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)

References in periodicals archive ?
Hogan's failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore in questioning," it said, adding that this would have triggered a motion to strike him from the list of jurors, either for cause or as a peremptory strike.
The trial court granted the defendants' motion to strike all four counts of the plaintiff's revised complaint.
On January 20, 2009, the defendants filed a motion to strike, asserting, as Waveny did in its motion to dismiss that the complaint was legally insufficient because it sounded in medical malpractice but failed to comply with the law.
A motion to strike the class allegations could lead, as it did in Pilgrim, to early case dismissal.
The defendants filed an emergency motion to strike Service Experts' voluntary dismissal and argued, among other things, that the common law exception to voluntary dismissal should be applied to prevent the action from being dismissed.
Olympia/ WASHINGTON, Nov 2, 2011 (WAFA) - On behalf of the Olympia Food Co-op, lawyers from the Center for Constitutional Rights (CCR) and Davis Wright Tremaine LLP filed a motion to strike the lawsuit that has been filed against the Co-op in response to its boycott of Israeli products, according to press release by the Co-op published Wednesday.
The court determined this error could be imputed to the County and overruled the County's motion to strike as to the 90 parcels assessed at either $75,000 per acre or $1,000 per acre.
Then you raised your hand in a sudden motion to strike him, that's when he headbutted you.
Accordingly, the court held that the trial court properly denied the plaintiff's motion to strike the answer of the defendants Dr.
The volume includes citations for supporting and opposing motions, summary judgment or partial summary judgment, dismissal based on deficiency in pleading, motion to strike, motion for judgment on the pleadings, motions to quash and dismiss, and related dismissal motions.
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.