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motion to strike |
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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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That's a suit filed under provisions of the Strategic Lawsuit Against Public Participation statute enacted in 1992 that allows for a motion to strike a complaint that arises from conduct that falls within the rights of petition and free speech. Accordingly, P's motion to strike that restrictive language in the notice is granted; M can file his notice of intervention. Order on Motion to Strike Affirmative Defenses, August 4, 1999 (the "August 4 Order"). |
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