Motion To Strike Form For More Definite Statement In Virginia

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

The Motion to Strike Form for More Definite Statement in Virginia is a legal document that allows a party to request the court to compel the opposing party to provide a clearer explanation of their claims or defenses. This form is especially useful in cases where a party feels that the opponent's pleadings are vague or ambiguous, making it difficult to respond appropriately. Key features of the form include sections for identifying the parties involved, outlining the reasons for the motion, and specifying the deficiencies in the opposing party's statements. When filling out the form, users should ensure they include detailed information regarding the ambiguity and the specific requests for clarification. This form is suitable for attorneys, partners, owners, associates, paralegals, and legal assistants who represent clients in litigation, providing a standardized approach to seek clarity in court documents. Proper use of this form can enhance the efficacy of legal arguments and streamline the litigation process by ensuring that all parties have a clear understanding of the claims being made.
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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, ...

A motion for a more definite statement must be filed before filing a responsive pleading. FRCP 12(e). Therefore, unless ordered otherwise by the court, the motion must be filed within 21 days after being served with a summons and complaint, or within 60 days if service of the complaint was timely waived.

Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...

If you are unable to appear on the court date, you may file a request for a continuance, in writing, no less than two business days prior to the court date. Such written request will be placed with the case documents; and on the court date, the Judge will consider your request.

Motion to strike evidence. When a defendant moves the court to strike out all of the evidence, upon any grounds, and such motion is overruled by the court, such defendant shall not thereafter be precluded from introducing evidence in his behalf.

Begin with a formal salutation, such as "Dear Judge Last Name," and introduce yourself and your case. Clearly state your reasons for requesting a continuance and provide supporting evidence. Conclude your letter by expressing your gratitude and willingness to cooperate with the court's decision.

A request for a continuance must be made in person on your court date before the judge. If you are unable to appear on the court date, you may file a request for a continuance, in writing, no less than two business days prior to the court date.

(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing the party's responsive pleadings.

A judge can agree to hear a motion to reconsider and set it on their docket, usually an indication that they intend to reduce an individual's sentence.

Generally a Motion for Reconsideration is filed under three grounds: The availability of new evidence not previously available; An intervening change in controlling law; or. The need to correct a clear error of law or to prevent manifest injustice.

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Motion To Strike Form For More Definite Statement In Virginia