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 Without Demurrer In Phoenix
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State:
Multi-State
City:
Phoenix
Control #:
US-00004BG-I
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FAQ
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.
Rule 12(f) provides in relevant part that on motion or sua sponte, “the court may strike from a pleading . . . any redundant, immaterial, impertinent, or scandalous matter.” If Lexis annotations are a guide, relatively few litigants file Rule 12(f) motions on those grounds—and with good reason.
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.
(c) If a party serves and files a notice of motion to strike without demurring to the complaint, the time to answer is extended and no default may be entered against that defendant, except as provided in Sections 585 and 586.
(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.
Rule 26.1 of the Arizona Rules of Civil Procedure requires that the parties to a lawsuit to exchange Initial Disclosure Statements within 30 (thirty) days of the defendant filing an Answer. These disclosure statements are often referred to as “Rule 26.1 Statements” or “Rule 26.1 Disclosures” for short.
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.
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.
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Motion to strike is basically when there's something in the pleading that's false. Unlike in California, you cannot file a "demurrer" in Arizona.In AZ you can file a motion to dismiss. Is a motion to strike, or a special demurrer, the best option to respond to sham denials based on false "lack of information"? Explain what you want the Court to order. The Judge may grant, deny, or change your request (or "motion"). This page gives basic information about a few of these options, such as filing a motion, demurrer, or cross-complaint. The motion must point out the defects complained of and the details desired.