Motion To Strike Example In Ohio

State:
Multi-State
Control #:
US-00002BG-I
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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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FAQ

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.

The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading.

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.

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.

The motion to strike is the proper tool for deleting objectionable mat- ter from a pleading - matter which is objectionable because it is in- flammatory, repetitious or obscene, or because it fails to allege facts, but rather, sets forth conclusions of law or evidentiary matter.

Motion to Strike Example Plaintiff supermarket alleges it has a contract with its subtenant (say, a bank or a coffee shop), the landlord knew of the contract and induced the subtenant to breach its sublease with plaintiff to take open retail space owned by the landlord in the same shopping center as the supermarket.

Except for motions made during a hearing or during trial, motions are required to be in writing. They must also be filed in court and served on the opposing party's attorney (or the party if not represented by counsel). If the motion is contested, the opposing attorneys will also file papers opposing the motion.

More info

Ohio Rules of Civil Procedures 12(B)(F) striking any "insufficient defense". Relator gro se, moves this Court for an order striking "Counsel" motion to dismiss.WHEREFORE, Relator respectfully requests that this Honorable Court strike Respondent's. Motion to strike is basically when there's something in the pleading that's false. A motion making any of these defenses shall be made before pleading if a further pleading is permitted. Defendant concurs with the grounds for striking the language set forth in the memorandum in support of the Dottore Motion to Strike. Argument. Before. The Public Utilities Commission of Ohio. In the Matter of the Application of Duke ). To the extent Plaintiff's Motion can be construed as a motion to strike these two defenses, that motion or request is denied. If a party does not include in the motion a defense or objection that could have been made under Rule 12.

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Motion To Strike Example In Ohio