motion to strike


Also found in: Wikipedia.

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)

Mentioned in ?
References in periodicals archive ?
2) The motion to strike the request for relief as to Hickory Point Township, Precinct 1;
In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court denying defendant's motion to strike the complaint and dismiss the action pursuant to CPLR 3126.
61 (denying motion to strike class claims, but allowing merit discovery and summary judgment motions as to named plaintiffs' claims before class discovery); Huzarsky v.
"For the foregoing reasons, this Court grants Plaintiff's motions, including Plaintiff's interrogatories, Plaintiff's motion to strike DeMarco's objections and to compel further answers to Plaintiff's first set of interrogatories, and Plaintiff's motion to compel DeMarco's further response to Plaintiff's request for production of documents.
The court now considers his motion to strike on the basis that the statute denies due process because it "does not require a showing of future dangerousness."
Before the case was adjourned, counsel to BCO, Barr Abdulrazaq Ahmed, told the court that the defendants' lawyer served him in court with statement of defence, counterclaim seeking N200 billion and motion to strike out BCO from the suit on the ground that the president's support group is not a juristic person as it is not registered with the CAC.
The other new arguments are that the plaintiffs they lack standing to seek indemnification from the department and Palmere has sovereign immunity, according to the plaintiffs' motion to strike.
The court also held that a party does not forfeit the right to challenge a District Court's ruling on a motion to strike a juror for cause by not using a preemptory challenge to remove the juror.
In its motion to strike, Pee Dee argued that the circuit court no longer had jurisdiction and that it was otherwise untimely.
Rose Dobbin's gelding remains lightly-raced for a 10-year-old and looks a likely improver after last month's game course and distance defeat of Motion To Strike.
Describing the motion for terminating sanctions as truly extraordinary, Guthrie wrote that he could find no case in the federal circuits where a [discovery] violation has ever been the basis of a motion to strike a party's pleading.
Katiba also filed a new motion to strike out PSC and Gichohi's replying affidavits from the court records, saying the decision by the AG to represent them was unlawful.