Define: Motion To Strike

Motion To Strike
Motion To Strike
Quick Summary of Motion To Strike

A motion to strike is a legal request made by one party in a lawsuit to ask the court to remove certain allegations, claims, or defenses from the pleadings filed by the opposing party. The motion typically argues that the challenged portions of the pleadings are irrelevant, immaterial, or improper, and therefore should not be considered by the court in determining the outcome of the case. Grounds for a motion to strike may include allegations that are scandalous, redundant, impertinent, or legally insufficient. Courts have discretion to grant or deny a motion to strike based on the merits of the arguments presented. If granted, the stricken portions of the pleadings are removed from the case, narrowing the issues to be considered by the court.

What is the dictionary definition of Motion To Strike?
Dictionary Definition of Motion To Strike
n. a request for a judge's order to eliminate all or a portion of the legal pleading (complaint, answer) of the opposition on any one of several grounds. It is often used in an attempt to have an entire cause of action removed ("stricken") from the court record. A motion to strike is also made orally during trial to ask the judge to order "stricken" answers by a witness in violation of rules of evidence (laws covering what is admissible in trial). Even though the jury is admonished to ignore such an answer or some comment, the jury has heard it, and "a bell once rung, cannot be unrung.
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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

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