Motion To Strike For More Definite Statement In Wake
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(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading.
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, ...
Rule 12— Defenses and Objections— When and How Presented— By Pleading or Motion— Motion for Judgment on the Pleadings. (a) When Presented. (1) Unless a different time is prescribed in a statute of the United States, a defendant shall serve an answer.
Rule 12(b)(6) is a provision under the Federal Rules of Civil Procedure that allows a defendant to seek dismissal of a complaint for failure to state a claim upon which relief can be granted.
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.
A motion for a more definite statement is designed to provide a party with a remedy when it is served with an unintelligible pleading. See Point of Law (POL); see Smart Code®. A motion for a more definite statement must be filed before filing a responsive pleading. FRCP 12(e).
Summary. Rule 12(f) allows courts to strike redundant, immaterial, impertinent, or scandalous matter from pleadings. Judge Hollander's opinion in Blevins v. Piatt provides clear criteria for granting or denying a Rule 12(f) motion.
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. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.
