Motion To Strike Answer In Wake
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FAQ
A “motion to dismiss” is typically filed in response to a complaint and is made in lieu of filing an “answer.” Technically, a plaintiff can move to “strike” a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.
The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, ...
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.
A motion to strike is a procedural tool used in civil litigation that allows a party to request the court to remove specific parts of the opposing party's pleadings.
A motion to strike answer and affirmative defenses is a request made by a party to the court to strike the opposing party's answer and affirmative defenses from the record, usually because they are legally insufficient, irrelevant, or otherwise improper.
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.
C.C.P. § 436 allows for a motion to strike “any irrelevant, false, or improper matter asserted in any pleading” or portion of a pleading “not drawn of filed in conformity with the laws of this state.” A motion to strike is proper “when a substantive defect is clear from the face of a complaint.” (PH II, Inc.
Rule 37(c)(1) provides that when a party fails to make the required disclosures or supplement their responses, “the party is not allowed to use that information or witness to supply evidence on a motion . . . unless the failure was substantially justified or is harmless.” Id.
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.
