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Disambiguation
see Strike Sham

How-To: Write a Motion to Strike


Background: You are a party to a civil case
Problem: Your opponent has filed some immaterial stuff to the Court
Solution: You ask the Court to strike your opponent's filing

I. Definitions

Immaterial
not material; irrelevant, nothing to do with the case; not significant.
Motion
an application to the court requesting an order in favor of the applicant. Motions are generally made in reference to a pending action and may be addressed to a matter within the discretion of the judge, or may concern a point of law. Motions may be made orally or, more formally, in writing...
Pleading
statements, in logical and legal form, of the facts that constitute plaintiff's cause of action and defendant's ground of defense. Pleadings are other allegations by the parties affirming or denying certain matters of fact, or other statements in support or derogation of certain principles of law, which are intended to describe to the court or jury the real matter in dispute.

II. Legal Citations

Rule 1.010 Fla. R. Civ. P. | Scope and Title of Rules
...These rules shall be construed to secure the just, speedy, and inexpensive determination of every action. These rules shall be known as the Florida Rules of Civil Procedure and abbreviated as Fla.R.Civ.P.
Rule 1.140(f) Fla. R. Civ. P. | Motion to Strike
A party may move to strike or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time.

III. Samples

# PDF Comments
101logoAdobe± Pending Decision | TBD Case | 2022 | Pro Se Filing. Untimely. Default Already Entered.iconPriceTag
102logoAdobe✓ Granted! | 2020 | Attorney Filing | Affirmative Defenses | Corporation's Attorney | DefaulticonPriceTag
103logoAdobex Denied | 2019 | Attorney Filing | Pleadings | Failure to Pay | Default | Eviction CaseiconPriceTag
104logoAdobe✓ Granted! | 2018 | Attorney Filing | Discovery (Objections) | Rule 1.380 | $590M Lottery WinningsiconPriceTag
105logoAdobex Denied | 2017 | Pro Se (Attorney) Filing | Contempt | Discovery | Non-Compliance | 11th Hour FilingsiconPriceTag
106logoAdobex Denied | 2016 | Attorney Filing | Voluntary Dismissal | Auto AccidenticonPriceTag
107logoAdobe¿? Unknown Result | 2015 | Attorney Filing | DefaulticonPriceTag
108logoAdobex Denied | 2014 | Pro Se Filing | Property Dispute | Procedural Problems | Sham Pleading (yet Rule 1.140)iconPriceTag
109logoAdobe✓ Granted! | 2013 | Attorney Filing | Affirmative Defenses | Corporation's AttorneyiconPriceTag
110logoAdobe¿? Unknown Result | 2012 | Attorney Filing | Medical Bills | SubpoenasiconPriceTag
111logoAdobe¿? Unknown Result | 2011 | Attorney Filing | Relief from Judgment (Rule 1.540) | Foreclosure ActioniconPriceTag
112logoAdobe✓ Granted! 2010 | Attorney Filing | Jury Trial Demand | Pretrial Agreement | Amended ComplainticonPriceTag


IV. Templates

# Link Comments
1iconMSWord'Untimely' | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe").iconPriceTag


V. Quick Commentary

  • Inherent Power: Courts have an inherent power to manage their docket
    "Rather, the district courts retain the inherent power to do what is necessary and proper to conduct judicial business in a satisfactory manner. As we have said, that inherent power is "rooted in the chancellor's equity powers, 'to process litigation to a just and equitable conclusion.'"... The courts' inherent power includes "the ability to do whatever is reasonably necessary to deter abuse of the judicial process.""
  • Please download as many sample documents as you'd like
    • Contact TBD for more free samples
  • Also, feel free to use the templates (see Part III - above) to help draft your 'Motion to Strike'
  • Save the final version as a PDF file.
  • File it in court (or at DOAH)

VI. Bibliography

VII. Conclusion

A Motion to Strike will help you eliminate the impermissible/scandalous material from the court.

With the use of the templates (as well as the samples above), you can more easily ask your court to strike your opponent's pleading.

...POINTS & THINGS...

Congratulations! You're now booked up on how to write a Motion to Unseal the Record!

Please get the justice you deserve.

Sincerely,



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Pages That You
Might Also Like
Rule 1.140 Fla. R. Civ. P. Rule 1.150 Fla. R. Civ. P.
Comparison: Motion vs Pleading
Guide: Motion to Strike (Sham)
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Buy™

buy real-live sample court documents/templates

– for free! (ie, with Book Points™)

Sell™

sell your court documents/templates

(earn 1,000 Book Points™ per file)

Shop™ Now

enter the TBD Marketplace™

to help your fellow man/woman

get the justice that he/she deserves!

Buy™Sell™Shop™
iconWebsite
TBD Marketplace™

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Sell™
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