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 California In San Diego
Category:
State:
Multi-State
County:
San Diego
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
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FAQ
Motion to Stay Pending Appeal Select Bankruptcy menu. Select Motions/Applications. Enter the case number using correct format and ensure case name and number match the document you are filing. Select Document event: Stay Pending Appeal. Select the party filer. Browse, verify and attach the document (PDF file).
Motion to Stay Pending Appeal Select Bankruptcy menu. Select Motions/Applications. Enter the case number using correct format and ensure case name and number match the document you are filing. Select Document event: Stay Pending Appeal. Select the party filer. Browse, verify and attach the document (PDF file).
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.
First, the court might deny the stay by issuing an opinion that con- cludes that you are unlikely to succeed on the merits, or even that your position lacks merit altogether. Such a ruling could theoreti- cally become law of the case and bind the merits panel.
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.
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. The other side then gets a chance to file a response before a court date where the judge will make a decision.
Consider getting legal help if you want a stay of execution You need to have legal help to do this. There are no court forms you can fill out so you have to create your request in a specific legal format called pleading paper. You have to research the law to figure out what to put on the papers you file.
A Motion to Strike is similar to a Demurrer, in that it challenges defects in the complaint. However, the two pleadings challenge different types of defects. A Demurrer is used to challenge the legal sufficiency or clarity of the claims.