Guides → Motions → Strike (Sham)
How-To: Strike a Sham Pleading
Disambiguationsee Strike (Immaterial)
| 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
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.
Sham Pleading
one so clearly false that it presents no issue of fact to be determined by a trial. A complaint or answer will be stricken as sham only when it is undisputed that the alleged claim or defense is wholly unsupported by facts
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 1.150 Fla. R. Civ. P. | Sham Pleading
(a) Motion to Strike. If a party deems any pleading or part thereof filed by another party to be a sham, that party may move to strike the pleading or part thereof before the cause is set for trial and the court shall hear the motion, taking evidence of the respective parties, and if the motion is sustained, the pleading to which the motion is directed shall be stricken. Default and summary judgment on the merits may be entered in the discretion of the court or the court may permit additional pleadings to be filed for good cause shown.
(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 |
III. Templates
| # | Word | Comments |
|---|---|---|
| 1 |  | 'Set Aside' | Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe"). |
IV. Quick Commentary
- Verification: These motions must be verified (see Rule 1.150(b))
"(b) Contents of Motion. The motion to strike shall be verified..."
- see Rule 1.150(b)
- 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."
- see Pacheco v. Wasserman, 701 So.2d 104 (1997)
- 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."
- see Rhea v Hackney, 157 So. 190
"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."
- see Rhea v Hackney, 157 So. 190
"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."
- see Rhea v Hackney, 157 So. 190
- 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.""
- see Aoude v. Mobil, 892 F.2d 1115 (1st Cir. 1989)
- 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."
- see Bertrand v. Belhomme, 892 So.2d 1150 (3DCA 2005)
- 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 a Sham Pleading'
- Save the final version as a PDF file.
- File it in court (or at DOAH)
V. Bibliography
VI. Conclusion
A Motion to Strike a Sham Pleading will help you eliminate the use of bogus material in 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 sham pleading.
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
