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

A motion to strike in an insurance litigation case in Oregon is when one party requests the court to remove certain words from a pleading. This can be done for a variety of reasons, such as if the words are considered false or irrelevant. The motion is made by filing a written request to the court in which the party outlines why the words should be removed. The court will then review the motion and decide whether or not the words should be removed. If the court grants the motion, the words will be removed from the pleading and no longer considered as part of the case. This can be beneficial to one of the parties, as the words may not be relevant to the case or may prove damaging to the party’s argument. In Oregon, a motion to strike must be filed before the answer to the complaint is due. Once the answer has been filed, the motion is no longer valid and cannot be used to remove words from the pleading. In addition, the court has the right to reject a motion to strike if it deems the words as relevant to the case. Motions to strike can be beneficial in an insurance litigation case, as it allows the parties to remove words that are false or irrelevant to the case from the pleadings. It can also help protect the rights of the parties by removing words that would prove damaging to their argument.

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