Legal Strike Motion Template

LEGAL STRIKE MOTION TEMPLATE

Court:    Case No.:    Judge:

Movant:    Respondent:

RECITALS

WHEREAS, Movant filed a pleading, document, or other submission described herein on that contains allegations, claims, or exhibits subject to challenge; and

WHEREAS, certain portions of the filing assert matters that are insufficient, immaterial, impertinent, or scandalous, and therefore should be struck from the record to prevent prejudice, confusion, or delay; and

WHEREAS, Movant has complied with the meet-and-confer obligations required by applicable procedural rules, as set forth below, and now seeks the relief requested in this Motion.

NOW, THEREFORE

Movant respectfully moves the Court for an order striking specified portions of Respondent's pleading or submissions, and in support states as follows:

1. RELIEF REQUESTED

Movant requests that the Court strike the following from the record (check all that apply and describe with particularity):

Strike entire pleading or submission

Strike specific paragraphs or allegations (identify below)

2. GROUNDS FOR RELIEF

This Motion is made pursuant to the applicable rules of civil procedure and the Court's authority to remove immaterial, impertinent, or scandalous matter. Specifically, Movant contends that the material identified in Section 1 is:

1. legally insufficient to state a claim; or
2. irrelevant to the issues in this action and prejudicial to Movant; or
3. improperly based on hearsay, privileged communications, or inadmissible evidence.

Legal authority relied upon (statute or rule citation and brief explanation):

3. FACTUAL BACKGROUND

The factual basis supporting this Motion is set forth below. The statements are made in good faith and, to the best of Movant's knowledge, are accurate:

4. MEMORANDUM OF POINTS AND AUTHORITIES

Movant incorporates by reference the legal arguments and authorities supporting strike relief. Movant respectfully requests the Court find that:

5. EVIDENCE AND EXHIBITS

The following exhibits are submitted in support of this Motion. Each exhibit is identified by number and described briefly:

Exhibit 1 Description

Exhibit 2 Description

6. MEET-AND-CONFER CERTIFICATION

Movant certifies that, prior to filing this Motion, counsel for Movant conferred in good faith with counsel for Respondent in an effort to resolve the matters raised herein without Court intervention.

Date of meet-and-confer:    Method:

7. PROPOSED ORDER

Movant respectfully requests that the Court issue an order that:

8. NOTICE

Notices regarding this Motion should be sent to the following counsel for Movant:

Counsel Name and Firm

Address

9. CERTIFICATE OF SERVICE

I certify that on , a copy of this Motion and any supporting papers were served on the following parties and in the following manner:

10. MISCELLANEOUS PROVISIONS

Governing Law: This Motion and any order entered hereon shall be governed by the laws of the jurisdiction in which the Court sits.

Entire Agreement: This Motion contains the complete statement of Movant's request for relief and supersedes any prior statements or requests made to the Court concerning the subject matter hereof.

Severability: If any provision of this Motion is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments and Waiver: Movant reserves the right to amend this Motion or to seek additional relief; no waiver of any provision shall be effective unless in writing and signed by the party waiving compliance.

CERTIFICATION

The undersigned declares under penalty of perjury under the laws of the relevant jurisdiction that the foregoing is true and correct to the best of the signatory's knowledge.

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