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 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. If no responsive pleading is permitted, a motion to strike must be made within 20 21 days after being served with the pleading. FRCP 12(f)(2)(amended eff 12/1/09).

Response to Amended Complaint

RULE AMENDED EFFECTIVE DECEMBER 1, 2009

A pleading responsive to an amended complaint is due within the time remaining for response to the original complaint, or within 10 14 days after service of the amended complaint, whichever is later. FRCP 15(a)(3)(amended eff 12/1/09).

Rule 4 Waiver

If service of the summons has been timely waived on request under Rule 4(d), defendant must serve an answer (or "respond to the complaint" see, Advisory Committee Notes, 1993 Amendment to Rule 12) within sixty (60) days after the date when the request for waiver was sent, or within ninety (90) days after that date if the defendant was addressed outside any judicial district of the United States.FRCP 12(a)(1)(A)(ii).

After Granting Motion For a More Definite Statement

RULE AMENDED EFFECTIVE DECEMBER 1, 2009

If the court grants a motion for a more definite statement, the responsive pleading must be served within 10 14 days after the more definite statement is served. FRCP 12(a)(4)(B)(amended eff 12/1/09).

Service of Notice, Motion and Affidavits Under the FRCP

RULES AMENDED EFFECTIVE DECEMBER 1, 2009

Editor's Note: Most United States District Courts have local rules that set forth requirements regarding the service of moving, opposing and reply papers.In many cases these local rules provide different requirements than those set forth in the FRCP. It is recommended practice to follow local rule requirements with respect to briefing schedules for motions. SmartRules Guides include coverage of all local motion practice requirements following coverage of the requirements under the FRCP.

Notice, Motion and Affidavits--14 Days Before Hearing

A written motion and notice of the hearing must be served at least 5 14 days before the time specified for the hearing, except, when the motion may be heard ex parte, when these rules set a different time; or when a court order which a party may, for good cause, apply for ex parte sets a different time. FRCP 6(c)(1)(amended eff 12/1/09). Any affidavit supporting a motion must be served with the motion. FRCP 6(c)(2)(amended eff 12/1/09).

Opposing Affidavits--7 Days Before Hearing

Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least 1 7 days before the hearing, unless the court permits service at another time. FRCP 6(c)(2)(amended eff 12/1/09).

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 Rule 5(b)(2)(C)(mail), (D)(delivery to court clerk), (E)(electronic means), or (F)(other means consented to), 3 days are added after the period would otherwise expire under Rule 6(a). FRCP 6(d).

Calculating the Due Date or Deadline

RULE AMENDED EFFECTIVE DECEMBER 1, 2009

Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are computed in the same way. The day of the event that triggers the deadline is not counted. All other days - including intermediate Saturdays, Sundays, and legal holidays - are counted, with only one exception: If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday. FRCP 6(a)(1)(amended eff 12/1/09).

When determining the last day of a filing period stated in days, a day on which the clerk's office is not accessible because of the weather or another reason is treated like a Saturday, Sunday, or legal holiday. FRCP 6(a)(3)(amended eff 12/1/09).

The end of the last day of a period is defined as midnight in the court's time zone for electronic filing, and closure of the clerk's office for filing by any other means. FRCP 6(a)(4)(amended eff 12/1/09).

In determining what is the "next" day, one must continue counting in the same direction - that is, forward when computing a forward-looking period and backward when computing a backward-looking period. FRCP 6(a)(5)(amended eff 12/1/09).

Legal holidays are set forth and defined at Rule 6(a)(6). FRCP 6(a)(6)(amended eff 12/1/09).

 Local Rules Re Briefing Non-Discovery and Dispositive Motions

more...

Moving Papers

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

Opposing Papers

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

Reply Papers

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

Computing the Deadline

Consult Judges' Rules

Each Eastern District Judge has specific procedures governing motion practice in his or her courtroo 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 dis more...

 Rules And Requirements

Grounds for Motion To Strike

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

Face of the Pleading

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

 Motion Papers

Motion

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

Form of Motion Papers

Every written motion must (1) be plainly written, typed, printed, or copied without erasures or inte more...

Memorandum of Law Required

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

Page Limits on Briefs

Neither the Federal Rules of Civil Procedure nor the Eastern District of New York Local Rules provid 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, more...

Set Forth Grounds

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

Additional Requirements

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

 Evidence

Evidence

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

 Additional Documents

Disclosure Statement

File With First Appearance

A party must file a disclosure statement with its first appearance, pleading, petition, motion, resp 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 st 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 r more...

Proposed Order

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

 FILING AND SERVICE

Electronic Filing Required

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

Courtesy Copies

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

Check Motion and Individual Practices for Your Judge

Confirm chambers specific electronic filing requirements by clicking on the judicial officers Motion more...

Additional Information

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

Method of Service

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

Service by Overnight Delivery

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

 HEARING AND DISPOSITION

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 upon applicat more...

Disposition Without Appearance

The court may make provision by rule or order for the submission and determination of motions withou 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 otherwi more...

Proposed Order Not Part of Record

Unless adopted by the court or submitted for docketing by a party in connection with an anticipated 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 list of the 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 o more...

Practice Technologies, Inc. 2001-2010 exclusive of the text of Government codes

 

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