(f) Motion to Strike. A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time.
A motion to strike a defense under Rule 1.140(b) must be brought within 20 days after service of the pleading.
Though either party can file a motion to dismiss if they believe the case should be terminated for legal reasons (e.g., lack of jurisdiction, failure to state a claim), it is typically the defendant who files such a motion. This is not a traditional pleading but can be part of the pre-trial process.
What is the time to respond to motion to dismiss? The time for a response to a motion to dismiss in Florida will depend on the court. In general, the opposing party will have approximately two to three weeks to answer to a motion to dismiss.
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.
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 motion for reconsideration of the judge's order granting the motion to strike. In your motion for reconsideration, you should argue that the judge made a mistake in granting the motion to strike. You should also argue that the judge should reconsider his or her order and deny the motion to strike.
Open and honest communication is key to resolving a labor strike. Offer to meet with workers to listen to their concerns and grievances. Be empathetic, respectful, and honest. This will help to build trust and promote a positive relationship with workers.
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.
Motion to Strike This asks the court to take something out of the Complaint because it is not understandable, it is repetitive, it isn't legal, or it doesn't matter. This motion can help to limit what the case is about so you do not have to defend that part of the case.