[COURT NAME]
[COUNTY], [STATE]
[PLAINTIFF NAME], )
Plaintiff, ) Case No. [CASE NUMBER]
v. )
[DEFENDANT NAME], )
Defendant. )
MOTION TO STRIKE
NOTICE OF MOTION AND MOTION
PLEASE TAKE NOTICE that on [HEARING DATE] at [TIME], or as soon thereafter as counsel may be heard, [MOVING PARTY] will and hereby does move the Court to strike [SPECIFY PARAGRAPHS, ALLEGATIONS, OR DEFENSES] from the [COMPLAINT/ANSWER] filed on [DATE].
MEMORANDUM OF POINTS AND AUTHORITIES
I. Introduction
The challenged material is improper because it is [REDUNDANT/IMMATERIAL/IMPERTINENT/SCANDALOUS] and has no bearing on the claims or defenses.
II. Background
- Pleading at issue: [DOCUMENT]
- Sections to be stricken: [PARAGRAPH NUMBERS]
III. Legal Standard
Courts may strike from a pleading any redundant, immaterial, impertinent, or scandalous matter, and may strike defenses that are legally insufficient.
IV. Argument
A. The challenged allegations are immaterial or impertinent.
[Explain why the allegations do not relate to any claim or defense.]
B. The material is prejudicial and should be removed.
[Explain how the allegations would confuse issues or inflame the jury.]
C. Any legally insufficient defenses should be stricken.
[Identify defenses lacking legal basis.]
V. Requested Relief
[MOVING PARTY] respectfully requests that the Court:
1. Strike the identified allegations or defenses from the pleading.
2. If appropriate, grant leave to amend within [NUMBER] days.
CONCLUSION
For the foregoing reasons, the Court should grant the motion to strike.
Respectfully submitted,
text
Dated: [DATE]
______________________________
[ATTORNEY NAME]
[LAW FIRM]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for [MOVING PARTY]
CERTIFICATE OF SERVICE
I certify that on [DATE], I served the foregoing Motion to Strike on all counsel of record via [METHOD OF SERVICE].
text
______________________________
[ATTORNEY NAME]
[PROPOSED] ORDER
The Court, having considered the Motion to Strike, ORDERS as follows:
1. The identified allegations or defenses are STRICKEN from the [COMPLAINT/ANSWER].
2. [IF APPLICABLE] Leave to amend is granted with a deadline of [DATE].
IT IS SO ORDERED.
Dated: [DATE]
__________________________________
[JUDGE NAME]
[STATE] Judge