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Sample Form 13 MOTION TO STRIKE SURPLUS AGE FROM INDICTMENT OR INFORMATION Case Number State of Alabama STATE OF ALABAMA In the Court of County v. Defendant Pursuant to rule 13.2(d), Alabama Rules
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How to fill out motion to strike surplusage
How to Fill Out Motion to Strike Surplusage:
01
Begin by identifying the case and court information, including the case name, case number, and court jurisdiction.
02
Clearly state the title of the document as "Motion to Strike Surplusage" at the top.
03
Include a concise introduction explaining the purpose of the motion, which is to request the removal or striking of unnecessary or irrelevant information from the pleading or document.
04
Provide a detailed explanation of the surplusage that needs to be struck, clearly identifying the specific portions or paragraphs that should be removed.
05
Support your argument for striking the surplusage with relevant legal grounds, statutes, rules, or case law that demonstrate why the information is immaterial, irrelevant, redundant, or otherwise improper.
06
Briefly explain the potential prejudice or harm that may result from leaving the surplusage in the document, emphasizing the importance of removing it to ensure a fair and just resolution.
07
State the relief requested, which is the court's order to strike the surplusage from the pleading or document.
08
Conclude the motion by providing your contact information, including your name, address, phone number, and email address, to enable the court or opposing party to reach you if necessary.
09
Date and sign the motion, and indicate whether you are representing yourself or representing a client in the case.
Who Needs Motion to Strike Surplusage:
01
Attorneys: Lawyers representing parties in a legal dispute may need to file a motion to strike surplusage to streamline the case and remove unnecessary or irrelevant information from the pleadings or other documents.
02
Self-represented Litigants: Individuals who are representing themselves in court proceedings may also need to file a motion to strike surplusage if they believe certain information in the pleadings or documents is immaterial, redundant, or otherwise improper.
03
Both Plaintiffs and Defendants: Motions to strike surplusage can be used by both the plaintiff (the party who initiates the legal action) and the defendant (the party being sued) in civil litigation as a means to eliminate unnecessary or prejudicial information from the record.
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What is motion to strike surplusage?
Motion to strike surplusage is a legal request made by a party to a court case to remove unnecessary or irrelevant information from a legal document or pleading.
Who is required to file motion to strike surplusage?
Any party involved in a court case can file a motion to strike surplusage.
How to fill out motion to strike surplusage?
To fill out a motion to strike surplusage, the party must identify the specific information they believe should be removed and provide reasons why it is unnecessary or irrelevant.
What is the purpose of motion to strike surplusage?
The purpose of a motion to strike surplusage is to streamline legal documents and focus on relevant information for the court.
What information must be reported on motion to strike surplusage?
The motion must clearly identify the surplusage information to be removed and explain why it is unnecessary or irrelevant.
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