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.
Motion To Strike For More Definite Statement In Bronx
Category:
State:
Multi-State
County:
Bronx
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
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 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.
When you respond to a motion, be clear and direct about your legal position. Begin with an introduction that summarizes the nature of the motion and states your position. Develop key points to answer every argument your opponent made. Then, present your arguments in a logical sequence.
What happens next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.
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).
The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, ...
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.
Where are motions returnable? Motions are returnable to 851 Grand Concourse Bronx, New York 10451 in room 217.
More info
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. In the vicinity of Whlto Plains road whero The Bronx Park subway extension la now in oper ation.