A motion to strike is a legal motion that can be brought by either side of a case, requesting that the court or other legal tribunal remove certain details from the record. Motions to strike are typically used when a party wishes to object to facts or wording that were included as part of a document submitted to the court. Parties may file a motion to strike when the language included in the document is incomplete, unclear, misleading, prejudicial or irrelevant to the case at hand.
For example, an opposing party may file a motion to strike certain facts or language that has been included in a plaintiff’s claim. The nature of the motion to strike would then be argued by both sides during a hearing that is typically conducted in a courtroom. If the motion is granted, then the facts or language in the claim would be removed and the case would continue without the details included in the original document.
Examples of When to File a Motion to Strike
One of the most common examples of when to file a motion to strike would be when parties are involved in a contract dispute. A party may want to remove certain language in the contract that was included by the opposing party. This could be because it was not properly written, not inclusive of all parties, or misleading to one of the involved parties. The motion would then be handled during a legal hearing, and, if granted, the language would be removed from the terms of the contract.
Another example includes filing a motion to strike against the opposing party’s pleadings. This could be done when the pleadings appear to contain false facts or contain language that would prejudice one side of the case. The hearing to decide whether the motion to strike should be granted will involve arguments from both sides regarding the accuracy of the pleadings.
Important Factors to Consider
When considering whether to file a motion to strike or not, it is important to be certain that the language or facts being objected to are actually invalid lest an unfavorable ruling be given. The court will conduct a hearing to determine whether the motion is valid, and during this time, both parties are given the opportunity to voice their arguments. The court will then make a ruling on whether the details should be stricken or not.
It is also important to keep in mind that motions to strike should be filed in a timely manner. These motions must be filed shortly after the objection is noticed by the party filing the motion. If the motion is not filed in a timely manner, the court may then issue a ruling that the motion to strike is not valid.
Motions to strike can be an effective way to remove specific language or facts from a court case. Understanding when to file a motion to strike and the importance of making sure the motion is valid allows parties involved in a case to ensure that only valid information is included on the case record.