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Motion to Strike Questions

What is a motion to strike?

A motion to strike is a legal motion used by a party involved in a trial that requests the judge to remove a portion or an entire pleading given to the court. A motion to strike is also used when an attorney wants the judge to remove a portion or entire witness testimony. When a motion to strike occurs in a jury trial and is accepted by the judge, the judge will instruct the jury to ignore the statement that is stricken. For example, if a witness says they think someone is unstable, the opposing attorney would usually ask the judge to strike the statement from the record based on the fact that the witness isn't an expert and cannot diagnose another individual. The judge would then instruct the jury to disregard the statement. The jury couldn't use the statement as a basis to form an opinion. Below are the most frequently asked questions about motion to strike complaints.

In Florida, if you are filing a motion to strike exhibit in a pro se case, are you required to state why you wish to strike the exhibit? Do I need to file it as an affidavit

It isn't necessary to attach an affidavit when filing a motion to strike the exhibits, but if you want to, you can. You are required to explain the legal reason that you don't want the exhibits to be admitted or used during the trial. You may also want to mention that you are basing the statements from what you are aware of. However, if you are pro se (representing yourself in court) the court will presume that the statements made are based on your awareness of the situation.

Can you combine a demurrer and motion to strike? Or do they need to be filed separately?

There is no need to file the demurrer ("to object") and the motion to strike can be combined into one motion. You would label the motion a motion to dismiss or demurrer and explain to the court why you think the case should be thrown out, then explain why the court should strike the pleading or evidence if the case isn't dismissed.

What does "motion to strike jury demand" mean?

The motion is made when one party wants a jury trial and the opposing party objects to the jury trial based on whatever reason they may have. This usually occurs when there isn't a need for a jury trial or the opposing party feels the other party has no right to request a jury trial in a specific manner. The motion is an attempt to have the court remove or strike a pleading.

When dealing with the legal system, it is always a good idea to consult with an Expert in the legal field. A Law Expert can assist you when preparing for a trial and can explain what you can expect when going to court. The motion to strike plays a large part in a trial and it is necessary to understand how the motion works. Be consulting with an Expert, you can be assured to enter the court room with a more clear idea of how the proceedings will go.

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Recent Motion to Strike Questions

  • I need info. on how to get a extention in federal court on

    I need info. on how to get a extention in federal court on a notice to appeal . the final judgment and summary judgment motion motion to strike was ordered the same day . the deadline is 12/05 2014 .
  • What are the rules for hearings on motions in California? A

    What are the rules for hearings on motions in California?
    A link would be best. I've found the CRC and CCP, of course, but there's a ton that's obviously either implicit or established in some other source.
  • Given litigation privilege, does a party who was deceived by

    Given litigation privilege, does a party who was deceived by an adverse party's attorney have any potential recourse? Can he sue the adverse party instead of the attorney for the attorney's fraudulent communication?
    If necessary, assume the attorney's conduct was patently fraudulent, outrageous, malicious, involved improper acts as well as word, and/or was performed at the instruction of the adverse party. I want to know the limits of this immunity, or rather of the victim's inability to recover from anybody.
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