What is a motion to strike in civil law?
A motion to strike in civil law is a way to ask a court to remove a statement, or part of a statement, from a legal document. This motion can be presented either before or during a trial. In North Dakota, motions to strike can be used to remove offensive or irrelevant statements from a pleading, deposition testimony, or other evidence. They must be based on specific legal grounds, such as an allegation that the statement is inadmissible evidence or redundant. If a motion to strike is made during a trial, then the judge will make a ruling on the motion before any further evidence or arguments are presented. Upon ruling in favor of the motion, the statement will be stricken from the record and the opposing party cannot reference it in any way. If the motion is denied, then the statement remains in the record and can be used as evidence. Motions to strike can be an effective method for both parties in a civil lawsuit to challenge the evidence or statements of their opponent. By striking certain statements from the record, lawyers can eliminate certain evidence from being introduced in a case, therefore presenting a more powerful argument in court.
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