A motion to strike is a formal request made to a court to remove specific evidence from the official record. This evidence may include verbal testimony or statements in legal documents that are considered irrelevant, unnecessary, or inappropriate. The motion aims to streamline the legal process by eliminating material that does not contribute meaningfully to the case.
This term is frequently used in civil litigation, particularly in cases involving defamation, harassment, or other disputes where parties may attempt to introduce damaging or irrelevant evidence. Under California's Anti-SLAPP statute, a defendant can bring a special motion to strike when faced with a lawsuit that arises from their constitutionally protected speech. This allows defendants to challenge the legal and factual basis of the claims early in the litigation process.
Users can manage some aspects of this process themselves using legal templates available through US Legal Forms, which are drafted by qualified attorneys.
Here are a couple of examples of abatement:
(Hypothetical example) In a defamation lawsuit, the defendant files a motion to strike statements made by the plaintiff that are unrelated to the case, arguing that they are irrelevant to the claims being made. If the court grants the motion, those statements will be removed from the record.
In California, the Anti-SLAPP statute (California Code of Civil Procedure Section 425.16) is a significant law that allows defendants to file a special motion to strike claims based on protected speech. Other states may have similar laws, but they can vary in scope and application.
| State | Key Features |
|---|---|
| California | Allows a special motion to strike under the Anti-SLAPP statute. |
| Texas | Has a similar statute but applies different criteria for motions to dismiss. |
| New York | Does not have a specific Anti-SLAPP law, but courts may strike evidence under different rules. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Motion to Dismiss | A request to terminate a case without a trial, often based on legal insufficiency. |
| Motion for Summary Judgment | A request to decide a case based on the facts without going to trial, asserting there are no material facts in dispute. |
If you find yourself needing to file a motion to strike, consider the following steps:
For complex cases, seeking professional legal help is recommended.
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The purpose is to eliminate evidence that does not contribute to the case, helping to streamline the legal process.