Motion to Strike

 

 United States District Court
 Eastern District of New York

 

Before Responding To A Pleading Or Within 20 Days of Service

RULE AMENDED EFFECTIVE DECEMBER 1, 2009

A motion to strike must be made before a responsive pleading, if a responsive pleading is permitted. more...

Response to Amended Complaint

A pleading responsive to an amended complaint is due within the time remaining for response to the original more...

Rule 4 Waiver

If service of the summons has been timely waived on request under Rule 4(d), defendant must serve an more...

After Granting Motion For a More Definite Statement

If the court grants a motion for a more definite statement, the responsive pleading must be served within more...

Service of Notice, Motion and Affidavits Under the FRCP

Editor's Note: Most United States District Courts have local rules that set forth requirements regarding the service of

Notice, Motion and Affidavits--14 Days Before Hearing

A written motion and notice of the hearing must be served at least before the time specified for the hearing, except, when the motion may be heard ex parte, when these more...

Opposing Affidavits--7 Days Before Hearing

Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least before the hearing, unless the court permits service at another time. more...

Service by Mail, Delivery to Clerk, Electronic or Other Means--3 Additional Days

When a party may or must act within a specified time after service and service is made under more...

Calculating the Due Date or Deadline

Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are

When determining the last day of a filing period stated in days, a day on which the

The end of the last day of a period is defined as midnight in the court's time

In determining what is the "next" day, one must continue counting in the same direction - that

Moving Papers

Unless otherwise provided by statute or rule (such as Fed. R. Civ. P. 56), on all non-discovery civil more...

Opposing Papers

Any opposing affidavits and answering memoranda shall be served within after service of the moving papers.. more...

Reply Papers

Any reply affidavits and memoranda of law shall be served within after service of the answering papers. more...

Computing the Deadline

In computing periods of time, Federal Rule of Civil Procedure 6 applies unless otherwise stated. Saturdays, Sundays and

Consult Judges' Rules

Each Eastern District Judge has specific procedures governing motion practice in his or her courtroom. A list of Eastern District Judges and links to their motion procedures is online at: more...

Briefing Under the FRCP and for Discovery Motions

For the Federal Rules of Civil Procedure that govern motion practice and local rules that govern discovery motions, more...

Grounds for Motion To Strike

The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. more...

Face of the Pleading

Case law authority holds that the grounds for a motion to strike must appear on the face of more...

Motion

A motion must be made in writing, (unless made during a hearing or at trial), and must set more...

Form of Motion Papers

Every written motion must (1) be plainly written, typed, printed, or copied without erasures or interlineations that materially deface more...

Memorandum of Law Required

Except as otherwise permitted by the court, all motions and all oppositions thereto shall be supported by a more...

Copies of Decisions to Pro Se Litigants

In cases involving a pro se litigant, counsel shall, when serving a memorandum of law (or other submissions more...

Page Limits on Briefs

Neither the Federal Rules of Civil Procedure nor the Eastern District of New York Local Rules provide a more...

Specification of Statutes or Rules

For any motion based upon rules or statutes, the notice of motion must specify the rules or statutes more...

Motions Involving Discovery or Disclosure Requests

In any motion or application involving discovery or disclosure requests or responses under Rule 37, the moving party more...

Set Forth Grounds

The motion or application must set forth the grounds on which the moving party is entitled to prevail more...

Signature

Every pleading, written motion, and other paper must be signed by at least one attorney of record in more...

Local Rule Re Additional Information Required

All pleadings, motions, oppositions, and other documents must be signed by the attorney or party submitting them and must include below the signature the typed or printed name of the person signing. more...

Additional Requirements

Eastern District of New York SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

Evidence

Case law authority holds that the grounds for a motion to strike must appear on the face of more...

Disclosure Statement

File With First Appearance

A party must file a disclosure statement with its first appearance, pleading, petition, motion, response, or other request more...

Supplemental Filing

A party must promptly file a supplemental disclosure statement if any required information changes.. more...

Contents

A nongovernmental corporate party must file 2 copies of a disclosure statement that: more...

(1) identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; or more...

(2) states that there is no such corporation. . more...

 

Local Rule Re Disclosure Statement--File Supplemental Statement Within 14 Days

For purposes of Fed. R. Civ. P. 7.1.(b)(2), promptly shall mean within days, that is, parties are required to file supplemental disclosure statement within more...

Proposed Order

Eastern District of New York SmartRules procedural guide:PROPOSED ORDER. more...

Electronic Filing Required

The general rule in the United States District Court for the Eastern District of New York is that more...

Courtesy Copies

Courtesy copies of all electronic filings must be submitted to the judicial officer in hard copy, and be more...

Check Motion and Individual Practices for Your Judge

Confirm chambers specific electronic filing requirements by clicking on the judicial officers Motion and Individual Practices on the Court's more...

Additional Information

Additional information on the Eastern District's Electronic Case Filing Program is available on the Court's website at . more...

Filing Fees

The fee schedule for the Eastern District of New York is available online at . more...

Traditional Filing and Service Rules

Filing and Service Required

Papers must be filed with the court, together with a certificate of service, within a reasonable time after more...

Method of Service

Service of papers must be made on all parties by mail, personal delivery, or, with the written consent more...

Fax Service Only By Prior Written Agreement

No papers shall be served by fax unless the parties agree in writing in advance to accept service more...

Service by Overnight Delivery

Opposition papers may be served on an attorney by overnight delivery at the address designated by the attorney more...

No Oral Argument Unless Directed By Court

The parties may only appear to argue a motion if so directed by the Court, by rule, or more...

Disposition Without Appearance

The court may make provision by rule or order for the submission and determination of motions without oral more...

Proposed Orders

Presented to Clerk NOT Directly to Judge

Proposed orders, judgments, and decrees must be presented to the clerk, not directly to the judge.. more...

Notice of Settlement Required

Unless the form of order, judgment or decree is consented to in writing, or unless the court otherwise more...

Proposed Order Not Part of Record

Unless adopted by the court or submitted for docketing by a party in connection with an anticipated appeal, more...

Append List of Parties to Receive Notice

The party who obtains entry of an order or judgment must append to or endorse upon it a more...

Orders on Motions

Memorandum Decision

A memorandum decision on a motion that does not finally determine all claims for relief, or an oral more...

Order In More Extended Form

Where an order in more extended form is required, the notation in the docket constitutes the entry of more...

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