A formal request to a trial judge by a party to disallow testimony which has already been given by a witness , to strike it as inadmissible evidence in the case. A frequent example is evidence of alleged prior criminal conduct or conviction, or hearsay. Where the motion to strike is accepted in a jury trial, the judge will instruct the jury to disregard what was said and objected to.
In regards to evidence, a motion to strike is also used to attack the entirety or certain parts of a proposed affidavit. For more information on how real estate attorney Los Angeles at Schorr Law can help protect your legal rights, contact us today.
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Related posts:. Expunging a Lis Pendens by Posting a Bond. Public Entities Win on Inverse Condemnation. Regardless of whether it is made orally or in writing, the party making the motion must explain exactly why a pleading is irrelevant, immaterial, or scandalously erroneous.
Once a motion is granted or approved, the jury and all the parties involved in the case must ignore the portion of the pleading that has been stricken. Although a motion to strike is often used in a courtroom setting, it can also be used during the course of legal proceedings outside the courtroom. For example, a plaintiff for a case can move to strike declarations made by witnesses on behalf of the defendant.
If the court grants the motion, it would be as if the declarations were never made, while if the court does not grant the motion, then the declarations remain in place. 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.
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