What is a motion to strike in civil law?

A motion to strike is a legal maneuver used in civil law in Michigan and in other states. It is a request made to the court to remove a portion of another party’s legal argument in a civil case. The motion is usually used when a party feels that the other party has included irrelevant, inadmissible, or false information in a legal filing. When a motion to strike is filed, the judge in the case reviews it and decides whether or not to accept it. The judge will look at the information that the party wants to have struck, as well as the other party’s argument, to decide if it is relevant or legally admissible. If it is determined to be irrelevant, it is removed from the record and will not be considered by the court. However, if the judge decides that the information is relevant to the case, it will remain in the record. The motion to strike is not the same as a motion to dismiss, which is a request asking the court to end the case altogether. It is instead a way for parties to limit the scope of their argument to only that which is legally admissible. When used strategically in a civil case, a motion to strike can be a powerful tool for parties to use in order to have their argument be heard and to get the best possible outcome in their case.

Related FAQs

What is the difference between a civil and criminal contempt in civil law?
What are the different forms of damages in civil law?
What is a permanent injunction in civil law?
What is a judgment lien in civil law?
What is a lis pendens in civil law?
What is a motion for a protective order in civil law?
What is a stay in civil law?
What is a garnishment in civil law?
What is an example of a constructive trust in civil law?
What is a motion for summary disposition in civil law?

Related Blog Posts

What Students Need to Know About Civil Law and Its Impact on Society - July 31, 2023
Understanding the Basics of Civil Law and Its Role in Business - August 7, 2023
Exploring the Principles of Civil Law - August 14, 2023
Learning How to Effectively Use Civil Laws - August 21, 2023
Facts About the Differences Between Civil and Criminal Law - August 28, 2023