Motion To Strike

A Demurrer is used to challenge the legal sufficiency or clarity of the claims. A Motion to Strike is used to challenge improper or irrelevant information, or complaints not made in conformity with laws, rules, or court orders.If the Motion to Strike is denied, the defendant may file an Answer.

What happens after a motion to dismiss is filed in a civil litigation, does the case continue while the Court is deciding whether to grant or deny the Motion?Finally, the judge will decide to grant or deny the motion. But there could be months between the moving papers and the decision.

To strike "irrelevant, false or improper matter inserted in any pleading" b. To strike a pleading or part of a pleading "not drawn or filed in conformity with the laws of this state, a court rule or order of court." (C.C.P. ? 436). This includes striking an unverified answer to a verified complaint.

A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court.

If the court strikes your pleadings, it means that the court will remove your pleadings (either your Divorce Complaint or Answer and Counterclaim if you are the defendant) and the other party will have the opportunity to proceed on a default...

A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record.The motion can be made by a party within an allotted time frame, or can be raised by the court, called sua sponte.

In effect, in both kinds of cases, the lawyer asks the judge to direct a verdict for the defendant. The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.

When a judge denies a defendant's motion to dismiss, the case will continue because defendant did not convince the judge to terminate the case. The plaintiff has not won (yet).In a civil litigation, when a judge denies a defendant's motion to dismiss, the case continues instead of ending early.

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.