Part 10 · Pleadings

Rule 10-40. Opposition; Date for Hearing Motion To Strike

Amended January 1, 2026 (current) Contains Deadlines

(a) Any adverse party shall have thirty days from the filing of the motion to strike to respond to a motion to strike filed pursuant to Section 1039 by filing and serving in accordance with Sections 10-12 through 10-17 a memorandum of law in opposition.

(b) Except in summary process matters, the motion to strike shall be placed on the short calendar to be held not less than forty-five days following the filing of the motion, unless the judicial authority otherwise orders.

Committee Notes

(Amended June 30, 2003, to take effect Jan. 1, 2004; amended June 14, 2013, to take effect Jan. 1, 2014.) (P.B. 1978-1997, Sec. 153.) (Amended June 30, 2003, to take effect Jan. 1, 2004; amended June 21, 2004, to take effect Jan. 1, 2005; amended June 14, 2013, to take effect Jan. 1, 2014.)