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 With Prejudice In Queens
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State:
Multi-State
County:
Queens
Control #:
US-00002BG-I
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Word;
PDF;
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FAQ
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
“With prejudice” means that you cannot re-file your case ever. “Without prejudice” means that you can re-file your case at a later date (as long as you are still within the statute of limitations).
Grounds for filing a motion to dismiss Inadequate service of process: The summons and complaint may not have been appropriately served on the defendant. Statute of limitations: If the statute of limitations for any of the claims in the complaint has expired, a motion to dismiss is appropriate.
``dismissed with prejudice'' means that the case is dismissed, but it is dismissed because of a judgement (thus pre-judged), ie, that even if the case were brought up again, the judge has determined that a not-guilty verdict would be the only outcome, so the defendant cannot be retried.
Common grounds for a motion to dismiss in New York include: – Lack of subject matter jurisdiction: The court does not have the authority to hear the case. – Lack of personal jurisdiction: The court does not have power over the defendant.
Understand Judicial Attention Spans: Be Certain Your Brief and Arguments Tell the Story. Employ Innocence by Association. Avoid “Red Flag” Clues for the Judicial Reader. Avoid Ad Hominem Attacks and Language. Argue to Win. Never Squander Credibility.
Other motions to dismiss ask for dismissal with prejudice. This means that the case can't be started again. For example, if the case is legally time barred by the statute of limitations or the plaintiff or petitioner does not have the right to start the case.
At or after the hearing, the judge will make a decision on your motion. The judge might write an order on your motion herself. Or she might direct one of the parties to prepare the order for her signature.
An example would be if a judge determines a lawsuit as insignificant or the issue has been resolved. There are several reasons why a case can be dismissed with prejudice. In some cases, if the court finds the evidence presented does not support the claims, they may dismiss the case.
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Other motions to dismiss ask for dismissal with prejudice. This means that the case can't be started again.Failure to notice a motion in compliance with the designated day, time, location and Part number above may result in the motion being denied without prejudice. Other courts have concluded that a motion to strike may be granted with prejudice. This forms asks the court to dismiss the case. The form says "with prejudice" or "without prejudice. The determination of a motion pursuant to CPLR 3217(b) for leave to discontinue an action without prejudice is within the sound discretion of the court. Defendants' motion seeking to strike plaintiff's complaint is denied. Dismissals under Rule 41(a)(2) are without prejudice unless otherwise stated. The NYAG's motion also does not attempt to articulate any prejudice, which is its burden to prove.