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A party may move to strike any scandalous or prejudicial matter unnecessarily inserted in a pleading. (c) Time limits; pleading after disposition. A notice of motion under this rule shall be served within twenty days after service of the challenged pleading.
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.
The CPLR 3126(3) motion to strike a pleading is premised upon establishing a willful failure to disclose; obviously, a movant's regular and documented efforts to coax compliance must found the motion.
(1988) 202 CA3d 525, 535 (summary judgment motion treated as motion for judgment on pleadings). The main difference between a motion for a judgment on the pleadings and a general demurrer is that a motion for judgment on the pleadings may be made after the time to demur has expired.
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.
The stipulation should contain all the terms of the agreement, including the name of the case, the Index Number and a statement that both parties agree that the Defendant has asked for and been given an extension of time to serve his/her answer or to make a motion concerning the complaint and that the new deadline is ...
Rule 3124. Failure to disclose; motion to compel disclosure. If a person fails to respond to or comply with any request, notice, interrogatory, demand, question or order under this article, except a notice to admit under section 3123, the party seeking disclosure may move to compel compliance or a response.
Surreply (plural surreplies) (law) An additional reply to a motion filed after the motion has already been fully briefed.