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 With Motion To Dismiss In Salt Lake
Category:
State:
Multi-State
County:
Salt Lake
Control #:
US-00004BG-I
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Word;
PDF;
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FAQ
To defend against a motion to dismiss for lack of personal jurisdiction, you should be prepared to show the judge that the other party has had “contact” with the state where you have filed the case, s/he was served in the state, or there is some other reason why the court has jurisdiction.
The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
The legal arguments in a motion to dismiss must be extremely persuasive and supported by relevant facts. If the court has any doubts about an individual's entitlement to dismissal, those doubts will be resolved in the plaintiff's favor and the motion will be denied.
A motion to dismiss asks the court to dismiss either whole or part of a complaint, counterclaim, or crossclaim. Motion to strike or "Demurrer": In some jurisdictions, a motion to strike or a "demurrer" is the equivalent to a motion to dismiss for failure to state a claim upon which relief can be granted.
To defend against a motion to dismiss for lack of personal jurisdiction, you should be prepared to show the judge that the other party has had “contact” with the state where you have filed the case, s/he was served in the state, or there is some other reason why the court has jurisdiction.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.
How do I fill this out? Review the form to understand the required sections. Fill in the plaintiff and defendant details accurately. Select the reason for dismissal from the listed options. Ensure the motion is signed by the plaintiff or their attorney. Print the completed forms and bring them to court.
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.
The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
Grounds for filing a motion to dismiss Inadequate service of process: The summons and complaint may not have been appropriately served on the defendant. Statute of limitations: If the statute of limitations for any of the claims in the complaint has expired, a motion to dismiss is appropriate.