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motion to strike

   Also found in: Wikipedia 0.01 sec.

motion to strike n. a request for a judge's order to eliminate all or a portion of the legal pleading (complaint, answer) of the opposition on any one of several grounds. It is often used in an attempt to have an entire cause of action removed ("stricken") from the court record. A motion to strike is also made orally during trial to ask the judge to order "stricken" answers by a witness in violation of rules of evidence (laws covering what is admissible in trial). Even though the jury is admonished to ignore such an answer or some comment, the jury has heard it, and "a bell once rung, cannot be unrung." (See: motion, strike)



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Metropolitan has also filed a motion to strike Rogers and Bridges, and for a continuance to prepare for trial in the event Washington County Circuit Judge Kim Smith accepts Terminella's second amended claim.
if the defendant filed a demurrer or a motion to strike, the motions given by the defendant must be heard and judged before the main issue of the civil action could proceed.
By and large, most judges recommended either a motion to strike and/or a motion to file a limited response to the new argument.
 
 
 
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