The IT Law Wiki

Motion to strike

32,068pages on
this wiki
Add New Page
Add New Page Talk0

U.S. federal courts Edit

Rule 12(f) of the Federal Rules of Civil Procedure provides that

the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

"Immaterial matter is that which has no essential or important relationship to the claim of relief" and "[i]mpertinent matter consists of statements that do not pertain, and are not necessary, to the issues in question."[1]

"The function of a 12(f) motion to strike is to avoid the expenditure of time and money that must arise from litigatin spurious issues by dispensing with those issues prior to trial."[2]

References Edit

  1. Fantasy, Inc. v. Fogerty, 984 F.2d 1524, 1527 (9th Cir. 1993) (full-text) (internal citations omitted), rev'd on other grounds, 510 U.S. 517 (1994) (full-text).
  2. Sidney-Vinstein v. A.H. Robins Co., 697 F.2d 880, 885 (9th Cir. 1983) (full-text).

Also on Fandom

Random Wiki