What is a motion to strike in an insurance litigation case?

A motion to strike is a legal request made in a court of law that seeks to have certain material removed from an insurance litigation case. This material may include testimony from an expert witness, part of a submitted document, or even an entire legal argument that is deemed by the court to be irrelevant to the facts of the case. In Delaware, a party may make a motion to strike by filing a written request with the court in advance of a hearing or trial. The purpose of requesting a motion to strike is to prevent a jury or other court from being distracted or misled by irrelevant material that is not based on facts that are related to the case. In Delaware, the court must decide whether or not to grant a motion to strike. If the court grants the motion to strike, the material will be removed from the case and the parties will continue to litigate the case as if the material had never existed. In insurance litigation cases, motions to strike can be helpful to parties involved in the case because they allow the parties to focus on the facts that are germane to the case. Further, motions to strike are an effective legal tool for attorneys to ensure that the case is decided on its merits instead of extraneous information that may be distracting or prejudicial.

Related FAQs

What is a statute of repose in an insurance litigation case?
What is a "duty to defend" dispute in an insurance litigation case?
What is the standard of care in an insurance litigation case?
What are the elements of a bad faith insurance claim?
What is the difference between first-party and third-party insurance litigation cases?
What is a "bad faith" denial of coverage in an insurance litigation case?
What is the difference between fraud and bad faith in insurance litigation cases?
What is a motion to dismiss for lack of jurisdiction in an insurance litigation case?
What is a non-disclosure agreement in an insurance litigation case?
What remedies are available in an insurance litigation class action?

Related Blog Posts

5 Factors to Consider When Choosing an Insurance Litigation Lawyer - July 31, 2023
What You Should Know About Insurance Litigation Law in 2021 - August 7, 2023
Understanding the Process of Insurance Litigation Law - August 14, 2023
How to Avoid Insurance Litigation Litigation - August 21, 2023
9 Essential Steps to Resolve an Insurance Litigation Dispute - August 28, 2023