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 For Motion In Phoenix
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State:
Multi-State
City:
Phoenix
Control #:
US-00004BG-I
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Word;
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If you file a motion to strike, it must be in a stand-alone pleading that cannot exceed two pages. A response is due within five days, and the response also cannot exceed two-pages. Do not file a reply unless one is ordered. A motion to strike does not extend the deadline to file a responsive pleading.
Only these pleadings are allowed: a complaint; an answer to a complaint; a counterclaim; an answer to a counterclaim designated as a counterclaim; an answer to a crossclaim; a third-party complaint; an answer to a third-party complaint; and, if the court orders one, a reply to an answer.
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.
Motions to continue are not automatically granted. There must be a showing of good cause for the continuance to be granted. Do not assume your motion to continue was granted just because you filed a motion.
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.
Unless made at trial or an evidentiary hearing, a motion to strike may be filed only if it is expressly authorized by statute or other rule, or if it seeks to strike any part of a filing or submission on the ground that it is prohibited, or not authorized, by a specific statute, rule, or court order.
(a) At any time, the Superior Court may order oral argument upon its own initiative or the motion of a party. (b) If a party wishes oral argument, the request must be made in the caption of a memorandum at the time a memorandum is filed.
Under Rule 12(f), a part of a pleading can be removed if it is redundant, immaterial, impertinent, or scandalous. The motion can be made by a party within an allotted time frame, or can be raised by the court, called sua sponte.
Every matter submitted for determination to a judge of the superior court for decision shall be determined and a ruling made not later than sixty days from submission thereof, in ance with Section 21. Article VI of the Arizona Constitution.
Every matter submitted for determination to a judge of the superior court for decision shall be determined and a ruling made not later than sixty days from submission thereof, in ance with Section 21. Article VI of the Arizona Constitution.
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If you do not use the correct form, a judge or court commissioner may deny the motion. I need help with a Motion to Strike in Maricopa County Superior Court, Arizona on Defendants third motion for summary.The allegations in a law suit filed and voluntarily dismissed years prior to the current events involved herein are immaterial to this litigation. Here you will find forms for every case type. Forms for filing a case, answering a summons, entering a plea, even asking for a continuance or for an appeal. The removing party must file and identify the following separate attachments to the Notice of Removal: (1). First, you need to provide contact information in the top left of the answer form. The court and plaintiff will mail important information to this address. The Court may strike a pleading on the ground that it is scandalous, frivolous, or vexatious (r. 221(1)(c) of the Rules).