What is a motion to strike in civil law?

A motion to strike in civil law is a legal tool used by a judge in a civil trial to remove evidence that is deemed irrelevant, not necessary, and/or improper from the court proceedings. Generally, a party involved in the case (plaintiff or defendant) may make such a motion. When filing a motion to strike, the party must provide legal arguments to support why the judge should rule in their favor. If the judge in the case agrees with the motion, the evidence is removed from consideration by the court. The judge may then provide a decision based only on the remaining relevant evidence in the case. In some cases, the ruling on a motion to strike may be the deciding factor of the case. When a motion to strike is made in civil court in South Carolina, the judge will consider the legal arguments provided by the party making the motion and any evidence that supports the request. The judge will then make a ruling based on their own legal analysis and interpretation. If the judge agrees with the motion, the evidence is removed from consideration and the judge will proceed to decide the case. In some cases, the ruling on a motion to strike may be the deciding factor of the case.

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