litigants. New Rule 26.2 divides all civil cases into three "tiers" and prescribes presumptive discovery limits and time frames for completion of discovery for each tier. In most situations, federal and state rules of procedure set out that timing in detail. Court Forms and Instructions. Completing the Forms. View on Westlaw or start a FREE TRIAL today, Rule 26(b) Form 10.

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Motion To Strike Form For Discovery In Phoenix