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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

  • SOCRATEASER ONLY!! 1. The judge made a tentative ruling and

    SOCRATEASER ONLY!! 1. The judge made a tentative ruling and reset the hearing for December 15----I will prepare the memorandum of points and authorities---can I include the original cross complaint and just update it? 2. On the tentative ruling for the
    motion to strike the cross complaint the court granted it to the plaintiffs based on CCP 428.50; however, I did go back and file the motion to leave court to file the cross complaint. I also filed a letter regarding this matter and stated why we needed to
    have this cross complaint heard and that it was wholly related to this case. However, the court also stated that the plaintiffs shall prepare the order??? Not sure what this means. 3. On the tentative ruling, same subject as #2 the court denied our cross complaint
    without prejudice. Stating that the defendants shall prepare the order. The court states that a motion must be filed and served at least 16 court days before the hearing, plus additional time for service by mail. But more importantly the court is requiring
    a memorandum of points and authorities.; and also stating we need to make the requisite showing for a compulsory cross complaint that is in the interest of justice to grant the leave and some reasonable excuse why the cross complaint was not filed earlier.
    So, as I work on this do I include the above i.e. reason why cross complaint was not filed earlier in my points and authorities, or do I need a separate type filing with regards ***** ***** plaintiff’s motion to strike using the CCP 426.50? Also, I did download
    and pay for the Memorandum of Points and Authorities you suggested. I guess I am not sure about the order that these go in when taking them to file. Do we have to pay another filing fee as if this is a new complaint?
  • SOCRATEASER ONLY-----The court handed down a tentative

    SOCRATEASER ONLY-----The court handed down a tentative ruling on the Motion to Strike our cross complaint. He granted the plaintiff the motion to strike, but then stated the plaintiff shall prepare the order. Our motion is denied without prejudice asking
    us to prepare the order. Our motion was not granted based on the fact that we did not file with a Memorandum of Points and Authorities. It was also not granted because we have to make the requisite showing for a compulsory cross complaint that would be in
    the interest of grant leave to file with some reasonable excuse why the cross complaint was not filed earlier (it was filed six months after the answer). So now I need to prepare the Points and Authorities, however, will need some legal rules/cases for back
    up. I can put that together and then ask you later. However, what forms do I need? Do I need to attach my Memorandum of Points and Authorities and re file the entire cross complaint? What is a justified reason that the court would accept for the six month
    delay in filing the cross complaint. Thank you
  • Lien service requirements for a property with two owners?

    Lien service requirements for a property with two owners?

    Must the lien be served to both owners? If so, would serving only one owner make the lien defective and vulnerable to a Motion to Strike or even Slander of Title?

    We're not talking about tenancy-in-common or any of those weird ownership variants where the parties are husband and wife. It's just an investment property where one party owns 35% and the other owns 65%.

    Edit: This is a mechanics lien.

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