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Motion to Strike

Definition - What does Motion to Strike mean?

A motion to strike is when a party in a lawsuit requests that the judge permits that a certain comment or speech, or part of the trial, be removed from the official record. A party will typically do this if it believes that the opposing counsel has done something that is a breach of legal protocol, such as leading the witness in certain circumstances.

Justipedia explains Motion to Strike

A lawyer may also make a motion to strike if they believe that the evidence being presented by the opposing counsel is inadmissible. This could be because it was collected improperly, such as a statement collected by a police officer from an arrested person without reciting the Miranda warning, or for other reasons.

Once a motion to strike has been made, the judge will evaluate it to see if they think it is legitimate. If so, the remark will be struck from the record.

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