Motion to strike (court of law)
A motion to strike is a legal motion given by one party in a trial requesting the presiding judge order the removal of all or part of the opposing party's pleading to the court. Motions to strike are most commonly asserted by the defendant to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs to a defendant's answer or other pleadings such as cross-complaints. Federal Rules of Civil Procedure Rule 12(f)states that if a complaint contains "any redundant, immaterial, impertinent or scandalous matter," it can be stricken upon motion. Similarly, California Code of Civil Procedure section 436 provides, in part, that a motion to strike may be made to strike out any "irrelevant, false, or improper matter inserted in any pleading." A motion to strike is also used to request elimination of all or part of a trial witness's testimony. During a jury trial, if motion to strike witness testimony is accepted, the jury is instructed to disregard the stricken statements.
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