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

Affidavit Motion Amend With Motion In San Jose

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

City:

San Jose

Control #:

US-00003BG-I

Format:

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.

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FAQ

To Amend a Motion (to add or strike or substitute words or phrases) — debatable, requires majority vote. (A motion can be made to amend a proposed amendment.) The mover of the motion (or the committee chair if the motion comes from a committee) speaks first on a motion.

A motion for leave to amend complaint or petition is a request made by the plaintiff or petitioner to the court to allow them to make changes or additions to their original complaint or petition.

Instead of appealing, in some cases, you may be able to request a change (modification) of the court order by filing a Motion to Amend or Motion to Modify.

Basically, you can amend the complaint once as a matter of right. But you must do it before the defendant files a responsive pleading. Or you must do it before the due date for an opposition to a demurrer or motion to strike.

(a) Amendments. A party may amend the party's own pleadings once as a matter of course at any time before a response is served or, if the response is one to which no further pleading is permitted and the action has not been scheduled for trial, the party may so amend it at any time within 20 days after it is served.

An amendment is a motion to change, to add words to, or to omit words from, an original motion. The change is usually to clarify or improve the wording of the original motion and must, of course, be germane to that motion.

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.

An answer may be amended once without leave of court within ten (10) days after the answer was filed, or if there is a demurrer to the answer, amendment without leave of court may be made before the demurrer hearing. Amendment as a matter of right is made by filing and serving the amended pleading. CCP § 430.40 (b).

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(a) Contents of motion. You must fill out an Answer, serve the plaintiff, and file your Answer form with the court.Generally, this is due within 30 days after you were served. 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. This packet provides general guidance about opposing a motion to dismiss. 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. In order to amend the original complaint you would need to file an amended Complaint if you initiated the child custody action originally. PAUMA'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT of an Indian tribe. View on Westlaw or start a FREE TRIAL today, § . Form: Affidavit in support of motion for leave to serve amended complaint, Legal Forms.

Affidavit Motion Amend With Motion In San Jose

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