HopefullyInLawSchool
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Simple English definitions for legal terms
Motion To Strike
Read a random definition: Patient Protection and Affordable Care Act of 2010
A quick definition of Motion To Strike:
A motion to strike is a request to a judge to remove part of a party's statement or evidence from the record. This can be done during the pleading stage or at trial. During the pleading stage, a party can use Rule 12(f) to remove a part of a statement that is unnecessary or inappropriate. At trial, a party can object to evidence that is irrelevant or unfair. If the judge agrees, the evidence will be removed from the record, and the jury will be told to ignore it.
A more thorough explanation:
A motion to strike is a request made to a judge to remove a part of a party's pleading or a piece of evidence from the record.
During the pleading stage, a motion to strike can be made by a party or raised by the court. This can be done using a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent. Rule 12(f) allows a part of a pleading to be removed if it is redundant, immaterial, impertinent, or scandalous.
If a party includes irrelevant or scandalous information in their pleading, the opposing party can make a motion to strike that part of the pleading from the record.
At the trial stage, a party may make a motion to strike to remove evidence from the court record. This is usually done to remove part of a witness's testimony, with the jury instructed to disregard the evidence. A judge can either sustain or overrule the objection raised by the party.
If a witness provides testimony that is irrelevant or prejudicial, a party can make a motion to strike that part of the testimony from the record.
It is important to note that a motion to strike must be made in a timely manner, or else a party may waive the opportunity to raise it later.