The plaintiff is Maria, the owner of her apartment. The lawsuit alleges that Shelly holds large parties in her apartment until the break of dawn. If the evidence is important to the other party’s claim, it can turn the tide of a lawsuit.Įxample: Shelly is the defendant in a nuisance lawsuit. If an attorney is successful, they can eliminate evidence or statements presented by their opponent. In turn, the judge will evaluate the motion to determine whether it applies to the circumstances of the case.Ī Motion to Strike can be a vital tool that attorneys can use to their advantage. Attorneys must carefully consider these rules before asking a judge for a Motion to Strike. The judge or jury is not allowed to consider it in the final decision of the legal claim.Ī Motion to Strike is appropriate when certain information can’t be proven, violates courtroom rules, or doesn’t relate to the case at hand.Įvery court has specific rules that govern when a Motion to Strike is appropriate and when a judge can grant it. If the judge approves a Motion to Strike, the court removes the information from the records. In a courtroom, the plaintiff’s or defendant’s legal team can ask for the removal of certain information given in a trial, hearing, Complaint, or Answer. In legalese, lawyers use a Motion to Strike to remove part of the other party’s pleas or evidence from the record of the judicial proceedings. If you’re facing a debt lawsuit, SoloSuit can make the process easier. Summary: A Motion to Strike can remove pleas, statements, and evidence from judicial proceedings in a lawsuit.
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