Understanding a Motion to Strike: Purpose and Process
What Is a Motion to Strike?
A motion to strike is a formal request filed with the court asking that a specific part of the opposing party’s pleading, discovery response, or even an exhibit be removed from the record. In plain English, it’s the legal equivalent of saying, “That paragraph doesn’t belong here.” The request is usually grounded in procedural rules—most notably Federal Rule of Civil Procedure 12(f) in the United States—and is aimed at sharpening the issues before the judge.
When Do Parties Typically File It?
Litigants resort to a motion to strike at several points in a case. Early on, a plaintiff might seek to strike a defendant’s answer if it contains redundant or scandalously false statements. Later, during discovery, a party may move to strike overly broad or irrelevant interrogatory answers. Even at trial, attorneys sometimes file a motion to strike portions of the opponent’s evidence that fail to meet relevance or authenticity standards.
Common Grounds for Striking
- Irrelevance or immateriality – The material does not relate to any claim or defense.
- Improper form – The pleading violates formatting rules or contains surplus content.
- Privilege violations – Information that should be protected, such as attorney‑client communications.
- Scandalous or frivolous allegations – Statements that are merely inflammatory and add no probative value.
How the Court Evaluates the Request
Judges apply a fairly low threshold when deciding whether to grant a motion to strike. The standard is not “beyond a reasonable doubt” but rather whether the challenged material plainly fails to meet the rule’s requirements. Courts will glance at the motion, the underlying pleading, and any supporting brief before issuing a decision—often without a full evidentiary hearing. If the judge finds the ground compelling, the offending text is excised, and the record is amended accordingly.
Procedural Steps: From Filing to Ruling
First, the moving party drafts a concise motion, citing the specific rule and explaining why the material should be struck. The motion is then served on the opposing side, who gets a chance to file a response—usually a short objection. Some jurisdictions require a brief hearing; others let the judge rule based on the filings alone. Once the court issues its order, the clerk updates the docket, and the striking party may need to file a corrected pleading that omits the removed portion.
Impact on the Litigation Timeline
When successful, a motion to strike can prune the case, saving both time and money. By eliminating irrelevant claims early, parties avoid costly discovery requests and lengthy arguments later on. Conversely, a denied motion may force the moving side to address the contested material, potentially extending the pre‑trial phase. The strategic timing of the motion—often before a scheduling conference—can therefore influence the overall pace of the lawsuit.
Strategic Considerations for Practitioners
Experienced litigators treat a motion to strike as a tactical tool rather than a mere procedural formality. Filing too early might provoke a counter‑motion, while waiting too long can make the request look like a fishing expedition. It’s also wise to weigh the public perception: striking an entire cause of action could be seen as silencing a legitimate grievance, which might backfire in the eyes of a jury. Finally, attorneys should anticipate the cost‑benefit balance—if the material in question is minor, the effort and expense of a motion may outweigh the advantage of having it removed.
Frequently Asked Questions
Q: Can a motion to strike be used to eliminate an entire claim?
A: Yes, if the claim is legally insufficient—say, it fails to state a cause of action under Rule 12(b)(6)—a motion to strike can dismiss it in whole. However, judges typically prefer a more limited strike, focusing on specific paragraphs rather than the entire pleading.
Q: What happens if the court partially grants a motion to strike?
A: The judge will specify which portions are removed and which remain. The parties must then amend their filings to reflect the court’s order, often leading to a revised pleading that incorporates the surviving material.
Q: Does a motion to strike affect the evidentiary record at trial?
A: Absolutely. Anything struck before trial is generally excluded from the evidentiary slate, unless the parties successfully appeal the order and obtain a reversal.
Q: Are there any risks to filing a motion to strike?
A: Filing a poorly grounded motion can waste resources and may irritate the judge, potentially prompting a harsher stance on future motions. Moreover, if the motion is denied, the moving party may be on the hook for the opponent’s filing fees, depending on local rules.
