What is a Rule 12 F motion to strike?

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.

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Motion
Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Motion To Strike For More Definite Statement In Clark

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Clark

Control #:

US-00002BG-I

Format:

Instant download

Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. 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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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.

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.

The main types of pleadings are described below. Complaint. This is the initial pleading filed by the plaintiff (the party bringing the lawsuit). Answer. The defendant (the party being sued) responds to the complaint with an answer. Counterclaim. Cross-Claim. Third-Party Complaint. Amended Pleadings. Reply.

A motion for a more definite statement is designed to provide a party with a remedy when it is served with an unintelligible pleading. See Point of Law (POL); see Smart Code®. When to File. A motion for a more definite statement must be filed before filing a responsive pleading.

(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.

An example of a motion to suppress is where a defendant requests the court to suppress a confession by the defendant to the police that was obtained as a result of a Miranda violation.

A motion for more definite statement in many jurisdictions in the United States, and under United States federal law, is a means of obtaining a more detailed motion from the opposing party in a civil case before interposing a responsive pleading.

Rule 12(b)(6) is a provision under the Federal Rules of Civil Procedure that allows a defendant to seek dismissal of a complaint for failure to state a claim upon which relief can be granted.

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.

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(e) Motion for a More Definite Statement. If a pleading is so vague or ambiguous that a party cannot reasonably be required to frame a response he may move for a more definite statement.A motion for a more definite statement is designed to provide a party with a remedy when it is served with an unintelligible pleading. A motion is an application to the court for a specific court order within the confines of an existing case. (e) Motion for More Definite Statement. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. (e) MOTION FOR A MORE DEFINITE STATEMENT. (e) Motion for more definite statement. The party may move for a more definite statement before interposing a responsive pleading. Otherwise, the defendant risks missing a filing deadline for serving its answer.

Motion To Strike For More Definite Statement In Clark

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