What is a motion to strike in civil law?

A motion to strike in civil law is a legal maneuver that can be used by either the plaintiff or the defendant during a civil court case. It is an attempt to have certain statements or evidence removed from legal proceedings. This motion is usually made when the content is seen as irrelevant to the case, false, or would not be allowed to be submitted as evidence in court. In New Hampshire, the rules of motion to strike are governed by Rule 12(f) of the New Hampshire Rules of Civil Procedure. When making a motion to strike, the side making the motion must provide a brief explanation as to why the evidence or statement should be stricken from the proceedings. The other party then has the opportunity to respond and argue why the evidence should remain. The judge then makes the decision whether to strike the evidence or not. If the motion is granted, the statement or evidence is not considered in the legal proceedings. Motion to strike is an important tool in civil law that allows parties to discard evidence or statements that may be damaging to their case. Knowledge of how to make and respond to motions to strike can greatly impact the outcome of a court case.

Related FAQs

What is the difference between a civil action and a criminal action?
What is a demurrer in civil law?
What is a writ of mandamus in civil law?
What is a motion for discovery in civil law?
What is a dispositive motion in civil law?
What is a temporary injunction in civil law?
What is an appeal in civil law?
What is the difference between a voluntary dismissal and an involuntary dismissal in civil law?
What is a stay in civil law?
What is the purpose of a discovery in civil law?

What is a motion to strike in civil law?

Related FAQs

Related Blog Posts