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 Form With Motion To Dismiss In Montgomery
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State:
Multi-State
County:
Montgomery
Control #:
US-00004BG-I
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FAQ
Grounds for filing a motion to dismiss Inadequate service of process: The summons and complaint may not have been appropriately served on the defendant. Statute of limitations: If the statute of limitations for any of the claims in the complaint has expired, a motion to dismiss is appropriate.
A motion to dismiss asks the court to dismiss either whole or part of a complaint, counterclaim, or crossclaim. Motion to strike or "Demurrer": In some jurisdictions, a motion to strike or a "demurrer" is the equivalent to a motion to dismiss for failure to state a claim upon which relief can be granted.
The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
Writing a Persuasive Motion to Dismiss Be Clear and Concise: Use straightforward language and be diligent with proofreading. Stay Focused on the Legal Issues: Avoid unnecessary details and stick to the relevant legal arguments. Support Every Claim: Use statutes, case law, and rules of procedure to back up your points.
Writing a Persuasive Motion to Dismiss Be Clear and Concise: Use straightforward language and be diligent with proofreading. Stay Focused on the Legal Issues: Avoid unnecessary details and stick to the relevant legal arguments. Support Every Claim: Use statutes, case law, and rules of procedure to back up your points.
The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental ...
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.
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.