Motion to strike, a legal action, requests that a court dismiss or remove specific portions or the entirety of a pleading, complaint, or other document. This motion is typically filed by the defendant in response to the plaintiff’s initial complaint. The grounds for a motion to strike can include irrelevance, redundancy, immateriality, or privilege.
Defining the Motion to Strike
A motion to strike is a formal request to the court to dismiss all or part of a pleading (such as a complaint, answer, or counterclaim) because it fails to comply with the applicable rules of procedure. Motions to strike can be used to challenge a variety of defects in a pleading, including:
- Lack of subject matter jurisdiction: The court does not have the authority to hear the case.
- Lack of personal jurisdiction: The court does not have the authority to exercise personal jurisdiction over the defendant.
- Failure to state a claim upon which relief can be granted: The pleading does not allege sufficient facts to state a valid legal claim.
- Redundancy: The pleading contains unnecessary or irrelevant material.
- Immateriality: The pleading contains facts that are not relevant to the legal claim.
- Scandalous or indecent matter: The pleading contains material that is offensive or inappropriate for judicial consideration.
How to Structure a Motion to Strike
A motion to strike should be concise and well-organized. It should state the grounds for the motion clearly and specifically. The motion should also be supported by a memorandum of law that explains the legal basis for the motion.
The following is a suggested structure for a motion to strike:
- Introduction: State the name of the case, the court, and the parties involved. Briefly identify the pleading that is being challenged.
- Statement of Grounds: State the specific grounds for the motion to strike. Be sure to cite the applicable rules of procedure.
- Argument: Explain the legal basis for the motion to strike. Discuss why the pleading fails to comply with the applicable rules of procedure.
- Request for Relief: State the specific relief that you are requesting from the court. For example, you may request that the court dismiss the entire pleading or strike specific portions of the pleading.
Table of Grounds for a Motion to Strike
| Rule | Ground |
|---|---|
| Rule 12(b)(1) | Lack of subject matter jurisdiction |
| Rule 12(b)(2) | Lack of personal jurisdiction |
| Rule 12(b)(6) | Failure to state a claim upon which relief can be granted |
| Rule 12(f) | Redundancy |
| Rule 12(g) | Immateriality |
| Rule 12(h) | Scandalous or indecent matter |
Question 1: What constitutes a motion to strike?
Answer: A motion to strike is a request to the court to remove a specific pleading or portion of a pleading from the case, such as a complaint, answer, or counterclaim. It is a procedural device used to challenge the legal sufficiency of an opposing party’s pleading.
Question 2: On what grounds can a party file a motion to strike?
Answer: A party can file a motion to strike based on various grounds, including: irrelevancy, immateriality, prejudicial effect, lack of specificity, failure to state a claim upon which relief can be granted, or failure to state a defense.
Question 3: What are the steps involved in filing a motion to strike?
Answer: To file a motion to strike, a party must submit a written motion to the court, stating the grounds for the motion and the specific pleading or portion of the pleading they are seeking to strike. The party must also provide a memorandum in support of the motion, arguing why the pleading should be removed from the case.
Alright then, I hope that explanation was useful to you. If you found yourself wondering what a motion to strike was, then I’m sure you at least got something out of this. If you have any more legal questions, be sure to visit us again sometime!