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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.
At the trial stage, a party may wish to make a motion to strike to remove evidence?usually part of a witness's testimony?from the court record, with the jury instructed to disregard the evidence. This is commonly accomplished by raising an objection, which a judge can either sustain or overrule.
Motion to strike. The court on motion of a party or on its own motion may at any time and after a hearing order stricken from any pleading any insufficient demand or defense or any redundant, immaterial, impertinent, or scandalous matter.
A defendant may amend his answer once without leave of court at any time within ten days after it has been served. Otherwise, the petition and answer may be amended only by leave of court or by written consent of the adverse party.
A motion to strike means that we are asking the court to throw out the answer that was submitted by the defense lawyer. When a lawsuit is started, we are obligated to file papers known as a 'summons and complaint'. The complaint makes general allegations of wrongdoing against the person you have sued.