What is the difference between a motion to strike and a motion to dismiss?

A motion to dismiss asks the court to dismiss either whole or part of a complaint, counterclaim, or crossclaim. Motion to strike or "Demurrer": In some jurisdictions, a motion to strike or a "demurrer" is the equivalent to a motion to dismiss for failure to state a claim upon which relief can be granted.

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

Motion To Strike And Demurrer In Arizona

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

Control #:

US-00004BG-I

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Instant download

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This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. 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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P. 7. Only these pleadings are allowed: a complaint; an answer to a complaint; a counterclaim; an answer to a counterclaim designated as a counterclaim; an answer to a crossclaim; a third-party complaint; an answer to a third-party complaint; and, if the court orders one, a reply to an answer.

C.C.P. § 436 allows for a motion to strike “any irrelevant, false, or improper matter asserted in any pleading” or portion of a pleading “not drawn of filed in conformity with the laws of this state.” A motion to strike is proper “when a substantive defect is clear from the face of a complaint.” (PH II, Inc.

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.

A motion to strike is similar to a demurrer, but it relates to only specific parts of a complaint. In a motion to strike a defendant might seek to strike all requests for punitive damages, or for attorney fees, if there is a legal argument that the plaintiff is not entitled to those forms of relief.

Unless made at trial or an evidentiary hearing, a motion to strike may be filed only if it is expressly authorized by statute or other rule, or if it seeks to strike any part of a filing or submission on the ground that it is prohibited, or not authorized, by a specific statute, rule, or court order.

A party filing a demurrer must serve and file therewith a notice of hearing that must specify a hearing date in ance with the provisions of Code of Civil Procedure section 1005 and, if service is by electronic means, in ance with the requirements of Code of Civil Procedure section 1010.6(a)(4) and rule ...

Demur (or demurrer) refers to making a pleading that challenges the sufficiency or adequacy of pleadings of another party. Demurrers typically come in two forms: general and specific. A general demurrer challenges a broader problem with a pleading that affects all of the claims brought, such as improper venue.

A motion to dismiss asks the court to dismiss either whole or part of a complaint, counterclaim, or crossclaim. Motion to strike or "Demurrer": In some jurisdictions, a motion to strike or a "demurrer" is the equivalent to a motion to dismiss for failure to state a claim upon which relief can be granted.

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Unlike in California, you cannot file a "demurrer" in Arizona. In AZ you can file a motion to dismiss.A motion to strike is used to carve out parts of a lawsuit that are not appropriate. For example, there might be an an unsupported claim for attorney fees. The motion must point out the defects complained of and the details desired. Yes, you have the right to discovery notwithstanding the fact that the pleadings are not yet "at issue" due to the pending demurrer and motion to strike. A motion under Rule 12(b)(6), like the traditional demurrer, tests the legal sufficiency of the complaint, counterclaim, or crossclaim. (f) Motion to Strike. The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. This video describes the grounds and general procedures to file a motion to strike a complaint in a Connecticut civil lawsuit.

Motion To Strike And Demurrer In Arizona

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What is the rule 7 in Arizona?

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