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 ?

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.

2 respondents in Castillo hazing case defer submission of counter-affidavits

The Competition Bureau welcomes the decision by the Competition Tribunal dismissing HarperCollins motion to strike the Commissioners application against the publisher.

Canada : Competition Tribunal issues decision, case against HarperCollins moves forward

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.

MEL B MUM GROUNDED; NEW HEARTACHE FOR SINGERVisa woe prevents flight to LA to be at sad star's side

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.

A walk through the strike zone

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.

Telecom carriers call for review of FCC's broadband report

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.

The Immediate Class Action Litigation Decisions for In-House Counsel to Make

Singh then appealed that judgment and the underlying order granting the motion to strike.

Eleventh circuit considers whether Caribbean Airlines, Ltd., a company majority-owned by the Minister of Finance of Trinidad and Tobago, qualifies for jury immunity under the Foreign Sovereign Immunities Act, 28 U.S.C. [section] 1330, in a negligence action

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.

Court says CySEC officer's evidence 'inadmissible' in BoC probe

Moreover, an unsuccessful motion to strike under California's

A SLAPP back on track: how Shady Grove prevents the application of anti-SLAPP laws in federal courts

The same firm that filed the petition, Turner and Turner, also filed a motion to strike the agency's motion on Sep.

Alabama One Court Docs Authenticity Questioned

The plaintiff brings a motion to strike defendant's answer because the defense repaired a vehicle involved in an accident:

Why Protecting Claims Evidence Matters

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.