What is a motion to strike?

DURING court cases, lawyers are often heard making multiple requests to the judge.

Among those requests is a motion to strike, which can either be granted or denied.

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A motion to strike is often heard during civil and criminal trials[/caption]

What is a motion to strike?

During civil and criminal trials, lawyers on both ends are tasked with creating a case to prove guilt or innocence.

They do this by collecting evidence and testimony, but those don’t always make it in front of a jury.

When there is evidence or part of a testimony that a lawyer doesn’t want on the record because they find it irrelevant or prejudicial, they make a motion to strike in hopes the judge will instruct the jury to disregard it.

A motion to strike is typically accomplished by raising an objection.

What happens if a motion to strike is granted?

If a judge grants the motion to strike, the jury is then instructed to disregard the statement that was previously given.

This means that they are not allowed to use the information when deciding the final verdict.

In a non-jury trial, it means the judge will not use the information when deciding their final verdict.

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A jury or judge must disregard information if a motion to strike is granted[/caption]

What is a motion to dismiss?

While a motion to strike might remove a piece of evidence or testimony from the trial, a motion to dismiss takes an objection even further.

When a lawyer asks for a motion to dismiss, it means that they are asking to court to dismiss the case.

According to Cornell Law, some of the most popular reasons that lawyers ask for dismissal include:

• A lack of subject-matter jurisdiction
• A lack of personal jurisdiction
• Improper venue
• Insufficient process
• An insufficient serve of process
• Failure to state a claim upon which relief can be granted

In a criminal proceeding, if a case is dismissed without prejudice, that means that the plaintiff can re-file charges and go back to court.

If it is dismissed with prejudice, that means that the defendant cannot be tried again on the same charges.