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 Strike Sample With Replacement In San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-00002BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Title your motion and identify yourself in the introduction. Then, say what you want the court to do and state the facts that back up your request. Write your legal argument by stating the rule and explaining how your facts apply to it. Then, add your signature, a Certificate of Service, and a Notice of Hearing.
Overview 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. The other side files a written opposition to your motion with the court.
A motion to strike material from a complaint must be filed before filing an answer. FRCP 12(f). Therefore, unless otherwise ordered by the court, the motion must be filed by the defendant within 21 days after being served with a summons and complaint, or within 60 days if service of the complaint was timely waived.
Write a short and clear introduction. Draft a factually accurate narrative. Know the standard that must be met and craft an explanation of the standard. Use the most persuasive components of the relevant law. Apply the law to the facts in a convincing and credible manner. Conclusion.
Steps Check if the court has blank motion forms. Some courts have "check the boxes" or "fill in the blank" motion forms. Create your caption. Title your motion. Draft the introductory paragraph to the body of the motion. Request relief. Lay out the applicable facts. Make your legal argument. Insert a signature block.
How to Write a Kick-Ass Motion Make an Outline. Keep Your Motion Simple. Maintain Credibility. Mind Your Citations. Focus on Facts. Keep Your Intro Short. Respect the Opposition. Write in English, Not Legalese.
General format - each motion generally consists of a case caption, a title that briefly identifies the relief sought, a series of numbered paragraphs that explains -- in a logical way -- why you are entitled to that relief, a prayer for relief, a signature block, a certification that a copy of the motion was sent to ...
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.
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.
More info
The staff, party, counsel, or investigator must fill out and present a Declaration regarding the request for records. A motion to strike can be used to attack legal conclusions in a pleading.Simply e-file a corrected version, which will provide the court with the corrected documents. This page gives basic information about a few of these options, such as filing a motion, demurrer, or cross-complaint. Any case for which all parties do not consent will be reassigned to a District Judge in the San Francisco, Oakland, or San Jose division. SAN JOSE SHARKS LLC, et a1.,. Plaintiffs,. Both motions to strike punitive damages are granted. Edit for a particular circumstance. Ings entered into an oral lease with Defendants to rent an unpermitted garage at 383 Nancy Lane, San Jose, CA 95127 (the "Property"). Relief before they can ask a court to intervene in a labor dispute.