Motion To Strike From The Record In Wake

State:
Multi-State
County:
Wake
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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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition

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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. 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.

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.

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.

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.

Striking Testimony: On some occasions, after a witness has testified, the judge will order certain evidence stricken from the record and will direct the jury to disregard it.

N. a request for a judge's order to eliminate all or a portion of the legal pleading (complaint, answer) of the opposition on any one of several grounds. It is often used in an attempt to have an entire cause of action removed ("stricken") from the court record.

“On the record” means the events and statements are being recorded by the court reporter. “Off the record” means they are not. Practice note: if it's not on the record, it didn't happen. Off the record discussions could be about procedures or such.

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.

Striking Testimony: On some occasions, after a witness has testified, the judge will order certain evidence stricken from the record and will direct the jury to disregard it.

More info

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. (e) Motions to Strike.Find court documents for the following cases of public interest. ECourts Services are now available. The first step in obtaining default judgment is the entry of default. Entry of default is an interlocutory notation in the record made on plaintiff's motion. The motion shall point out the defects complained of and the details desired. This video describes the grounds and general procedures to file a motion to strike a complaint in a Connecticut civil lawsuit. File a motion for entry of default and a proposed order. Among several related filings is a motion to strike (DN 36) filed by.

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Motion To Strike From The Record In Wake