• US Legal Forms

Affidavit Motion Amend With Motion In Phoenix

State:
Multi-State
City:
Phoenix
Control #:
US-00003BG-I
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent 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.

Free preview
  • Form preview
  • Form preview

Form popularity

FAQ

If you're doing it on your own, however, you may contact your court clerk for information on how to do this. The motion has to state what your ex-spouse isn't doing, what areas he or she is in violation of. It must clarify why he or she ought to be held in contempt of the divorce decree. You must prove your case.

A document that starts a case where the person filing is asking the court to make additional orders to force compliance with an already existing order.

A party moving for leave to amend a pleading must attach a copy of the proposed amended pleading as an exhibit to the motion. The exhibit must show how the proposed pleading differs from the existing pleading by bracketing or striking through the text to be deleted and underlining the text to be added.

You will need to go back to the court where your order was issued and file modification forms. There will probably be a new hearing on the issue. You may also want to consult with an attorney to see if filing for a modification is appropriate under the circumstances of your case.

Motions to continue are not automatically granted. There must be a showing of good cause for the continuance to be granted. Do not assume your motion to continue was granted just because you filed a motion.

You don't need an attorney to file a Motion for Contempt, but it is a good idea to have one. If you decide to represent yourself, you can go to the courthouse that made the order and ask for help at the Court Service Center.

If you're doing it on your own, however, you may contact your court clerk for information on how to do this. The motion has to state what your ex-spouse isn't doing, what areas he or she is in violation of. It must clarify why he or she ought to be held in contempt of the divorce decree. You must prove your case.

No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.

Rule 59(e) authorizes a motion to alter or amend a judgment. A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time.

Under the new version of Rule 68(g), the sanctions against a party who fails to obtain a more favorable judgment than the offer is “twenty percent of the difference between the amount of the offer and the amount of the final judgment.” This change applies to offers of judgment served on or after January 1, 2022.

More info

To make changes to a motion that is already filed with the court you will need to file an additional document called an amendment that contains the changes. This blank motion form should not be used to start a court case.If you do not use the correct form, a judge or court commissioner may deny the motion. File a document on pleading paper called amended motion re order to show cause and affidavit of contempt, write out the reason for your motion. Instead, a red-lined version of the proposed amended pleading must be attached as an exhibit to the motion (or stipulation) to amend. The Clerk's Office will electronically file the motion in each of the other affected cases identified in the motion. A party may amend its pleading only with leave of court or with the written consent of all opposing parties who have appeared in the action. There is nothing in the affidavit in support of the motion for change of venue which in any way challenges the allegations in the amended complaint. If the lawsuit was not filed in the correct justice court, the defendant may file a Motion to Change the Venue of the lawsuit. A party moving for leave to amend a pleading must attach a copy of the proposed amended pleading as an exhibit to the motion.

Trusted and secure by over 3 million people of the world’s leading companies

Affidavit Motion Amend With Motion In Phoenix