Motion To Strike Form With Two Points In Illinois
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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, ...
2-619. Involuntary dismissal based upon certain defects or defenses. (a) Defendant may, within the time for pleading, file a motion for dismissal of the action or for other appropriate relief upon any of the following grounds.
The 2-615 motions attack defects appearing on the face of the plead- ings. They have two basic require- ments. The first requirement is the motion must specifically point out the defect complained of. The sec- ond requirement is the motion must ask for the appropriate relief.
Under Illinois Rule of Evidence 607, the party who called the witness may not attack the witness's credibility by means of a prior inconsistent statement unless there is a showing of affirmative damage, with certain exceptions relating to the rules of hearsay.
Sec. 2-607. Bills of particulars. (a) Within the time a party is to respond to a pleading, that party may, if allegations are so wanting in details that the responding party should be entitled to a bill of particulars, file and serve a notice demanding it.
§ 21-1.01. Criminal Damage to Government Supported Property. (4) deposits on government supported land or in a government supported building, without the consent of the State, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building.
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.
At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion.
