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.
Motion To Strike Answer In Franklin
Category:
State:
Multi-State
County:
Franklin
Control #:
US-00002BG-I
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Word;
PDF;
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FAQ
If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer.
Although most defenses to a complaint must be stated in the answer, a defendant can move to dismiss the complaint before filing an answer. Motions to dismiss typically make one or more of these arguments: The court lacks the authority or jurisdiction to decide the case or to compel a defendant to appear.
The Federal Rules of Civil Procedure (FRCP) distinguish between pleadings and motions. An answer is a type of pleading. A motion to dismiss is a type of motion. Any document that contains the word “motion” in its title is, by definition, not a pleading.
Motion to Strike This asks the court to take something out of the Complaint because it is not understandable, it is repetitive, it isn't legal, or it doesn't matter. This motion can help to limit what the case is about so you do not have to defend that part of the case.
An effective response to a Motion to Dismiss involves a thorough understanding of the legal grounds for the motion, a well-crafted written opposition, possible amendment of the complaint, and readiness for oral argument if required.
The person who brings or files the demurrer or motion can also file a reply before the hearing date, responding to what is in the opposition.
Ruling on a Motion To Dismiss If the court grants the motion, it can dismiss the case either with or without prejudice. If the court grants the motion and dismisses the case “without prejudice," the plaintiff can fix the deficiencies in the complaint and file it again.
A motion to dismiss the entire case puts off any need to file an answer until after the motion is decided. When a motion to dismiss addresses some but not all claims in the complaint, most courts have held that there is no need to answer even on those counts not affected by the motion until the ruling is given.