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

Motion To Strike For More Definite Statement In Los Angeles

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Los Angeles

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.

C.C.P. § 436 allows for a motion to strike “any irrelevant, false, or improper matter asserted in any pleading” or portion of a pleading “not drawn of filed in conformity with the laws of this state.” A motion to strike is proper “when a substantive defect is clear from the face of a complaint.” (PH II, Inc. v.

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).

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.

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.

(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.

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).

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.

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(e) Motion for a More Definite Statement. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.) The respondent agency and real party-in-interest may file a demurrer, motion to strike, answer, or otherwise appear. (g) Preparation of the Record. A motion for a more definite statement is designed to provide a party with a remedy when it is served with an unintelligible pleading. C. Motion to strike. ) Plaintiff did not file a response to defendant's motion, but, instead, filed a "MOTION FOR MORE DEFINITE STATEMENT UNDER. In the alternative, defendants move for a more definite statement concerning some of the underlying facts and move to strike various factual contentions. (e) Motion For a More Definite Statement. A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so.

Motion To Strike For More Definite Statement In Los Angeles

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FAQ

What is a motion to make more definite and certain definitions?

What are the grounds for motion to strike in California?

How do I file a motion for more time?

What is a motion to make more definite or certain?

When to file motion for more definite statement?

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

When to file 12b6 motion?

How to file a motion for a more definite statement?

What are grounds for motion to strike in federal court?

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