[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP Code] Re: Motion to Strike Plaintiff's Amended Complaint Dear [Recipient's Name], I hope this letter finds you well. I am writing to submit a Motion to Strike Plaintiff's Amended Complaint in the case of [Case Name] pending before this honorable court. As the defendant in this matter, I respectfully request the court's permission to strike and dismiss the amended complaint filed by the plaintiff. Pursuant to Rule [X] of the [West Virginia Court Rules or specific court rule applicable], I contend that the plaintiff's amended complaint fails to meet the necessary legal standards and contains numerous deficiencies that warrant its rejection. I hereby outline and highlight these deficiencies below: 1. Lack of Jurisdiction: The amended complaint does not establish proper jurisdiction or venue as required by [West Virginia law or specific court rule applicable]. The plaintiff has failed to demonstrate that this court has the authority to adjudicate the claims raised. 2. Failure to State a Claim: The amended complaint lacks specificity and fails to state a claim upon which relief can be granted. It does not sufficiently allege the elements necessary for each cause of action, rendering it legally insufficient. 3. Inconsistent or Contradictory Allegations: The plaintiff's amended complaint contains contradictory or inconsistent allegations that not only confuse the parties involved but also hinder the court's ability to understand the plaintiff's claims. This lack of clarity compromises the fairness and efficiency of the judicial process. 4. Violation of Statute of Limitations: It is evident upon review that the amended complaint was filed beyond the applicable statute of limitations. The plaintiff has not provided any valid reason or exception for the untimely filing, thereby depriving the court of subject jurisdiction over the matter. In light of the aforementioned deficiencies, it is respectfully requested that this court exercise its discretion to strike and dismiss the plaintiff's amended complaint. Additionally, we respectfully request any further relief deemed appropriate by the court, such as awarding attorney fees and costs associated with defending against the amended complaint. We kindly request a hearing on this motion, as it allows the court the opportunity to fully assess the merits of our arguments and reach a fair and just resolution in this matter. Thank you for your attention to this matter. Should you require any further supporting documentation or have any questions regarding this motion, please do not hesitate to contact me at [Phone Number] or [Email Address]. Yours sincerely, [Your Name]
West Virginia Sample Letter for Motion to Strike Plaintiff's Amended Complaint
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How to fill out Sample Letter For Motion To Strike Plaintiff's Amended Complaint?
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Hear this out loud PauseThe defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.
A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.
Hear this out loud PauseEvery answer shall be accompanied by a completed civil case information statement in the form prescribed by the Supreme Court of Appeals. (2) A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 20 days after being served.
Hear this out loud PauseAn amended pleading is a pleading that is entirely rewritten pertaining to matters of substance, and is used in place of, and supersedes the original pleading; an amended Complaint should be verified the same as the original Complaint and a Summons issued and served on un-served defendants, and time to answer or ...
Hear this out loud PauseUnless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.
