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 And Demurrer In Massachusetts
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A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer.
Rule 56 - Summary Judgment (a)Motions for Summary Judgment. A party may move for summary judgment subsequent to the commencement of any proceeding under these rules except in actions for divorce or in actions for custody or visitation or for criminal contempt.
In essence, Rule 36 means that all defendants are guaranteed a trial within one year of their arraignment.
A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer.
A motion to strike is similar to a demurrer, but it relates to only specific parts of a complaint. In a motion to strike a defendant might seek to strike all requests for punitive damages, or for attorney fees, if there is a legal argument that the plaintiff is not entitled to those forms of relief.
A party filing a demurrer must serve and file therewith a notice of hearing that must specify a hearing date in ance with the provisions of Code of Civil Procedure section 1005 and, if service is by electronic means, in ance with the requirements of Code of Civil Procedure section 1010.6(a)(4) and rule ...
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. 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.
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 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.
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A motion under Rule 12(b)(6), like the traditional demurrer, tests the legal sufficiency of the complaint, counterclaim, or crossclaim. A motion under Rule 12(b)(6), like the traditional demurrer, tests the legal sufficiency of the complaint, counterclaim, or cross-claim.The court may allow a party to whose pleadings a demurrer has been filed to amend, upon terms, within such time as it orders. Thus, a motion to strike is typically filed with a demurrer when the moving party wishes to eliminate a claim for damages. A motion to strike is used to carve out parts of a lawsuit that are not appropriate. For example, there might be an an unsupported claim for attorney fees. Tells the court that the other side refused to discuss the case with you regarding your intention to file a demurrer, motion to strike, or motion for judgment. The Court is going to issue another Order addressing a Motion to Strike (probably a Motion to Strike your Demurrer). Or just file it before the hearing. (Under Code Civ. Proc.