How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Legal question
Type Your Legal Question Here...
characters left:
9 Lawyers are Online Now

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.
Ask a Legal question
Type Your Legal Question Here...
characters left:
9 Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21198
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21198
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18394
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8492
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3852
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent Motion to Strike Questions

  • Federal Court Defendants answered the complaint, I motioned

    Federal Court Defendants answered the complaint, I motioned to strike and/or have them amend their pleadings. Court Struck one pleading then Ordered them to file an amended answer by date X. On date X-3 defendants filed their amended answer. Then ten days later they filed an amended answer with 3 additional affirmative defenses one of which was not pled in either of their prior answer, or amended answer.
    They are claiming that they were allowed to amend their answer and that their amended answer was an answer and now they are amending according to the FRCP.
  • I This is not a duplicate did a judgment debtor exam of the

    I did a judgment debtor exam of the debtor and a third party claiming a possessory interest in the debtor's real property. There were several questions they both refused to answer and I had to request the court rule on those questions. The debtor filed an objection to not have to answer with the court. The third party filed an opposition to the request to answer and included a request for $1000 in attorney's fees. The court ruled, saying some of the debtor's questions must be answered, but did not sustain any of the requests for the third party to answer - and nothing more was said, i.e. nothing about any attorney's fees being owed. I then received a memorandum of costs claiming $1141.65 in deposition costs, $293.97 in service of process costs (no service was ever done by a process server), $45,400 in attorney fees and $401.73 in "Other" costs, totaling $47,237.35 in the memorandum of costs. As the prevailing party, I don't think I should be paying any fees. Is there any way these costs might be legitimately claimed due? And if not, I assume if I get an attorney to file a motion to strike/tax costs, I would be likely prevail and could be awarded my costs in having to file the motion to strike the memorandum of costs, correct?
  • the use of affidavits in summary.. is it unusual to speak to

    the use of affidavits in summary.. is it unusual to speak to two affidavits by two people swearing the the accuracy of the accounting ... and then footnote that at this time the accounting document they swear is accurate isn't complete yet and callit exhibit F which isn't availlable
< Last | Next >