JurisDraft

Litigation & Court Documents

How to Write a Motion to Strike

A motion to strike removes improper material from the record before it can do damage — but it has to target something the rules actually allow striking.

4 min read

A motion to strike asks the court to remove specific material from a pleading or the record — redundant, immaterial, impertinent, or scandalous matter, or testimony and evidence that shouldn't have been submitted.

It's narrower than a motion to dismiss

Rather than attacking an entire pleading, a motion to strike targets specific problematic language or allegations within it — useful when most of a filing is proper but a portion isn't.

Identify the specific offending language

Quote the exact language you're asking the court to strike and explain specifically why it fits one of the recognized categories — courts won't strike broad swaths of a filing based on a general objection to its tone.

Also used against improper evidence

Motions to strike aren't limited to pleadings — they're commonly used to challenge affidavits, expert reports, or testimony that doesn't meet evidentiary requirements, especially in summary judgment practice.

Courts grant these sparingly

Because striking material is considered a drastic remedy, courts often deny these motions unless the offending material is clearly improper and genuinely prejudicial if left in the record.

Need this handled?

Court Pleadings Drafting

Pleadings drafted to court formatting and procedural requirements.