![]() ![]() This is a legal document that requests the court to throw out the affirmative defenses asserted by the defendant without further consideration. In response to a defendant’s affirmative defenses, the plaintiff may file a Motion to Strike Affirmative Defenses. An affirmative defense is any lawful reason that the plaintiff (the person or company suing) should not win the case. In a debt collection lawsuit, it is common for the defendant (the person or company being sued) to file an Answer document in which they assert their affirmative defenses. What is a Motion to Strike Affirmative Defenses? When the judicial proceedings involve a jury, the jurors will receive an explanation of why the information is no longer applicable and how they should move forward in their decision process. If the judge agrees to the motion, the court will strike the information from the judicial proceedings, and the trial or hearing will resume. The judge will evaluate their reasoning carefully before making a decision. When asking for a Motion to Strike, the attorney must provide reasons that the evidence or statements are inadmissible. Usually, lawyers present a Motion to Strike in writing unless it concerns verbal testimony made during the proceedings. Shelly walks free from the lawsuit and can continue to hold her big band parties until Maria finds new evidence for a legal claim.Ī lawyer can introduce a Motion to Strike orally or in writing to remove statements, pleadings, or evidence removed from judicial proceedings. ![]() Unfortunately, Maria has no further evidence to substantiate her claims, so the case ends in a dismissal. The judge agrees to dismiss the receipt from the judicial proceedings. ![]() Since Maria obtained the receipt illegally, Shelly’s lawyer files a Motion to Strike. However, Maria obtained the evidence - a receipt for the orchestra - by searching Shelly’s purse without her knowledge. Maria introduces evidence that Shelly hired an orchestra to play big band music until 4:00 a.m. The plaintiff is Maria, the owner of her apartment. The lawsuit alleges that Shelly holds large parties in her apartment until the break of dawn. If the evidence is important to the other party’s claim, it can turn the tide of a lawsuit.Įxample: Shelly is the defendant in a nuisance lawsuit. If an attorney is successful, they can eliminate evidence or statements presented by their opponent. In turn, the judge will evaluate the motion to determine whether it applies to the circumstances of the case.Ī Motion to Strike can be a vital tool that attorneys can use to their advantage. Attorneys must carefully consider these rules before asking a judge for a Motion to Strike. The judge or jury is not allowed to consider it in the final decision of the legal claim.Ī Motion to Strike is appropriate when certain information can’t be proven, violates courtroom rules, or doesn’t relate to the case at hand.Įvery court has specific rules that govern when a Motion to Strike is appropriate and when a judge can grant it. If the judge approves a Motion to Strike, the court removes the information from the records. ![]() In a courtroom, the plaintiff’s or defendant’s legal team can ask for the removal of certain information given in a trial, hearing, Complaint, or Answer. In legalese, lawyers use a Motion to Strike to remove part of the other party’s pleas or evidence from the record of the judicial proceedings. If you’re facing a debt lawsuit, SoloSuit can make the process easier. Summary: A Motion to Strike can remove pleas, statements, and evidence from judicial proceedings in a lawsuit. ![]()
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