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Divorce Lawyers San Antonio

November 6, 2007

Sample Motion To Strike

Filed under: Sample — admin @ 3:10 pm

                                                 Atty No.
 IN THE CIRCUIT COURT
 MUNICIPAL DEPARTMENT - SECOND DISTRICT

COMMERCIAL                     
                  Plaintiffs,  
v.                                No.  2002
                                                       
SARA

 PLAINTIFF’S MOTION TO STRIKE AFFIRMATIVE DEFENSES
NOW COMES the Plaintiffs, by and through its attorneys, THE LAW OFFICES, and moves this Court to enter an order striking affirmative defenses raised by Defendant, and in support thereof, states as follows:

1. That Defendant attempts to raise nine Affirmative Defenses at the end of Defendant’s Answer to Plaintiff’s Verified Complaint.

2. That Defendant’s proposed Affirmative Defenses in fact do not meet the criteria for affirmative defenses as set forth in the Illinois Code of Civil Procedure, 735 ILCS 5/2-613(d).

3. That the affirmative defenses are improper in that they do not dispute material issues of fact which are the essence of Plaintiff’s Complaint, and that they fail to raise any defense.

4. That Defendant’s affirmative defenses should be stricken as the assertion proposed do not constitute affirmative defenses as set forth in the Illinois Code of Civil Procedure, 735 ILCS 5/2-613(d).
WHEREFORE, Plaintiff respectfully requests that this Court Strike the affirmative defenses raised and set forth as part of Defendant’s Answer to Plaintiff’s Verified Complaint.

See Also:  Divorce Phoenix

BY:                                
One of Plaintiff’s Attorneys
 

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