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
II. Legal Citations
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 | |
IV. Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | 'Untimely' | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe"). |  |
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
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...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
