What is a motion to strike in civil law?

A motion to strike in civil law is the legal process by which a party in a civil lawsuit seeks to eliminate certain parts of a court document. This might include parts of a complaint, answer, motion, or other document that the moving party believes to be irrelevant, false, or otherwise improper. This motion seeks to limit the issues actually litigated in a civil action. In Oregon, the relevant statute is ORS 16.050. It provides that a party may make a motion to strike out parts of any pleading or other paper in a civil action if the party believes that the pleading or paper is sham, frivolous, scandalous, impertinent, or an abuse of process. If the court rules in favor of the moving party in the motion to strike, those parts are stricken from the record and not considered by the court during the trial. In making a motion to strike, the moving party must be careful to identify specifically which parts of the pleading are being targeted, as well as cite to the applicable legal authority that supports the motion. If successful, the motion to strike can have significant implications for the civil action by limiting what evidence the court may consider based on what has been stricken from the record.

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