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Motions to Strike

A motion to strike is a legal motion given by one party requesting the presiding judge order for the removal of all or part of the other party’s pleading to the court.  It is a request for Judge’s order to remove, eliminate or make immaterial certain or entire portion of the opponent’s legal pleading on any one of several grounds.  It is often used in an attempt to have an entire cause of action stricken from the court of record.  This can be either oral or written but only under certain stated reasons.

A motion to strike is also made orally during trial to ask the judge to order to strike down the answers made by a witness in violation of rules of evidence.  If the motion is accepted, the jury has to ignore those stricken parts.  Rule 12 (4) (f) of Federal Rule of Civil Procedure states that the court may either on its own or on a motion made by a party, strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

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