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 Deposition In Riverside
Category:
State:
Multi-State
County:
Riverside
Control #:
US-00004BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Ex Parte Applications Ex parte documents must be eFiled before am the court day before the hearing. Ex parte written oppositions must be eFiled before am the day of the hearing. Printed courtesy copies of ex parte oppositions must be provided to the court the day of the ex parte hearing.
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.
Comply with Local Rule 3116, which provides that a written response to any OSC be filed with the Court at least 5 days in advance of the hearing (although the Court encourages filing any response at least 10 days in advance of the OSC where possible).
A list of all disputed issues with a short explanation of each;A statement of facts from each party; andA signed stipulation as to undisputed issues of fact and law and exhibits, which neither party is objecting. This rule is essentially forcing parties to try to settle issues in their case before going to trial.
Attorneys, however, often use “motion to strike” as shorthand for “I am marking the transcript and preserving my objection, and intend to move the court after this deposition that your answer continues not to respond to the questions I am asking.” See Court Opinions.
An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.
Riverside Superior Court Local Rule 3116 provides: Unless otherwise specified in the Order to Show Cause, any response in opposition to an Order to Show Case (a) shall be in the form of a written declaration and (b) shall be filed no less than four court days before the hearing on the Order to Show Cause.
An Order issued by the court that a party appear in court on a specified date and time to give reason (show cause) why an order requested by the opposing party should not be made.
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.
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.
More info
Parties shall complete form RIM01 to register for the court's direct fax filing program. Anti-SLAPP Motion (Special Motion to Strike), Lead Document.L.R. 31 Civil Cover Sheet and Other Forms Required at the Time of. Filing a New Action. A motion to strike a complaint or cross-complaint must be brought within thirty (30) days of service of summons. CCP § 412.20 (a)(3). Our Riverside court reporters are expertly equipped to handle all matters of litigation. 17 Motion to Compel Deposition of PMK 406. Upon such motion, a court may strike out any false matter inserted in any pleading. The next step is for both sides to collect and send each other information about the case to prepare for trial.