When is a Motion to Strike appropriate?

Use it when discrete material in a pleading or attachment is irrelevant, immaterial, scandalous, or legally insufficient. It is not a substitute for a motion to dismiss or summary judgment.

Does a motion delay the case?

It can add briefing time, but a narrowly targeted motion often reduces later discovery and narrows issues, which may shorten overall litigation.

Can I e-sign the motion?

Many courts accept electronic signatures when compliant with ESIGN and local e-filing rules; confirm the court's administrative order and use an audit trail-capable solution.

What if the court denies the motion?

A denial leaves the challenged material in the record; consider limiting discovery, filing targeted motions in limine, or preserving the issue for appeal if appropriate.

Is notarization required?

Motions themselves generally do not require notarization, but supporting affidavits and declarations may require notarized signatures depending on local rules.

How should I serve the motion?

Serve per local rules—commonly via the court e-filing system, email if allowed, or personal service; include a proof of service document with the filing.

Electronic Signature
Templates
Legal
Legal Motion to Strike

Legal Motion to Strike

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LEGAL MOTION TO STRIKE

Court Name: Case No.:

Movant Name: Respondent Name:

Recitals

WHEREAS, Movant asserts that portions of the Respondent's pleading, specifically the allegations identified below, are immaterial, impertinent, or scandalous and do not pertain to the claims at issue and therefore should be stricken pursuant to the applicable rules of civil procedure; and

WHEREAS, Movant further asserts that certain affirmative defenses or specific paragraphs fail to state a legally cognizable defense or contain allegations that are redundant, irrelevant, or legally insufficient; and

WHEREAS, Movant has attempted to meet and confer with opposing counsel regarding these deficiencies on Month: Day: Year: , without resolution.

Now Therefore

NOW THEREFORE, Movant respectfully moves the Court for an order striking the specified portions of Respondent's pleading and granting further relief as set forth below.

1. Relief Requested

Movant requests that the Court enter an order striking the following from Respondent's pleading (check all that apply):

Entire pleading
Specific paragraphs (identify below)
Affirmative defenses
Scandalous or immaterial matter
Portions of proposed evidence or testimony

Identify paragraphs or portions to be stricken

2. Statement of Facts

The factual basis for this motion is as follows. Movant sets forth pertinent facts, referencing the specific pleadings and dates below.

Statement of Facts (concise and factual)

3. Standard of Review

Under the applicable rules of civil procedure, the Court may strike from a pleading any redundant, immaterial, impertinent, or scandalous matter, and may strike insufficient defenses or any portion of the pleading that fails to state a claim or defense. The movant bears the burden of demonstrating that the contested material is legally insufficient and prejudicial to the movant's rights.

4. Argument

Movant's argument in support of striking the identified material is as follows. For each challenged paragraph or defense, Movant demonstrates that the material (a) is not relevant to any claim or defense, (b) is legally insufficient, or (c) is improperly prejudicial such that striking is necessary to prevent delay or confusion of the issues before the Court.

Legal Argument (cite authorities and apply law to facts)

5. Prayer for Relief

WHEREFORE, Movant respectfully requests that the Court:

Issue an order striking the identified material from Respondent's pleading;
Grant such further relief as the Court deems just and proper, including costs and attorney's fees if permitted by law;
Set a hearing on this Motion at the Court's convenience.

6. Notice of Hearing

Hearing Date: Month Day Year ; Time: ; Location:

7. Certification of Service

I hereby certify that on the date below, I served a true and correct copy of this Motion to Strike and all accompanying documents upon counsel of record for all parties in accordance with the applicable rules for service.

Service Details (method and recipients)

Service Date: Month Day Year

8. Governing Law

This Motion shall be governed by the laws and rules of procedure of the jurisdiction in which it is filed. Any interpretation of rights or obligations arising under this Motion shall be made in accordance with such laws and procedural rules.

9. Entire Agreement

This Motion contains the complete statement of Movant's request for the relief sought herein. No other oral or written statements, promises, or agreements constitute part of this Motion unless expressly incorporated by reference.

10. Severability

If any provision of this Motion is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Motion, which shall remain in full force and effect.

Additional Information

Supporting Exhibits or References

Party Label:

By:

Date:

What a Legal Motion to Strike Is and when it applies

A Legal Motion to Strike asks the court to remove specified material from the record, complaint, or pleadings because it is irrelevant, prejudicial, redundant, immaterial, or legally insufficient. Common targets include improperly pleaded causes of action, inadmissible evidence attached as exhibits, or portions of filings that violate court rules. Motions to strike are used in civil litigation across state and federal courts to narrow issues before trial, speed resolution of procedural disputes, and limit harmful evidence. Drafting should follow local court rules for caption, service, notice, and supporting authority to avoid procedural denial.

Why you might file a Motion to Strike

A Motion to Strike can simplify litigation by removing improper or prejudicial matter, clarifying the operative pleading, and preserving appellate issues. It can reduce discovery scope, limit jury exposure to inadmissible allegations, and focus briefing on legally cognizable claims. Carefully grounded motions that cite procedural rules and authority are more likely to persuade the court and avoid unnecessary delay.

Who commonly prepares and files this motion

The Motion to Strike is typically prepared by litigators, in-house counsel, or self-represented parties facing defective pleadings or improper attachments. Below are typical users and their reasons for using the form.

Defense counsel seeking to remove irrelevant or scandalous allegations before trial or in dispositive briefing.
Plaintiffs' counsel narrowing a complaint to remove redundant counts, stray factual statements, or misfiled exhibits.
Litigants representing themselves who need a structured petition to ask the court to excise improper material.

Use the guidance here to ensure the motion contains jurisdiction-specific citations, a clear statement of relief sought, and proper service so the court can rule on the request without procedural defects.

Typical preparers and signatories

Defense Attorney

A licensed civil litigator who prepares factual and legal argument, cites governing rules, and signs the motion on behalf of a represented party. The attorney ensures compliance with local rules for captioning, service methods, and hearing scheduling.

Pro Se Litigant

An individual representing themselves who drafts and signs the motion. They must verify local filing requirements, including any e-filing registration, service obligations, and format rules to avoid rejection or waiver.

Step-by-step: drafting and filing a Motion to Strike

Follow a concise sequence from identify to serve so the court can rule without procedural objections.

01

Identify targets: Pinpoint the exact paragraphs or exhibits to strike.
02

Cite authority: Reference the rule and case law supporting exclusion.
03

Draft motion: State grounds, facts, and requested order succinctly.
04

File and serve: E-file per local rules and serve opposing counsel.

Workflow overview from draft to court order

A typical Motion to Strike progresses through drafting, service, responses, hearing (if scheduled), and a court ruling; each step has procedural constraints.

Draft: Prepare motion, proposed order, and proof of service.
E-file: File through court e-filing systems when required.
Serve: Serve opposing parties according to local rules.
Order: Court issues ruling with written order or minute entry.

Configuring an electronic workflow for this motion

Set up the document and signer flows to match court and local rules before filing or serving electronically.

Field	Configuration
Caption Template	Use a prebuilt caption to avoid mismatches.
Signature Method	Select compliant e-signature or wet signature.
Service Method	Attach proof of electronic or personal service.
Proposed Order	Include editable proposed order for judge's signature.

Technical and platform considerations for e-filing and e-signatures

Confirm the court's permitted e-filing formats, accepted e-signature methods, and any authentication required by local rules before submission.

File formats: PDF/A is commonly accepted for court filings.
Authentication: Some courts require lawyer registration or two-factor access.
Audit trail: Maintain comprehensive signing metadata for the record.

Ensure your chosen eSignature provider supports required formats, audit trails, and any needed integrations with court e-filing portals to produce admissible, reproducible records.

Essential elements to include in a professional motion

A complete motion should be concise, cite governing authority, present a short statement of facts, propose precise relief, and include proof of service and a proposed order.

Clear Caption

Complete court and party information to avoid misfiling.

Precise Relief

Specify exact paragraphs or exhibit portions to strike.

Legal Grounds

Cite the rule and cases showing why material is improper.

Supporting Facts

Brief factual context limited to what the court needs.

Proposed Order

Attach an order the judge can sign without redrafting.

Proof of Service

Show how and when opposing counsel was served.

Documents commonly filed with the motion

Attach only documents necessary to support the motion and to provide the court with context for the challenged material.

Motion Document

The primary brief that states grounds and requested relief.

Proposed Order

A ready-to-sign order specifying the court's remedial language.

Relevant Exhibits

Pages or exhibits with the material sought to be stricken.

Proof of Service

Certificate or affidavit showing proper service.

Common drafting and procedural pitfalls to avoid

Overly broad requests that ask the court to strike entire pleadings rather than specific improper material, which courts often deny as overbroad or premature.
Introducing new factual allegations in the motion rather than using the motion to point out deficiencies in the existing pleading, which can be procedurally improper.
Failing to attach the exact excerpts or exhibits sought to be stricken, leaving the court unable to identify the challenged material and denying relief.
Neglecting local formatting, e-filing deadlines, or service rules; clerks routinely reject or return filings that fail to comply with local technical requirements.

Consequences of filing an incorrect or untimely motion

Motion Denied: Court may refuse relief and leave disputed material in the record.

Waiver Risk: Late or defective service can waive procedural defenses.

Sanctions: Persistent frivolous motions can lead to monetary sanctions.

Evidence Remains: Failure to meet standard leaves evidence admissible at trial.

Increased Costs: Opposition and briefing increase litigation expense and delay.

Appellate Limits: Procedural missteps can forfeit appellate review of the issue.

Sample scenarios showing when a Motion to Strike is effective

Real-world examples illustrate appropriate uses and outcomes when motions are narrowly tailored and procedurally correct.

Defense Narrowing

A defendant moved to strike scandalous allegations in a complaint

Court agreed the allegations were immaterial and unduly prejudicial
The order limited discovery to relevant claims and reduced trial complexity, saving litigation costs.

Plaintiff Cleanup

A plaintiff filed a motion to strike duplicative counts to simplify the complaint

The court struck redundant claims without prejudice
The streamlined pleading made subsequent motion practice and settlement discussions more focused and efficient.

How a Motion to Strike differs from related filings

Compare motions and pleadings to choose the correct procedural tool; use the motion that best targets the procedural defect or inadmissible material.

Criteria	Motion to Strike	Motion to Dismiss
Purpose	remove improper material	challenge legal sufficiency
Time to file	often early in case	often before answer is required
Effect	narrows record	seeks dismissal of claim
Typical response	opposition or limited response	merits briefing and possible hearing

eSignature vendor comparison for preparing and submitting court motions

Compare typical vendor pricing and basic feature availability for eSignature workflows used to prepare, sign, and share court filings and supporting exhibits.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently asked questions about Motions to Strike

Answers to common procedural and drafting questions for parties preparing a Motion to Strike in U.S. state and federal courts.

Need help? Contact support

When is a Motion to Strike appropriate?
Use it when discrete material in a pleading or attachment is irrelevant, immaterial, scandalous, or legally insufficient. It is not a substitute for a motion to dismiss or summary judgment.
Does a motion delay the case?
It can add briefing time, but a narrowly targeted motion often reduces later discovery and narrows issues, which may shorten overall litigation.
Can I e-sign the motion?
Many courts accept electronic signatures when compliant with ESIGN and local e-filing rules; confirm the court's administrative order and use an audit trail-capable solution.
What if the court denies the motion?
A denial leaves the challenged material in the record; consider limiting discovery, filing targeted motions in limine, or preserving the issue for appeal if appropriate.
Is notarization required?
Motions themselves generally do not require notarization, but supporting affidavits and declarations may require notarized signatures depending on local rules.
How should I serve the motion?
Serve per local rules—commonly via the court e-filing system, email if allowed, or personal service; include a proof of service document with the filing.

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