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

Motion To Strike Form For Discovery In San Jose

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

City:

San Jose

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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California Rules of Court, rule 3.1345(c) requires that the separate statement in support of a motion to compel further responses provide “all the information necessary to understand each discovery request and all the responses to it that are at issue.” It must also “be full and complete so that no person is required ...

A Motion to Strike is similar to a Demurrer, in that it challenges defects in the complaint. However, the two pleadings challenge different types of defects. A Demurrer is used to challenge the legal sufficiency or clarity of the claims.

If the two sides cannot reach an agreement, the defendant has to file and serve the demurrer or motion to strike within the deadline (usually 30 days) for responding to the Complaint. The other side then gets a chance to file a response before a court date where the judge will make a decision.

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 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.

A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer.

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.

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.

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This book can help you fill out the right forms to file or respond to a motion. This HowTo Guide addresses the steps for filing and serving motions in general civil cases in Santa Clara Superior Court.Any case for which all parties do not consent will be reassigned to a District Judge in the San Francisco, Oakland, or San Jose division. A motion to strike can be used to attack legal conclusions in a pleading. Yes, you have the right to discovery notwithstanding the fact that the pleadings are not yet "at issue" due to the pending demurrer and motion to strike. There is a 45day rule for motions to compel further discovery responses. Section 2016.080 now allows either party to request that the court hold an informal discovery conference. Caldwell filed a motion to compel "full and complete Discovery. While rarely granted, this practice permits you to pursue a demurrer or motion to strike. A motion for an order to a nonparty must be made in the court where the discovery is or will be taken.

Motion To Strike Form For Discovery In San Jose

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FAQ

What are the rules for motion to compel discovery in California?

What is the difference between a demurrer and a motion to strike in California?

When to file motion to strike California?

What are grounds for motion to strike in federal court?

What happens after a motion to strike is filed?

Is motion to strike a good thing?

When must a motion to strike be filed in California?

What are the strike rules in California?

What is the basis for motion to strike in California?

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