Motion To Strike Form For Discovery In Florida
Description
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FAQ
During a jury trial, if a motion to strike witness testimony is granted, the jury is typically instructed to disregard the stricken statements.
Primary tabs. 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.
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.
PRACTICE TIP: Courts consider striking a party's pleading to be an extreme measure, and motions to strike are viewed with disfavor and infrequently granted. POL. Many courts consider filing this motion as a dilatory tactic.
(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.
I. Reason for Motion to Strike A motion to strike can be brought to strike any “irrelevant, false or improper matter inserted in any pleading,” or to challenge a pleading that is “not drawn or filed in conformity with the laws of this state, a court rule or order of court.” (Code Civ. Proc., § 436.)
Motion to strike. 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.
Under the Federal Rules of Civil Procedure, discovery is intended to occur with limited intervention by the court, absent a dispute arising. However, in cases where a motion to dismiss is filed, judges are routinely asked to stay discovery while that motion is pending.
Ex Parte Motion to Compel: When a motion to compel discovery alleges a complete failure to respond or object to discovery and affirmatively states that no timely request for extension of time has been served, an ex parte order on the motion may be entered by the court which requires compliance with the original ...
