What is an example of a motion to strike?

The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, ...

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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 Mecklenburg

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Mecklenburg

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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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.

(1) If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with ...

These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.

The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, ...

Rule 12(f) provides in relevant part that on motion or sua sponte, “the court may strike from a pleading . . . any redundant, immaterial, impertinent, or scandalous matter.” If Lexis annotations are a guide, relatively few litigants file Rule 12(f) motions on those grounds—and with good reason.

(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 response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.

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.

(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, he may move for a more definite statement before interposing his responsive pleading.

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(10) Motion for More Definite Statement. If the court grants a motion for a more definite statement, the responsive pleading shall be served within 20 days after service of the more definite statement.Once your date is determined, insert it in the Motion for Summary Judgment and Notice of. Find Local Rules and Forms that provide procedures and guidelines for courts in Mecklenburg County. A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or. The party may move for a more definite statement before filing a responsive pleading. The motion must be filed within 15 days of the pleading. (e) Motions to Strike. A motion for a more definite statement is designed to provide a party with a remedy when it is served with an unintelligible pleading. The motion must be filed within 15 days of the pleading and must point out the defects complained of and the details desired.

Motion To Strike Form For More Definite Statement In Mecklenburg

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