New Hampshire Sample Letter for Motion to Strike Plaintiff's Amended Complaint

• Category: Letters - Legal - Motion to Strike Complaint
• State: Multi-State
• Control #: US-0059LTR
• Format: Word; Rich Text

Description

This form is a sample letter in Word format covering the subject matter of the title of the form. [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]

[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]