Motion To Strike Form For Discovery In Tarrant

State:
Multi-State
County:
Tarrant
Control #:
US-00004BG-I
Format:
Word; 
PDF; 
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Description

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.

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FAQ

The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, ...

The court shall grant the motion to strike unless a defendant produces sufficient evidence to raise a genuine issue of fact regarding the designated person's responsibility for the claimant's injury or damage.

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 Motion for Discovery may be filed with the Court via E-File, Email, in person, or by US Mail. A Motion for Discovery must be in writing, with a signature, and be served on the other party in ance with the T.R.C.P 501.4.

A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court.

A “motion to dismiss” is typically filed in response to a complaint and is made in lieu of filing an “answer.” Technically, a plaintiff can move to “strike” a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.

A case may be dismissed for want of prosecution on failure of any party seeking affirmative relief or his attorney to appear for any hearing or trial of which the party or attorney had notice, or on failure of the party or his attorney to request a hearing or take other action specified by the court within fifteen days ...

Simply put, dismissal for want of prosecution in a Texas divorce means the court noticed there had not been any activity on the case. Issuing a dismissal for want of prosecution, or DWOP, is the court's way of trying to clear out old cases that have been idle for months.

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.

More info

(1) the court may order discovery materials to be filed;. Form §46.120 from this resource contains a template for a Motion for Pretrial Discovery.Judgments may properly file the motion before the expiration of the discovery period. 192 The ability to file a no-evidence motion for summary judgment. Step 3: Take completed forms to the Tarrant County Family Law Center – 200 E. Weatherford St., Fort Worth, Texas 76196. Be set out or described in the motion to be considered. Form of pleadings, motions, and other papers. 1. Format. The party filing the discovery motion must also submit a proposed Order. When a party requests documents or answers to questions from the opposing party in a lawsuit, you must do so in the form of a Motion for Discovery. A motion to strike is not really the appropriate motion in a discovery matter; rather, it should be a motion for protective order from having to respond.

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Motion To Strike Form For Discovery In Tarrant