US Legal Forms
Affidavits
Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Motion To Strike Form Without Leave In Oakland

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Oakland

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.

View Pleading form with 28 lines in Santa Clara

View this form

View Pleading form with 28 lines in Alameda

View this form

View Pleading form with 28 lines in Contra Costa

View this form

View Pleading form with 28 lines in San Jose

View this form

View Pleading form with 28 lines in Sacramento

View this form

Sample Letter for Customer Appreciation

View this form

Sample Letter for Removal of Membership fr...

View this form

Form Rating

4.55

Satisfied(395)

Form popularity

FAQ

What happens with one "strike" prior? A defendant who is convicted of any new felony who has one "strike" prior (known as a second striker) must go to prison (i.e., cannot be sent to a rehab facility or placed on probation) for twice the sentence otherwise prescribed for the new offense.

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.

PRACTICE TIP: Courts consider striking a party's pleading to be an extreme measure, and motions to strike are viewed with disfavor and infrequently granted. POL. Many courts consider filing this motion as a dilatory tactic.

(c) If a party serves and files a notice of motion to strike without demurring to the complaint, the time to answer is extended and no default may be entered against that defendant, except as provided in Sections 585 and 586.

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.

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.

If you see a potential for a motion to dismiss, this is an opportunity to inform the client how much legal expertise is necessary for such a filing. In other words, they will be facing a daunting challenge trying to represent themselves and will likely need an attorney more than ever.

If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.

Oral motion - You can make a motion verbally (orally) while in court. This can be at the initial appearance, at a status appearance, or during a hearing. Usually, you can use an oral motion when the request is not complicated, or if it is an urgent request that you are hoping the judge will grant that day.

More info

A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed. There are generally no forms for the motion.You will need to prepare your own papers. (2) The parties shall meet and confer at least 5 days before the date a motion to strike must be filed. Motion to strike is basically when there's something in the pleading that's false. You may request the court "sustain this motion to strike in its entirety without leave to amend. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. In California family law, motions to strike are generally filed to request the court to remove certain parts of the opposing party's pleadings. As The Rutter Guide also explains that: "A motion to strike can be used to attack legal conclusions in a pleading…. The pleading is false; that is, untrue.

Motion To Strike Form Without Leave In Oakland

Description

Related forms

Viewed forms

Show more info

Form Rating

Form popularity

FAQ

What are the strike rules in California?

What is the reason for motion to strike?

Is motion to strike a good thing?

Can you file a motion to strike without a demurrer?

What are the grounds for motion to strike in California?

What are grounds for motion to strike in federal court?

What is the basis for motion to strike in California?

Do I need an attorney to file a motion to dismiss?

How do I file a motion without an attorney?

How do I ask for a motion in court?

More info

Trusted and secure by over 3 million people of the world’s leading companies