[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [Name of the Court] [Address of the Court] [City, State, ZIP Code] Re: [Case Name and Case Number] Motion to Strike Plaintiff's Amended Complaint Dear Judge [Judge's Last Name], I, [Your Name], as the defendant in the above-mentioned case, hereby submit this motion to strike the plaintiff's amended complaint. This motion is brought under Rule [Insert Relevant Rule Number] of the [Name of Jurisdiction] Rules of Civil Procedure. I. Background: Provide a concise summary of the case, including relevant dates, parties involved, and the nature of the Plaintiff's claims. Emphasize any pertinent facts or circumstances that support your argument for striking the amended complaint. II. Legal Basis for Motion to Strike: Outline the relevant legal provisions that govern the motion to strike the plaintiff's amended complaint. Cite the specific rule or statute that allows for such a motion, establishing that it is within the court's discretion to grant the requested relief. III. Arguments in Support of Motion: a) Lack of Proper Legal Grounds: Explain why the plaintiff's amended complaint fails to meet the necessary legal standing and grounds required for pleading and maintaining a cause of action. Address any deficiencies or defects in the amended complaint, such as failure to state a claim upon which relief can be granted, lack of jurisdiction, statute of limitations issues, or other relevant concerns. b) Prejudice and Undue Delay: Address any prejudice or undue delay that may result from allowing the plaintiff to proceed with the amended complaint. Demonstrate how allowing the amended complaint would hinder the defendant's ability to prepare a proper defense or would unduly prolong the litigation process, both of which may be detrimental to the administration of justice. IV. Request for Relief: State the specific relief sought, such as striking the plaintiff's amended complaint in its entirety or striking specific portions of the amended complaint. Alternatively, you may request that the court dismiss the amended complaint without prejudice, granting the plaintiff an opportunity to file a new complaint that corrects the deficiencies identified. V. Conclusion: Summarize the main arguments presented in the motion to strike and reiterate the grounds for its dismissal. Request that the court grant the motion and provide any additional information or documentation necessary for reaching a decision. Thank you for considering this motion. I respectfully request that the court schedule a hearing on this matter at its earliest convenience. Sincerely, [Your Name]
New Hampshire Sample Letter for Motion to Strike Plaintiff's Amended Complaint
Description
How to fill out New Hampshire Sample Letter For Motion To Strike Plaintiff's Amended Complaint?
Are you in the placement that you need files for possibly enterprise or individual uses virtually every day? There are tons of lawful file templates available on the Internet, but finding types you can depend on is not effortless. US Legal Forms gives 1000s of type templates, such as the New Hampshire Sample Letter for Motion to Strike Plaintiff's Amended Complaint, that are created to meet state and federal specifications.
Should you be already knowledgeable about US Legal Forms internet site and get an account, just log in. After that, you are able to acquire the New Hampshire Sample Letter for Motion to Strike Plaintiff's Amended Complaint template.
Should you not provide an accounts and would like to begin to use US Legal Forms, follow these steps:
- Discover the type you want and ensure it is for that appropriate metropolis/state.
- Use the Preview switch to examine the shape.
- Look at the information to actually have selected the right type.
- If the type is not what you`re searching for, take advantage of the Research discipline to get the type that fits your needs and specifications.
- Whenever you find the appropriate type, click Buy now.
- Choose the rates program you need, fill in the necessary information and facts to make your bank account, and pay for the order with your PayPal or Visa or Mastercard.
- Choose a hassle-free data file format and acquire your version.
Find all of the file templates you may have purchased in the My Forms menu. You can get a additional version of New Hampshire Sample Letter for Motion to Strike Plaintiff's Amended Complaint at any time, if required. Just click on the required type to acquire or print the file template.
Use US Legal Forms, one of the most considerable collection of lawful kinds, to conserve time as well as avoid errors. The services gives skillfully produced lawful file templates which you can use for a selection of uses. Make an account on US Legal Forms and commence creating your way of life a little easier.
Form popularity
FAQ
Motions -- Specific. (a) Motions to Amend. (1) No plaintiff shall have leave to amend a pleading, unless in matters of form, after a default until the defendant has been provided with notice and an opportunity to be heard, to show cause why the amendment should not be allowed.
? A complaint or information may be amended, in form or in substance, without leave of court at any time before the accused enters his plea. After the plea and during the trial, a formal amendment may only be made with leave of court and and when it can be done without causing prejudice to the rights of the accused.
Amended complaint. n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers), or upon order of the court.
V. to alter or change by adding, subtracting, or substituting. One can amend a statute, a contract or a written pleading filed in a law -suit. The change is usually called an amendment.
Any party, including the agency, may amend any pleading or notice without leave of the agency until the eighth day prior to the date set for the hearing on the matter. Thereafter a party may amend his pleadings only by leave of the Board or its designee, and leave shall be freely given when justice so requires.
A party shall plead in response to an amended pleading within 10 days after service of the amended pleading unless the court otherwise orders.
