Hi and welcome.
Absolutely. You really could have done it as soon as you received it. But that's OK. Do it now, but if the MOTION ITSELF was inappropriate, oppose the motion and include in your grounds the "inappropriate" argument.
But remember this is not legal advice. Run the facts with an attorney in your state and discuss this matter with him or her. To find an attorney, go online to Martindale.com. This is a nationwide directory we lawyers use ourselves to find highly qualified legal specialists in various fields of law. These lawyers are NOT in Martindale because they paid to be included. They are there because they are rated as QUALIFIED by other lawyers in their field of expertise and geographic area as it applies to your kind of case. The process is this: other lawyers are asked to fill out questionnaires giving their opinion of the quality of the work of the law firm that ultimately appears in Martindale.The site is organized geographically and by legal specialty. Consult with two or three and select the one you are most comfortable with. The Martindale listing will have the names of current or past clients. Contact those clients as references for the firm.Please press 3 or 4 or 5 below so that I may get credit for assisting you. Please do NOT press 1 or 2 since that will result in a negative rating for me whichyou may not have intended If you want further information or clarification, just ask before you accept my answer and give a rating. Also, I ask you to be fair in your rating. For instance, these should NOT have received a negative rating:a. A customer says "I ALREADY KNEW THAT".....but the expert didn't know what the customer knew or didn't know.b. A customer wants to hear "YES YOU CAN".....but the certified legal expert says "LEGALLY NO YOU CAN'T".c. The answer is short, but ACCURATE. A customer simply wants a longer answer.Thank you for reading this and for your consideration. I'm always ready to help further.rich
Sorry Posts got crossed in computer land
Let's assume it's an answer. Call it
"MOTON TO STRIKE THE ANSWER OF DEFENDANT XXXXX XXXXX"
Then in your supporting affidavit, specify the objectionable language
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