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A motion to strike is a way for one party to let the court know she believes that all or part of a pleading or testimony of the opposing party is insufficient, immaterial, redundant, impertinent, or even scandalous. This motion means the party filing it wants the irrelevant or scandalous testimony or pleading to be stricken. The party filing the motion is requesting that the judge remove part or all of a pleading or testimony of the opposing party.
In a lawsuit, a plaintiff typically files a suit against a defendant. The defendant has a chance to respond to the allegations and even present her defenses, which will generally indicate why the defendant did what she is accused of doing, but they can also give the defendant a chance to bypass guilt. The judge and jury will read the complaint and the defendant’s response. Moving to strike is simply an attempt to wipe out part or all of a defendant’s defenses or a plaintiff’s complaint.
Although it can be made orally during the course of a courtroom trial, moving to strike is most often made in writing. If it is made orally during a courtroom trial, the judge will be asked to strike answers that were given by a witness. The answers are usually stricken if they violate rules of evidence or laws of what is allowable during a trial. Regardless of whether it is made orally or in writing, the party making the motion must explain exactly why a pleading is irrelevant, immaterial, or scandalously erroneous. Once a motion is granted or approved, the jury and all the parties involved in the case must ignore the portion of the pleading that has been stricken.
Although a motion to strike is often used in a courtroom setting, it can also be used during the course of legal proceedings outside the courtroom. For example, a plaintiff for a case can move to strike declarations made by witnesses on behalf of the defendant. If the court grants the motion, it would be as if the declarations were never made, while if the court does not grant the motion, then the declarations remain in place.
Anytime this motion is made, the opposing party is given the opportunity to respond. After a response is made, the original party moving to strike can file a reply. Eventually, the judge must ponder the issue and make a statement as to whether the motion has been granted or denied.
Many countries use the motion to strike during their legal processes. In the United States, all of the states allow a party to strike all or part of a pleading as stated in Rule 12 of the Federal Rules of Civil Procedure. In Canada and Australia, attorneys move to strike pleadings as well, although some countries, such as India, don't use the motion. Generally, there are set rules stating how many days a party has to strike part of a pleading, and in most cases, if the party moving to strike does not do so in the appropriate time frame, the opportunity is lost.
Frequently Asked Questions
What is a Motion to Strike?
A Motion to Strike alludes to a formal request made to a court to have specific portions of a document, motion, or pleading excluded. The goal is to remove any irrelevant, unimportant, or damaging content from the paper. For instance, if a remark is unrelated to the issue or is an opinion rather than a fact, a party may submit a motion to strike. The court will review the request and determine whether to grant it based on the arguments made in the motion.
Who is authorized to file a Motion to Strike?
A Motion to Strike may be submitted by any interested party, including the plaintiff, defendant, or any other parties to the action. The motion must be submitted to the appropriate court and state why the data should be deleted.
What happens after a Motion to Strike is submitted?
The opposing party may reply following the filing of a motion to strike. If the answering party concurs with the motion, the requested information will be removed; if they disagree, the motion will either be granted or denied by the court. The information will be removed from the document if the motion is granted by the court.
What is the objective of filing a Motion to Strike?
The main goal of submitting a Motion to Strike is to eliminate unimportant, damaging, or irrelevant content from a document. This makes it more likely that the issue will be determined by relevant facts rather than by views or other ancillary material. It also aids in preventing the court from being swayed by unrelated information.
When is the ideal time to file a Motion to Strike?
It is preferable to submit a Motion to Strike as soon as the pertinent document is submitted. The motion can be rejected as being late if it is delayed. Consequently, timely filing of the motion helps ensure that it is not rejected by the court.