Legal Definitions - Motion To Strike

A Motion To Strike is a formal request made to a judge asking them to remove specific content from the official court record. This content could be part of a written document submitted by one of the parties (often called a "pleading") or a piece of evidence, such as a witness's testimony, presented during a trial.

There are two primary contexts in which a Motion To Strike is typically used:

• During the Pleading Stage: In the early phases of a lawsuit, when parties are filing their initial written arguments and responses, a party might ask the judge to strike portions of an opponent's document. This is usually done if the information is considered irrelevant, repetitive, inappropriate, or scandalous, meaning it has no bearing on the legal issues at hand and might unfairly prejudice the case. The judge can also raise this issue on their own initiative.
• During the Trial Stage: Later, during a trial, a Motion To Strike is often used to remove improper evidence or testimony from the record. If a witness says something that is not relevant to the case, is based on hearsay (information heard from others rather than direct knowledge), or is highly prejudicial (likely to unfairly influence the jury), a lawyer can object and ask the judge to "strike" that statement. If the judge agrees, the jury will be instructed to disregard what was said as if it were never uttered. This motion must be made promptly when the improper content arises.

Here are some examples illustrating how a Motion To Strike might be used:

• Example 1 (Pleading Stage - Irrelevant and Scandalous Information):

  In a lawsuit concerning a breach of contract between two companies, the plaintiff's initial complaint includes several paragraphs detailing the opposing CEO's past personal bankruptcy and a contentious divorce, implying they are generally untrustworthy. The defendant's legal team would file a Motion To Strike those paragraphs. They would argue that the CEO's personal financial history and divorce are irrelevant to whether the company fulfilled its contractual obligations and are merely scandalous details designed to unfairly prejudice the court or jury. If the judge agrees, those specific paragraphs will be removed from the official complaint and not considered as part of the case.

• Example 2 (Trial Stage - Irrelevant Witness Testimony):

  During a criminal trial for assault, a witness is asked by the prosecutor, "Did you see the defendant physically attack the victim?" The witness responds, "Yes, I saw him do it. And I also know that he's been in trouble with the police many times before for fighting, and he's generally a very aggressive person." The defense attorney would immediately make a Motion To Strike the latter part of the witness's answer ("And I also know that he's been in trouble..."). This information about the defendant's past behavior or general character is likely irrelevant to whether he committed *this specific* assault and is highly prejudicial. If the judge grants the motion, the jury will be instructed to ignore that statement and base their decision only on admissible evidence related to the current charge.

• Example 3 (Trial Stage - Improper Document as Evidence):

  In a civil dispute over property boundaries, one party attempts to introduce an old, undated, and unsigned handwritten note as evidence of a property agreement, claiming it was written by a deceased previous owner. There is no other evidence or witness testimony to verify the note's authenticity or its connection to the current dispute. The opposing party's lawyer would make a Motion To Strike this document from being admitted as evidence. They would argue it lacks proper authentication, is speculative, and could be highly prejudicial without any verifiable connection to the case. If the judge grants the motion, the note will not be considered by the court or jury when making their decision.