Grounds for a motion to strike include the following: The pleading is false; that is, untrue. The pleading is filed without the required leave of court. The form of pleading is in violation of a court order. The pleading is filed late. The pleading is barred by the statute of limitations. The pleading must be verified.
A motion to strike may be brought against complaints, cross-complaints, answers and demurrers. A motion to strike can be brought against an entire pleading, or any part of a pleading.
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.
A motion to strike is a legal request made to a court to remove certain parts of the opposing party's pleadings. This can include irrelevant, redundant, or legally insufficient material from a complaint, answer, or other legal documents.
Your court may have a specific form that needs to be filed for a motion, and you will usually also submit supporting documents like an affidavit in support of the motion, a memorandum of law (if necessary), and exhibits that would be admissible at a hearing.
A. Any certified or duly recognized bargaining representative may declare a strike in cases of bargaining deadlock and unfair labor practice. Likewise, the employer may declare a lockout in the same cases.
Georgia State Court — a motion to dismiss filed at or before the time of filing an answer will result in a stay of discovery for 90 days or until the court rules on the motion.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
Georgia State Court — a motion to dismiss filed at or before the time of filing an answer will result in a stay of discovery for 90 days or until the court rules on the motion.
(f) Motion to strike. Upon motion made by a party within 30 days after the service of the pleading upon him, or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.