What is a motion to strike in civil law?

A motion to strike in civil law is a request made to the court that specific evidence or parts of a document be removed because they are legally irrelevant, inadmissible or prejudiced in the case. In Minnesota, a party can file a motion to strike if they object to any evidence that has been presented which they believe is prejudicial to their case. The motion is for the court to decide if the evidence should be excluded, or "stricken," from the record. The motion should be filed before the trial and can come from either the plaintiff or defendant. Once the motion has been filed, the other party will have an opportunity to respond. The court will then hear arguments from both sides and will then decide whether or not the motion is granted, and the evidence is removed. The motion to strike can be used in civil law for a variety of reasons, including when the evidence is irrelevant to the case, when it is prejudicial to the parties, when it would be impossible for one of the parties to receive a fair trial in its presence, or when the evidence was obtained illegally. The motion can also be made when the evidence has been improperly presented in the court, for example, if the evidence was not properly admitted in the court. If the court grants the motion to strike, all references to said evidence will be removed from the record. This is especially important when the motion is made because of prejudice, as it can help ensure a fair trial and prevent the bias from influencing the outcome.

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