Motion To Strike Answer In New York
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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).
Whatever is said in the deposition can be taken as evidence during trial. When you give your testimony at this deposition, and you have said something in error, then you can correct it before your case goes to trial.
What happens next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.
File a response to the motion to strike. In your response, you should argue that your answer to the defendant's motion for summary judgment was not too long and that it added new information to the case. You should also argue that the defendant's motion to strike should be denied.
Stricken basically means that the answer didn't happen, and is followed by an admonishment that the answer is to be disregarded by the jury. The court reporter will clean up the transcript. The answer will be stricken from the record, the question remains because it serves as a basis for an appellate issue.
Striking Testimony: On some occasions, after a witness has testified, the judge will order certain evidence stricken from the record and will direct the jury to disregard it. When this is done, the jury will treat the evidence stricken as though it had never been given.
"Stricken" in relation to a hearing means the hearing is not going to be held. "Stricken" in relation to a piece of information (such as a particular section of someone's testimony) means whatever was stricken will not be considered. "Stricken" should not be used with an entire case....
The Reply in Support of the Cross Motion. If a cross motion is filed, the party filing the cross motion is authorized to file a reply in response to the affidavit in opposition to the cross motion. It consists of an affidavit, an affirmation, and exhibits, if any.
When you respond to a motion, be clear and direct about your legal position. Begin with an introduction that summarizes the nature of the motion and states your position. Develop key points to answer every argument your opponent made. Then, present your arguments in a logical sequence.
First, a motion is simply a request to the court that is put into writing. A motion to strike means that we are asking the court to throw out the answer that was submitted by the defense lawyer.