Linda Roch : Hello and welcome! If you have any other questions, please let me know and please leave positive feedback.
Linda Roch : Here is a sample Motion to Strike. Depending on what you want to strike, you can follow this format as there is no form. Just follow the formatting on this sample and put in your own information as to what you would like to strike.
Linda Roch : http://www.ecy.wa.gov/programs/wr/rights/Images/pdf/2182010_easterday_motiontostrike.pdf
Linda Roch : http://www.docstoc.com/docs/43544791/PLAINTIFFS-MOTION-TO-STRIKE-PORTIONS-OF-THE-AFFIDAVIT-OF
Thank you. I am using it to strike a motion filed by the opposing party pro se although they have a counsel of record.
Linda Roch : A Motion to Strike is usually used to strike some kind of pleading made by the other party. If the other party filed a Motion, you can object to the Motion by filing a response.
Linda Roch : Please leave positive feedback if this has helped.
Yes I have already filed my response. However, I want to also cover my bases and file a motion to strike their entire motion on the grounds that it is not properly filed since they have an attorney of record who should have filed it. Is this an affirmative defense to strike their motion?
Linda Roch : Not necessarily. Just because they have an attorney of record may not necessarily mean that the attorney has to file the motion. You can go ahead and file that but you will probably not win on that sole fact.
thanks. that is helpful. one of the motions in question is a motion for new trial that was filed on the 30th day after a final order was made. I believe the opposing party filed this motion as a precusor to appeal the final judgement. can filing the motion to strike in addition to the response that i have filed help my case since I do not want this case dragged out any longer and to appeal
Linda Roch : Again, you can file the Motion but unless you win on the actual substance of the Motion, I don't think that the fact that the attorney ddi not file the Motion will help win the case. Now if the party is a corporation and they file the Motion on their own instead of having their attorney do it, sometimes that will actually help you win the case as sometimes a corporation is not allowed to represent themselves in certain circumstances.
Ok I think I see what you mean. If my response prevails then at the botXXXXX XXXXXne it has the same desired effect of a motion to strike which is to deny opposing party's pleading. Is this an accurate interpretation?
Linda Roch : 'yes it is
Linda Roch : Please leave positive feedback. Thank you!