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 With Prejudice In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-00004BG-I
Format:
Word;
PDF;
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FAQ
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.
In general, an action taken with prejudice is final. For example, dismissal with prejudice forbids a party to refile the case and might occur because of misconduct on the part of the party that filed the claim or criminal complaint or as the result of an out-of-court agreement or settlement.
With prejudice means that you can't file a new civil case against this defendant about the same issues you put in the Complaint you filed. The dismissal is final. The case is over and done with.
A case is dismissed with prejudice when the defect cannot be remedied because, for example, the claim has no basis in law, and it is permanently dismissed. (That does not mean that you can't bring an appeal to challenge the trial judge's decision.)
When a court dismisses an action, they can either do so “with prejudice” or “without prejudice.” Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court.
Although most defenses to a complaint must be stated in the answer, a defendant can move to dismiss the complaint before filing an answer. Motions to dismiss typically make one or more of these arguments: The court lacks the authority or jurisdiction to decide the case or to compel a defendant to appear.
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.
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.
