libterm.com A motion to strike is a legal request made to remove specific portions of a pleading that are irrelevant, immaterial, or improper. This procedural tool helps streamline the case by eliminating unnecessary or prejudicial information before trial. Explore the article to understand how a motion to strike can affect your case strategy and outcomes.
Table of Comparison
| Aspect | Motion to Strike | Motion to Dismiss |
|---|---|---|
| Purpose | Remove improper, irrelevant, or scandalous material from pleadings | Terminate a case due to legal insufficiency of the claim |
| Legal Basis | Rules of Civil Procedure, e.g., Federal Rule of Civil Procedure 12(f) | Rules of Civil Procedure, e.g., Federal Rule of Civil Procedure 12(b)(6) |
| Scope | Targets specific portions of pleadings or evidence | Challenges the entire complaint or claim |
| Timing | Filed before or during trial; usually early in litigation | Filed early, typically before answering the complaint |
| Effect | Strikes out improper content; case proceeds with amended pleadings | Dismisses the claim or case; may be with or without prejudice |
| Common Grounds | Immaterial, impertinent, or scandalous matter | Failure to state a claim, lack of jurisdiction, improper venue |
| Result | Refined pleadings; no dismissal of entire case | Possible case dismissal; may require refiling or amendment |
Introduction: Understanding Pretrial Motions
Pretrial motions like a Motion to Strike and a Motion to Dismiss serve distinct purposes in litigation. A Motion to Strike targets specific insufficient or irrelevant parts of a pleading, aiming to remove them without ending the case. Conversely, a Motion to Dismiss seeks to terminate the case early by arguing that the complaint fails to state a claim or lacks jurisdiction.
Definition of Motion to Strike
A Motion to Strike is a legal request filed by a party to remove insufficient, irrelevant, or improper material from the opposing party's pleading, such as a complaint or answer. It targets specific portions of the pleadings, including allegations, defenses, or evidence that lack legal merit or fail to comply with procedural rules. This motion helps streamline the case by eliminating redundant, immaterial, or scandalous content, focusing the litigation on substantive issues.
Definition of Motion to Dismiss
A Motion to Dismiss is a formal request filed by a defendant asking the court to terminate a case due to insufficient legal grounds, such as lack of jurisdiction, failure to state a claim upon which relief can be granted, or improper service of process. This motion challenges the legal sufficiency of the plaintiff's complaint without addressing the factual allegations. Courts evaluate Motions to Dismiss under standards like Rule 12(b)(6) of the Federal Rules of Civil Procedure to determine if the complaint should proceed.
Key Differences Between Motion to Strike and Motion to Dismiss
A Motion to Strike challenges specific parts of a pleading, such as immaterial, impertinent, or scandalous content, whereas a Motion to Dismiss seeks to terminate the entire case or claim based on legal deficiencies like lack of jurisdiction or failure to state a claim. The Motion to Strike targets discrete elements within pleadings without addressing the overall claim's viability, while the Motion to Dismiss tests whether the claim itself has sufficient legal grounds to proceed. Courts evaluate Motions to Dismiss under Rule 12(b) standards, focusing on the legal sufficiency, whereas Motions to Strike are governed by Rule 12(f) with the goal of refining pleadings by removing objectionable materials.
Legal Grounds for Filing a Motion to Strike
A Motion to Strike is filed to remove irrelevant, immaterial, or scandalous matter from a pleading, targeting specific portions of the complaint that do not conform to legal standards. Legal grounds for filing include allegations that are redundant, immaterial, impertinent, or legally insufficient under state or federal procedural rules, such as Rule 12(f) of the Federal Rules of Civil Procedure. Unlike a Motion to Dismiss, which challenges the legal sufficiency of the entire complaint, a Motion to Strike focuses exclusively on excising improper content without disposing of the entire case.
Legal Grounds for Filing a Motion to Dismiss
A Motion to Dismiss is filed based on legal grounds such as lack of subject matter jurisdiction, failure to state a claim upon which relief can be granted, improper venue, or insufficient service of process. This motion challenges the legal sufficiency of the plaintiff's complaint, asserting that even if all facts are true, there is no legal basis for a lawsuit. Unlike a Motion to Strike, which targets specific insufficient or scandalous parts of the pleading, a Motion to Dismiss seeks to terminate the case entirely before proceeding to discovery or trial.
Procedure and Timing for Each Motion
A Motion to Strike targets specific portions of a pleading and must be filed before the responsive pleading or within 21 days after being served if no responsive pleading is required, allowing courts to remove irrelevant or redundant material early in the case. A Motion to Dismiss challenges the legal sufficiency of a complaint and generally must be filed before filing an answer, typically within 21 days of service of the complaint, aiming to terminate cases lacking a valid claim. Both motions require strict adherence to procedural rules under Federal Rules of Civil Procedure 12(f) for striking and 12(b) for dismissing to preserve judicial efficiency and avoid delays.
Effects and Consequences of Granting Each Motion
Granting a Motion to Strike removes specific portions of a pleading deemed irrelevant, redundant, or immaterial without dismissing the entire claim, thereby narrowing the issues for trial. A granted Motion to Dismiss results in the termination of a case or specific claims for failure to state a claim, lack of jurisdiction, or other legal deficiencies, effectively ending the litigation or forcing the plaintiff to file an amended complaint. The consequences of granting a Motion to Dismiss are more severe, as it can dispose of the lawsuit entirely, whereas a Motion to Strike merely refines the pleadings without concluding the case.
Strategic Considerations in Litigation
A Motion to Strike targets specific portions of the complaint, such as immaterial or scandalous content, aiming to streamline issues and limit evidence before trial, which can strategically weaken the opposing party's claims. In contrast, a Motion to Dismiss challenges the legal sufficiency of the entire complaint, potentially ending the case early if granted, thus conserving resources and avoiding prolonged litigation. Assessing the timing, procedural posture, and the strength of the factual and legal basis for claims guides the strategic choice between these motions to maximize litigation efficiency and case advantage.
Motion to Strike vs Motion to Dismiss: Choosing the Right Approach
Motion to Strike targets specific portions of a pleading deemed irrelevant, immaterial, or scandalous, aiming to remove improper content without disposing of the entire claim. Motion to Dismiss challenges the legal sufficiency of the entire complaint, seeking to terminate the case early based on procedural or substantive grounds. Choosing the right approach depends on whether the goal is to eliminate specific objectionable language (Motion to Strike) or to dismiss the entire action for failure to state a claim or jurisdictional issues (Motion to Dismiss).
Motion to Strike Infographic
