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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Meanwhile, Paterno Esmaquel, Solano's lawyer, also submitted a three-page motion to strike out the judicial affidavit given by his client after noticing that it was not subscribed before DOJ Assistant State Prosecutor Susan Villanueva, who heads the three-man panel of prosecutors investigating the case, nor any other officer authorized to administer the oath.
The Competition Bureau welcomes the decision by the Competition Tribunal dismissing HarperCollins motion to strike the Commissioners application against the publisher.
The 14-page Motion To Strike Punitive Claims and Allegations states that Gilles's allegation that she was libelled by Mel could not stand up in court.
But just like a poorly calculated pitch invites a homerun, a poorly delivered or premature motion to strike can stunt a party's chances for victory.
NASDAQ: FRP) and Frontier Communications (NASDAQ: FTR) have filed a motion to strike an earlier report from the FCC's hired economist, the company said.
Additionally, the in-house team and its outside counsel should also consider filing an early motion to strike the class allegations before the plaintiff moves for class certification or the parties have engaged in any significant discovery.
At the same time, the three-judge bench rejected a motion to strike written representations made by the bank to CySEC, on the grounds that the bank incriminated itself in providing this material.
The same firm that filed the petition, Turner and Turner, also filed a motion to strike the agency's motion on Sep.
The plaintiff brings a motion to strike defendant's answer because the defense repaired a vehicle involved in an accident:
Despite agreeing to language in the Settlement Agreement that all disputes would be heard at the Federal Court, the province brought a motion to strike the claim and that the Federal Court did not have jurisdiction.