Motion To Strike Answer
Description
How to fill out Motion Of Defendant To Strike Affidavit In Support Of Plaintiffs Motion For Summary Judgment And Notice Of Motion To Strike?
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FAQ
Against Other Pleadings 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.
2023 California Rules of Court A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be noticed for hearing and heard at the same time as the demurrer.
A motion to strike asks the court to ban a pleading, like an Answer, from being used. See CPLR 3126. A motion for contempt asks the court to fine and/or jail the other side for ignoring the court's order.
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.
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.