How do you get a strike in court?

The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, ...

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

Motion For Strike In Santa Clara

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Santa Clara

Control #:

US-00002BG-I

Format:

Instant download

Description

The Motion for Strike in Santa Clara is a legal document utilized by defendants seeking to modify or dismiss alimony provisions following a plaintiff's remarriage. This form includes sections for the defendant to present key information, such as the date of the original judgment, details about the plaintiff's remarriage, and grounds for striking or amending the alimony clause. Users are required to provide a factual statement about the plaintiff's new spouse's financial capabilities, thus creating a basis for the court's discretion. Filling out the form involves clearly stating relevant dates, adding evidence as necessary, and ensuring all parties involved receive proper notification via a Certificate of Service. This form is particularly valuable for attorneys and paralegals managing divorce cases, partners and owners in family law practice, and associates assisting with document preparation. The straightforward instructions empower users to effectively navigate the process, making it accessible even for those with limited legal experience.

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FAQ

A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer.

If the two sides cannot reach an agreement, the defendant has to file and serve the demurrer or motion to strike within the deadline (usually 30 days) for responding to the Complaint. The other side then gets a chance to file a response before a court date where the judge will make a decision.

What happens next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.

As with all motions, a motion to strike must state with particularity the grounds for seeking the order to strike, as well as the relief sought. FRCP 7(b); Smart Code®. Under FRCP 12(f), the court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

A Motion to Strike is similar to a Demurrer, in that it challenges defects in the complaint. However, the two pleadings challenge different types of defects. A Demurrer is used to challenge the legal sufficiency or clarity of the claims.

The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, ...

Notice of most types of motions, and the papers that support the motion, must be filed with the court and served on all other parties at least sixteen (16) court days before the scheduled hearing date of the motion.