Guides → Motions → Strike (Immaterial)
How-To: Write a Motion to Strike
Disambiguationsee Strike Sham
| 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.
Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016
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
| # | Comments | |
|---|---|---|
| 101 |  | ± Pending Decision | TBD Case | 2022 | Pro Se Filing. Untimely. Default Already Entered. |
| 102 | | ✓ Granted! | 2020 | Attorney Filing | Affirmative Defenses | Corporation's Attorney | Default |
| 103 | | x Denied | 2019 | Attorney Filing | Pleadings | Failure to Pay | Default | Eviction Case |
| 104 | | ✓ Granted! | 2018 | Attorney Filing | Discovery (Objections) | Rule 1.380 | $590M Lottery Winnings |
| 105 | | x Denied | 2017 | Pro Se (Attorney) Filing | Contempt | Discovery | Non-Compliance | 11th Hour Filings |
| 106 | | x Denied | 2016 | Attorney Filing | Voluntary Dismissal | Auto Accident |
| 107 | | ¿? Unknown Result | 2015 | Attorney Filing | Default |
| 108 | | x Denied | 2014 | Pro Se Filing | Property Dispute | Procedural Problems | Sham Pleading (yet Rule 1.140) |
| 109 | | ✓ Granted! | 2013 | Attorney Filing | Affirmative Defenses | Corporation's Attorney |
| 110 | | ¿? Unknown Result | 2012 | Attorney Filing | Medical Bills | Subpoenas |
| 111 | | ¿? Unknown Result | 2011 | Attorney Filing | Relief from Judgment (Rule 1.540) | Foreclosure Action |
| 112 | | ✓ Granted! 2010 | Attorney Filing | Jury Trial Demand | Pretrial Agreement | Amended Complaint |
III. Templates
| # | Word | Comments |
|---|---|---|
| 1 |  | 'Untimely' | Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe"). |
IV. 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.""
- see Aoude v. Mobil, 892 F.2d 1115 (1st Cir. 1989)
- 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)
V. Bibliography
VI. 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.
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
