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 From The Record In King
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State:
Multi-State
County:
King
Control #:
US-00004BG-I
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Word;
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FAQ
N. a request for a judge's order to eliminate all or a portion of the legal pleading (complaint, answer) of the opposition on any one of several grounds. It is often used in an attempt to have an entire cause of action removed ("stricken") from the court record.
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.
Striking Testimony: On some occasions, after a witness has testified, the judge will order certain evidence stricken from the record and will direct the jury to disregard it.
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 motion to strike is a legal request made to a court to remove certain parts of the opposing party's pleadings. This can include irrelevant, redundant, or legally insufficient material from a complaint, answer, or other legal documents.
To remove from a record, list, etc.; erase; expunge.
Summary. Rule 12(f) allows courts to strike redundant, immaterial, impertinent, or scandalous matter from pleadings. Judge Hollander's opinion in Blevins v. Piatt provides clear criteria for granting or denying a Rule 12(f) motion.
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 motion to strike can be used at the early stages of a lawsuit, typically after the pleadings have been filed but before the trial begins. It's used to challenge specific aspects of the pleadings that are deemed inappropriate or legally unsound.
Complete a Form 14 (Notice of Motion) and a Form 14A (Affidavit). In Form 14, you will list the orders that you are requesting at the motion. In Form 14A, you will include your evidence and explain why you want the court to make the orders you are asking for in your motion.
More info
This overview provides lawyers with foundational information on when and how to file a motion to strike. Motion to strike is basically when there's something in the pleading that's false.A Motion to Strike can remove pleas, statements, and evidence from judicial proceedings in a lawsuit. 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. Our motion attacks the appropriateness of the other party. A statement isn't literally deleted from the record when the judge strikes an answer. It means the person filing the motion asserts that the item to be stricken from the clerk's file is somehow improper. Only on very rare occasions is a motion to strike appropriate, such as when an entire brief or 56.1 Statement is defective. This video describes the grounds and general procedures to file a motion to strike a complaint in a Connecticut civil lawsuit. File a response to the motion to strike.