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Alabama Motion for More Definite Statement

Definite Statement

Name: Alabama Motion for More Definite Statement
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.88 (244 reviews)

Category:

Alabama Civil Procedure - Statewide - Motions

State:

Alabama

Control #:

AL-SAM-15

Format:

Instant download

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Public form

Description

Motion for More Definite Statement, is an official form (sample) from the Alabama Administrative Office of Courts, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Alabama statutes and law.

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FAQ

OPPOSITION: The opposition to the motion is due 21 days before the hearing date. MOTION: A motion must be filed and served at least 31 days before the hearing date.

When the answers respond to the factual assertions of an opponent's prior pleading, for example, by denying them, they are called responsive pleadings.The distinguishing feature of a responsive pleading is that it replies to the merits of the allegations raised by an opposing party.

The most basic response is for the defendant to simply serve an answer. However, the defendant may also make a pre-answer motion, such as a motion to dismiss, a motion for a more definite statement or a motion to strike (FRCP 12(b), (e) and (f)).

The presiding judge will respond either by granting the motion or striking it from the record if it is found to be without legal merit. The motion must contain a point-by-point rebuttal, with each point numbered, and ideally should reference some case law in support of the motion.

Rule 12(b)(6), permitting a motion to dismiss for failure of the complaint to state a claim on which relief can be granted, is substantially the same as the old demurrer for failure of a pleading to state a cause of action.

A party may file a motion for judgment on the pleadings on the basis that no answer has been filed, or that the pleadings disclose that there are no material issues of fact to be resolved and that party is entitled to judgment as a matter of law.

13 (When pleadings deemed denied and put in issue). Under the codes the pleadings are generally limited. A reply is sometimes required to an affirmative defense in the answer.In other jurisdictions no reply is necessary to an affirmative defense in the answer, but a reply may be ordered by the court.

A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.

Effect of a Rule 12 Motion - Absent a court order setting a different time, a Rule 12 motion extends the time to file a responsive pleading until 14 days after the court's denial of the motion or deferral to trial or, if more definite statement ordered, 14 days after service of the more definite statement. FED.

Definite Statement

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FAQ

How many days do you have to oppose a motion in federal court?

Is an answer a responsive pleading?

What is a pre answer motion?

How do you respond to a motion for more definite statement?

What is a 12 b )( 6 motion?

When can you file a motion for judgment on the pleadings?

Do you need to reply to affirmative defenses in federal court?

What is Rule 12 of the Federal Rules of Civil Procedure?

What is a Rule 12 motion?

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