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

Motion To Strike In California In Palm Beach

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Palm Beach

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

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.

What happens next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.

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.

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.

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.

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In California family law, motions to strike are generally filed to request the court to remove certain parts of the opposing party's pleadings. A motion to strike can be used to attack the entire pleading or any part thereof.In other words, a motion may target single words or phrases, unlike demurrers. A motion to strike a strike, a Romero Motion, in Los Angeles County, CA. Call our criminal defense lawyers for a free initial consultation. 24 JL (STATE) I declare under penalty of perjury under the laws ofthe State of California that the foregoing is true and correct. 25. California courts grant a judge complete discretion to strike sentencing allegations in the interests of justice under Penal Code 1385. A motion to strike can be used to attack legal conclusions in a pleading. Read this carefully. The California Code of Civil Procedure says two things. 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.

Motion To Strike In California In Palm Beach

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