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 Without Demurrer In Texas
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US-00004BG-I
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Rule 93. Certain Pleas To Be Verified (1950) A pleading setting up any of the following matters, unless the truth of such matters appear of record, shall be verified by affidavit. (a) That the suit is not commenced in the proper county.
Rule 92. General Denial (1941) A general denial of matters pleaded by the adverse party which are not required to be denied under oath, shall be sufficient to put the same in issue.
3 Time for Motion and Ruling. A motion to dismiss must be: (a) filed within 60 days after the first pleading containing the challenged cause of action is served on the movant; (b) filed at least 21 days before the motion is heard; and (c) granted or denied within 45 days after the motion is filed.
If a pleading, or a portion of a pleading, offends the Rules, the other party can bring a motion under Rule 25.11 to strike out the pleading. A motion to strike is when one party is asking the judge to remove all or part of the claim.
The fact that Rule 107 precludes the rendition of a default judgment until the officer's return shall have been on file with the clerk for ,at least ten days, assures to the defendant and his attorney ample opportunity to make certain of the date of service, in event the officer fails to note said date on the copy ...
A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.
Rule 76a allows courts to seal files only after a public hearing to address whether any private interest in sealing documents outweighs the public's interest in access to the information, particularly when the information at issue has the potential to impact public health and safety.
A pleading setting up any of the following matters, unless the truth of such matters appear of record, shall be verified by affidavit. 1. That the plaintiff has not legal capacity to sue or that the defendant has not legal capacity to be sued.
A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law.
Rule 91. Special Exceptions (1941) A special exception shall not only point out the particular pleading excepted to, but it shall also point out intelligibly and with particularity the defect, omission, obscurity, duplicity, generality, or other insufficiency in the allegations or the pleading excepted to.