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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. An attorney can also ask this when they want 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. Below are the most frequently asked questions about requesting a motion to strike.

How to have a case thrown out of court?

You would label it a motion to dismiss or demurrer and explain to the court why you think the case should be thrown out. If the case is not dismissed, then you would have to explain why the court should strike the pleading or evidence.

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.

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 and is an affidavit required?

You are required to explain the legal reason that you don't want the exhibits to be admitted during the trial. During a pro se (representing yourself in court) case the court will presume the statements made are based on your awareness of the situation. It is not necessary to attach an affidavit unless you want to.

Can a demurrer and motion to strike be combined?

The demurrer ("to object") and the motion to strike can be combined into one motion.

When dealing with the legal system, it is always a good idea to consult with an Expert with experience 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. 

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