CIVIL LAW - MOTION TO STRIKE - A Motion to Strike is a request by one party requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs to a defendant's answer or other pleadings such as cross-complaints (State & Federal Courts).
The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter."
Similarly, for example, the California Code of Civil Procedure provides that a Motion to Strike may be made to strike out any "irrelevant, false, or improper matter inserted in any pleading."
A motion to strike may also be used to request the elimination of all or a portion of a trial witness's testimony. During a jury trial, if a motion to strike witness testimony is granted, the jury is typically instructed to disregard the stricken statements.
Does not include any State or Federal Court Fees or any Third-Party Costs such as Process Server or E-Filing Fees.
CIVIL LAW - MOTION TO STRIKE (Nationwide)
CIVIL LAW - MOTION TO STRIKE - A Motion to Strike is a request by one party requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs to a defendant's answer or other pleadings such as cross-complaints (State & Federal Courts).
The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter."
Similarly, for example, the California Code of Civil Procedure provides that a Motion to Strike may be made to strike out any "irrelevant, false, or improper matter inserted in any pleading."
A motion to strike may also be used to request the elimination of all or a portion of a trial witness's testimony. During a jury trial, if a motion to strike witness testimony is granted, the jury is typically instructed to disregard the stricken statements.
Does not include any State or Federal Court Fees or any Third-Party Costs such as Process Server or E-Filing Fees.