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?


Asked on 11/01/04, 6:05 pm

2 Answers from Attorneys

Blake Lipman Law Office of Blake P. Lipman

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.

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Answered on 11/02/04, 11:18 am
William Stern William Stern, P.C.

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

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Answered on 11/02/04, 6:34 am


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