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 Pima
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State:
Multi-State
County:
Pima
Control #:
US-00004BG-I
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Generally, your Summons and Complaint must be served within 90 days after you file the Complaint. (ARCP 4(i)) If you fail to serve the Defendants within 90 days, your Complaint will be dismissed.
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.
(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.
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.
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.
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.
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.
Unless made at trial, a motion to strike may be filed only if it is authorized by statute or rule, such as Federal Rules of Civil Procedure 12(f), 26(g)(2) or 37(b)(2)(A)(iii), 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 statute, rule, or ...
Rule 52(a) directs that “findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous.”1 A judgment as to whether Rule 52(a) applies often controls any ultimate decision to affirm, reverse, mod- ify, or otherwise direct a consequence for the district court's holding ...
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(A) Motion to Set and Certificate of Readiness. Online legal forms are useful for frequent, basic, and necessary tasks.The removing party must file and identify the following separate attachments to the Notice of Removal: (1). To set a case for trial, a Motion to Set and. I. GENERAL ADMINISTRATION. Rule. 1. Pima County has self-help forms and packets that go into great detail on how to fill out the forms. You may make schedule changes through the "Register for classes" link in MyPima. The motion must point out the defects complained of and the details desired. A proposed form of Order in accordance with Rule 5(i), A.R.C.P., shall accompany all civil motions, oppositions and stipulations (except Motions for Summary. The allegations in a law suit filed and voluntarily dismissed years prior to the current events involved herein are immaterial to this litigation.