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

Motion To Strike For Untimely Filing In Arizona

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

Control #:

US-00004BG-I

Format:

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Description

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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FAQ

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) At any time, the Superior Court may order oral argument upon its own initiative or the motion of a party. (b) If a party wishes oral argument, the request must be made in the caption of a memorandum at the time a memorandum is filed.

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.

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.

(c) Timing. A party desiring reconsideration of a decision must file a motion for reconsideration in the appellate court within 15 days after the appellate court enters its decision. A party may amend a motion for reconsideration only with the appellate court's permission.

Rule 26.1 of the Arizona Rules of Civil Procedure requires that the parties to a lawsuit to exchange Initial Disclosure Statements within 30 (thirty) days of the defendant filing an Answer. These disclosure statements are often referred to as “Rule 26.1 Statements” or “Rule 26.1 Disclosures” for short.

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.

Rule 35.1 - Motion for Reconsideration (a)Generally. A party seeking reconsideration of a court order or ruling may file a motion for reconsideration. (b)Procedure. A motion for reconsideration must not request oral argument.

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The motion must point out the defects complained of and the details desired. (f) Motion to Strike.The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. You probably would want to file a motion to strike the response as untimely and at least try to get it tossed out as filed too late. If the court denies a request to accept an untimely brief, it will strike the filed brief. In 1911, Dr. James Kennedy started the mission's first "hospital," at the time a small makeshift facility, to serve the healthcare needs of the Navajo people. MOTIONS TO STRIKE: I discourage motions to strike, especially if the party can make the point in a responsive pleading. I discourage motions to strike, especially if the party can make the point in a responsive pleading. I am filing a motion to strike since Defendant counsel did not respond to court order for 40 day deadline for Discovery. 52(C)(2)(b) of the Arizona Rules of Family Law Procedure.

Motion To Strike For Untimely Filing In Arizona

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