Motion to strike notice of trial

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The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you make a decision, ask us to send you free written information about our experience and qualifications. This web site is designed for general information only. Legal Consultant For:. Anytime this motion is made, the opposing party is given the opportunity to respond. After a response is made, the original party moving to strike can file a reply.

Eventually, the judge must ponder the issue and make a statement as to whether the motion has been granted or denied. Many countries use the motion to strike during their legal processes. In the United States, all of the states allow a party to strike all or part of a pleading as stated in Rule 12 of the Federal Rules of Civil Procedure. In Canada and Australia, attorneys move to strike pleadings as well, although some countries, such as India, don't use the motion.

Generally, there are set rules stating how many days a party has to strike part of a pleading, and in most cases, if the party moving to strike does not do so in the appropriate time frame, the opportunity is lost. Dee is a freelance writer based in Colorado.