Motion To Strike In California In Montgomery
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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.
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.
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.
During a jury trial, if a motion to strike witness testimony is granted, the jury is typically instructed to disregard the stricken statements.
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.
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.
The primary purpose of a motion to strike is to clean up the pleadings by eliminating irrelevant, redundant, or legally insufficient parts. This helps in focusing the litigation on the substantive issues, thereby streamlining the legal process.
Attorneys, however, often use “motion to strike” as shorthand for “I am marking the transcript and preserving my objection, and intend to move the court after this deposition that your answer continues not to respond to the questions I am asking.” See Court Opinions.
