Thank you. I am using it to strike a motion filed by the opposing party pro se although they have a counsel of record.
Yes I have already filed my response. However, I want to also cover my bases and file a motion to strike their entire motion on the grounds that it is not properly filed since they have an attorney of record who should have filed it. Is this an affirmative defense to strike their motion?
thanks. that is helpful. one of the motions in question is a motion for new trial that was filed on the 30th day after a final order was made. I believe the opposing party filed this motion as a precusor to appeal the final judgement. can filing the motion to strike in addition to the response that i have filed help my case since I do not want this case dragged out any longer and to appeal
Ok I think I see what you mean. If my response prevails then at the botXXXXX XXXXXne it has the same desired effect of a motion to strike which is to deny opposing party's pleading. Is this an accurate interpretation?
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