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. 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.
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.
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.
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.
Rule 703 permits expert witnesses to rely on a broader range of information than other witnesses when forming their opinions. However, it also provides safeguards to ensure that the jury is aware of the basis of the expert's opinion and can evaluate its reliability.
The court shall grant the motion to strike unless a defendant produces sufficient evidence to raise a genuine issue of fact regarding the designated person's responsibility for the claimant's injury or damage.
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.