Motion To Strike Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Motion To Strike, written in plain English, along with examples of how it is used.
What is Motion To Strike?
It is a motion introduced or inacted by one party to request the Judge’s order to remove, eliminate or make immaterial certain or entire portion of the opponents’ legal compliant or replies in the trials. This can be either be oral or written but is done only on certain stated legible reasons.Once the motion is accepted, the jury has to ignore or not consider those striken parts of trials, though its not possible to totally wash their brains.
History and Meaning of Motion To Strike
A motion to strike is a legal term used in civil cases when a party wants to eliminate specific portions of the opposing party's pleading, such as a statement, claim, or defense, from the case. It's a request for the judge to order the removal of certain parts of the legal complaint or reply during trials. These parts may be irrelevant, immaterial, scandalous, or impertinent. By striking them, they do not consider them when making a judgment.
The term originated from the English common law system, and in the United States, it can be traced back to the Federal Rules of Civil Procedure, which governs civil proceedings in the district courts. Rule 12(f) allows parties to move to strike any "redundant, immaterial, impertinent, or scandalous matter" from a pleading.
Examples of Motion To Strike
- A defendant's attorney files a motion to strike a certain paragraph from the plaintiff's complaint because it is irrelevant to the case.
- A plaintiff files a motion to strike a defendant's defense because it is immaterial.
- A judge grants a motion to strike testimony from a witness because it is impertinent and not relevant to the case.
Legal Terms Similar to Motion To Strike
- Motion for summary judgment - A motion requesting a judge to rule on the case without going to trial when there are no disputed facts.
- Demurrer - A motion made by the defendant in response to the plaintiff's pleadings contending that the allegations are legally insufficient.
- Motion in limine - A motion requesting the judge to prohibit or allow certain evidence from being mentioned during trial.