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Civil Procedure • Motions to Strike
CIVPRO#046
Legal Definition
Generally, a party may motion to strike irrelevant, false or improper matters. Typically, this involves incoherent or extraneous allegations or claims that do not relate to a legitimate claim, or evidentiary but not ultimate facts.
Plain English Explanation
A motion to strike is the legal equivalent of taking a Sharpie and crossing out a part of a party's submission to the court (e.g., a plaintiff's complaint, or a defendant's answer). You are basically telling the court, "this part shouldn't be considered by the court because it is false, or improper, or irrelevant."
Hypothetical
Hypo 1: Sam sues Bob for contract damages. In Bob's answer to Sam's complaint, he writes: "Sam's mother was a hamster and his father smells of elderberries!" Result: Sam will likely make a motion to strike Bob's crazy comments, and the motion should be granted. This will effectively remove this portion from Bob's answer.
