Where are motions returnable in New York County?

Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at AM.

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

Motion To Strike For More Definite Statement In Bronx

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Bronx

Control #:

US-00004BG-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 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

A motion for a more definite statement is a request made by one party to the court asking the other party to clarify their vague or unclear statement in a legal document. This is done when the first party cannot respond properly to the unclear statement.

A motion for a more definite statement must be filed before filing a responsive pleading. FRCP 12(e). Therefore, unless ordered otherwise by the court, the motion must be filed within 21 days after being served with a summons and complaint, or within 60 days if service of the complaint was timely waived.

FRCP 12(b). Such motions are often made at the earliest stage of the case to defeat or limit a claim or to stall the case before proceeding to costly and time-consuming discovery. For this reason, courts claim that FRCP 12(b)(6) motions are generally viewed with disfavor and rarely granted. See Point of Law (POL).

A motion for more definite statement in many jurisdictions in the United States, and under United States federal law, is a means of obtaining a more detailed motion from the opposing party in a civil case before interposing a responsive pleading.

Your request via email and/or letter will need to include the original filing dates, new proposed filing dates, the number of previous requests (if any), and whether the other party consents to the extension. Email a copy of the letter you file to the other party (usually it's an attorney).

(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing the party's responsive pleadings.

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.

Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at AM.

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Motions for a more definite statement may be made when a pleading is so vague or ambiguous that a party cannot reasonably frame a response. All motions on actions already assigned to a Justice must be filed at least five business days before the return date.A motion for a more definite statement is designed to provide a party with a remedy when it is served with an unintelligible pleading. If a pleading is so vague or ambiguous that a party cannot reasonably be required to frame a response he may move for a more definite statement. Every written response must begin with a caption setting forth the name of the court, the venue, the title of the action, and the nature of the paper. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. Intheblanks form authorizing an individual filing agent to efile documents on behalf of a single attorney. Richmond, New York, and Nassau. Counties). The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.

Motion To Strike For More Definite Statement In Bronx

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Where are motions returnable in New York County?

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