Motion to Strike - Litigation Education Sheet

We filed a Motion to Strike in your case? Here's some general information on what is a Motion to Strike.

Motion to Strike

 What Is It, Why Did We File It, and What Happens Next?

 

What is it?

A motion to strike is a motion we file directed at a certain document filed by the other party. Our motion attacks the appropriateness of the other party even attempting to file that document in your case.

A motion to strike will generally be titled “Motion to Strike (Name of Offending Document)”

Why did we file it?

            We file motions to strike when the offending document is something we consider too objectionable to even be allowed to stay in the record. In some cases inappropriate papers can simply be objected to, but when a paper is so far outside of the subject of the litigation, when the content is of a nature that we believe it must not even be allowed to exist in the record, and when the rules and the case law allow it, we will move to strike that material via a Motion to Strike. The reasons we filed one in your specific case are contained in the document itself.

What happens next?

If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.

            You should take the time to read the Motion to Strike we filed in your case. If you have any questions after reading it, please leave a comment in MyCase or call the office at 941-400-8998 and we'll be happy to give you any extra information you might need.

Respectfully,

McKillop Law Firm

Our Family, Serving Yours

Current as of: 7/27/2017

McKillop Law Firm

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