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The motion to strike a defense must be asserted within 20 days of the responsive pleading or motion. Additionally, the defendant, though not able to file a pleading in response to a plaintiff's reply pleading, may nonetheless move to strike a defense raised in a reply within 20 days of the reply.
(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.
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. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.
Motions to Strike are important A Motion to Strike can be a vital tool that attorneys can use to their advantage. If an attorney is successful, they can eliminate evidence or statements presented by their opponent. If the evidence is important to the other party's claim, it can turn the tide of a lawsuit.
A motion to strike, if granted, has the effect of excising extraneous or irrelevant statements from a pleading; a motion to dismiss (often referred to as a demurrer in your state, if based on insufficiency to state a claim for which relief can be granted--see Federal Rule 12(b)(6)), if granted, has the effect of ...