How-To: Strike a Sham Pleading*
| Background: | You are a party to a civil case |
| Problem: | Your opponent has filed bogus material in the Court |
| Solution: | You ask the Court to strike your opponent's filing (for being a sham) |
I. Definitions
II. Legal Citations
(b) Contents of Motion. The motion to strike shall be verified and shall set forth fully the facts on which the movant relies and may be supported by affidavit. No traverse of the motion shall be required.
III. Samples
| # | Comments | ₧ | |
|---|---|---|---|
| 101 |  | ± Pending Decision | TBD Case | 2022 | Pro Se Filing. Demonstrable Falsehoods. Default Already Entered. |  |
| 102 | | x Denied | 2019 | Attorney Filing | Eviction Case | Rent Got Paid | |
| 103 | | ✓ Granted! | 2019 | Attorney Filing | Corporation's Attorney | |
| 104 | | ¿? Unknown Result | 2017 | Pro Se Filing | Settlement Agreement | |
| 105 | | ✓ Granted! 2014 | Attorney Filing | Res Judicata | |
| 106 | | x Denied | 2014 | Pro Se Filing | Property Dispute | Procedural Problems | Sham Pleading (yet Rule 1.140) | |
| 107 | | x Denied | 2013 | Attorney Filing | Complaint had Lies | Home Break-in | + Dismiss + Summary Judgment | |
IV. Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | 'Set Aside' | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe"). |  |
V. Quick Commentary
- Verification: These motions must be verified (see Rule 1.150(b))
"(b) Contents of Motion. The motion to strike shall be verified..."
- Right to Hearing: Opponents to these Motions must be given an evidentiary hearing:
"To strike a pleading as a sham, a party must so move before trial, and the trial court must conduct an evidentiary hearing. See Fla. R. Civ. P. 1.150(a). The purpose of the hearing is to determine whether there are any genuine issues to be tried. See Slatko v. Virgin, 328 So.2d 499, 500 (Fla. 3d DCA 1976). After holding the hearing, the trial court may only strike the pleading as a sham if it finds that the falsity of the pleading clearly and indisputably appears."
- Indisputably false: Items that are indisputable false are subject to getting stricken
"to strike as sham pleas interposed by a defendant which are shown to be false and filed merely for delay, though apparently good on their face and verified in legal form, and thereupon to give plaintiff a final judgment against the defendant as upon default for want of any defense whatsoever."
"A plea is considered sham when it is palpably or inherently false, and from the plain or conceded facts in the case, must have been known to the party interposing it to be untrue."
"As otherwise expressed, to warrant the rejection of a pleading as sham, it must evidently be a mere pretense set up in bad faith and without color of fact." - Inherent Power: Courts have an inherent power to guard against misconduct
"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.""
- Fraud/Misconduct: Courts can punish those who commit a fraud on the court (or who commit other misconduct)
"This Court has repeatedly held that "a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve her ends."
- 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 a Sham Pleading'
- 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 sham pleading.
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
