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 In Divorce Case In Dallas
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Multi-State
County:
Dallas
Control #:
US-00004BG-I
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FAQ
Motions to compel are powerful tools to educate opposing counsel on – and enforce – discovery obligations. One of the most frustrating situations I come across in my practice is when little-to-no effort is made to respond to written discovery.
Parties may also file motions for enforcement if the responding spouse fails to abide by a divorce decree or other court orders previously issued. Conversely, in cases where the responding spouse declines to answer discovery requests or provide requested information or documents, a motion to compel can be filed.
While either party in a divorce can file a motion for a temporary order, when these motions have been filed, the court will set a hearing date for the motion. During the hearing, a judge will typically ask questions of both parties and, ultimately, issue a ruling regarding the motion.
A motion to compel discovery is a request to the judge to order the prosecution to hand over evidence. If the court grants the motion, the judge will order that the appropriate materials be released on a plan of sanctions such as fines, suppression of evidence, and even a dismissal of the charges.
A response and brief to an opposed motion must be filed within 21 days from the date the motion is filed. Time for Reply Briefs. Unless otherwise directed by the presiding judge, a party who has filed an opposed motion may file a reply brief within 14 days from the date the response is filed.
A motion to compel shall not be filed less than 10 days before the first day of the hearing on the merits, unless good cause is shown. A judge may deny or limit relief sought in a motion to compel if the judge determines that the discovery requests at issue are improper or unduly burdensome.
A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record.
A party may file a motion to compel if the other side does not respond within the appropriate time frame, if the responses are incomplete, or if objections have been lodged. In such circumstances, one party asks the judge to order the other side to respond fully to the interrogatories and requests for production.
To file a motion in Texas, draft the motion, ensure it complies with Texas court rules, file it with the appropriate court, and serve a copy to the opposing party.
In Texas, there is no specific time limit for a judge to sign a motion that they verbally granted at a hearing. However, it is generally expected that the judge will sign the order as soon as possible, usually within a few days or weeks after the hearing.
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You should file the motion in the same court where you filed your divorce petition. You may need to pay a filing fee when you submit the motion.COURT'S MOTION DOCKET SETTINGS: Call the Clerk regarding the status of motions. Some of the most common motions and requests are Requests for Jury, Motions for Continuance; Motions to Amend Petitions; and Motions for Temporary Orders. A motion to strike is commonly used during discovry as a means of excluding evidence such as affidavits, documents, and testimony. A motion to strike is very rarely appropriate. Yes, you should file a response to the motion. You can generally raise some of the legal principles that I mentioned, tailored to the facts of your case. A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record. Use an RFO form FL300 and under other titled it "Motion to Strike Petition".