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 For Untimely Filing In Travis
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State:
Multi-State
County:
Travis
Control #:
US-00004BG-I
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Word;
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FAQ
Summary. Rule 12(f) allows courts to strike redundant, immaterial, impertinent, or scandalous matter from pleadings. Judge Hollander's opinion in Blevins v. Piatt provides clear criteria for granting or denying a Rule 12(f) motion.
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.
You can E-File using this link: eFileTexas | Official E-Filing System for Texas, mail to Travis County District Clerk, PO Box 679003, Austin, TX 78767 or hand deliver documents to us by appointment only. Call (512) 854-9457 or send an email to District.eFile@traviscountytx for any questions.
Grounds for a motion to strike include the following: The pleading is false; that is, untrue. The pleading is filed without the required leave of court. The form of pleading is in violation of a court order. The pleading is filed late. The pleading is barred by the statute of limitations. The pleading must be verified.
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.
If moving to strike material from a pleading when a responsive pleading is not allowed, the motion to strike must be made within 21 days after being served with the pleading. FRCP 12(f).
A. Any certified or duly recognized bargaining representative may declare a strike in cases of bargaining deadlock and unfair labor practice. Likewise, the employer may declare a lockout in the same cases.
Courts often read Rule 23 and Rule 12(f) together to conclude that the Federal Rules of Civil Procedure authorize early motions to strike class allegations. Rule 23(a) lays out the requirements for a plaintiff to certify a class: numerosity, adequacy, typicality, and commonality.
Under Texas Rule of Civil Procedure 60, “any party may intervene by filing a pleading subject to being stricken out by the court for sufficient cause on the motion of any party.” Thus, in this Court, there is a right to intervention, and Intervenors must remain in the case unless “sufficient cause” is shown.
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.