Legal Question in Family Law in Michigan
Overcoming a motion to strike complaint
I received a motion to strike my complaint because I did not number my paragraphs in my complaint and because my paragraphs consisted of 7 sentences. Is there a way to overcome this motion. What should I present at the hearing for the motion?
2 Answers from Attorneys
Re: Overcoming a motion to strike complaint
There is no quick or easy answer to this question. Much depends on the judge as certain judges give a lot of leeway to in pro per litigants (representing themselves). The best way to handle this issue is to amend your complaint to conform to the court rules. If you are unsure about the correct form, perhaps you should consider hiring an attorney. For more info, please contact my office at (248)851-3171.
Re: Overcoming a motion to strike complaint
Just ask the judge if you can file an amended complaint. He or she should allow it as amendments to complaints are freely granted, especially if there is no prejudice to the other side. The fact that you are in such a predicament shows that you definitely need a lawyer. You can only imagine other things that may happen needlessly. William S. Stern 248-353-9400