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

Motion To Strike Form For More Definite Statement In Houston

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

City:

Houston

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 to dismiss” is typically filed in response to a complaint and is made in lieu of filing an “answer.” Technically, a plaintiff can move to “strike” a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.

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.

Grounds for a motion to strike include the following: The pleading is false; that is, untrue. The pleading is filed without the required leave of court. The form of pleading is in violation of a court order. The pleading is filed late. The pleading is barred by the statute of limitations. The pleading must be verified.

A. Any certified or duly recognized bargaining representative may declare a strike in cases of bargaining deadlock and unfair labor practice. Likewise, the employer may declare a lockout in the same cases.

(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.

The court shall grant the motion to strike unless a defendant produces sufficient evidence to raise a genuine issue of fact regarding the designated person's responsibility for the claimant's injury or damage.

After being served with a complaint, a defendant has to decide how to initially respond. There are two options—filing a pre-answer motion or filing an answer: 1.

A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court.

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Every pleading, plea, motion, or application to the court for an order, whether in the form of a motion, plea, or other form of request, unless presented. (e) MOTION FOR A MORE DEFINITE STATEMENT.If the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served. A motion for a more definite statement is designed to provide a party with a remedy when it is served with an unintelligible pleading. A Rule 12(e) motion for a more definite statement can be used where "a pleading to which a responsive pleading is allowed . . . Extends the time to file a motion for a more definite statement, unless the Board orders otherwise. Pending before the court is Defendants' Motion and. Supporting Memorandum of Law in Support of Rule 12(e) Motion for. In making such a motion, the moving party must "point out the defects complained of and the details desired. (e) Motion for More Definite Statement .

Motion To Strike Form For More Definite Statement In Houston

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FAQ

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

How to file a motion for a more definite statement?

What are the reasons for motion to strike?

What are the grounds for a strike?

What are the grounds for motion to strike?

When should you expect a court to grant a motion for a more definite statement?

What are the two choices that a respondent can make when served with a motion?

What is a motion to strike in Texas Rules of Evidence?

What is a striking motion?

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