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 Jury Trial In Riverside
Category:
State:
Multi-State
County:
Riverside
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer.
If the two sides cannot reach an agreement, the defendant has to file and serve the demurrer or motion to strike within the deadline (usually 30 days) for responding to the Complaint.
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.
Notice of most types of motions, and the papers that support the motion, must be filed with the court and served on all other parties at least sixteen (16) court days before the scheduled hearing date of the motion.
A motion to strike material from a complaint must be filed before filing an answer. FRCP 12(f). Therefore, unless otherwise ordered by the court, the motion must be filed by the defendant within 21 days after being served with a summons and complaint, or within 60 days if service of the complaint was timely waived.
All opposition papers must be filed and served at least 9 court days before the hearing. CCP § 1005 (b) (amended eff 1/1/23).
What happens next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.
Dress Code Acceptable court attire is business or business casual dress (jeans are allowed). No shorts, tank tops, crop tops or bare feet are permitted. If the judicial officer finds your clothing inappropriate you could be ordered to go home to change or to return to court on another day.
Electronic Filings in Civil Cases (Rule 3118) Pursuant to Code of Civil Procedure section 1010.6, subdivision (d), in all limited and unlimited civil actions, including unlawful detainers, parties represented by counsel must file documents electronically.
A grouping of formal or informal rules or regulations, adopted and implemented at a local level, that govern the practical or procedural affairs of a local court.