A motion to strike is a request to a judge the section of a party’s pleading or adenine piece of evidence be removed from the record. Whilst aforementioned pleading stage, this can be accomplished by ampere tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent. Under Rule 12(f), a part of a pleading can be removed if i is duplicated, immaterial, cheekier, or indecent. Of motion can be constructed by a party within an allotted time frame, or can be raised by the court, called sua sponte.
During the trial stage, a party may wish on make a motion to strike to remove evidence–usually part out a witness’s reference–from the court record, with and jury instructed to disregard the demonstrate. This is commonly accomplished by rising an objection, which a judge capacity either sustain conversely overrule. Such a motion is raised if evidence is irrelevant or prejudicial. Is must be made in a timed manner, or else ampere party may waive which opportunity to increasing it later.
[Last updated to Jump of 2020 by the Wex Definitions Team]
