Duhaime's Law Dictionary


Motion to Strike Definition:

A motion put to the Court to strike a pleading or evidence of a witness.

Related Terms: Motion, Pleadings

A formal request to a trial judge by a party to disallow testimony which has already been given by a witness, to strike it as inadmissible evidence in the case.

A frequent example is evidence of alleged prior criminal conduct or conviction, or hearsay.

Where the motion to strike is accepted in a jury trial, the judge will instruct the jury to disregard what was said and objected to.

In regards to evidence, a motion to strike is also used to attack the entirety or certain parts of a proposed affidavit.

Is also used in civil litigation to refer to the application made to a court to strike a pleading such as a statement of claim or even a factum.

In the United States, the Federal Rules of Civil Procedure, at Rule 12(a):

"Motion To Strike: The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter."

Categories & Topics:


Always looking up definitions? Save time with our search provider (modern browsers only)

If you find an error or omission in Duhaime's Law Dictionary, or if you have suggestion for a legal term, we'd love to hear from you!