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motion to strike :: legal definition


Motion to strike - n. a request for a judge's order to eliminate all or a portion of the legal pleading (complaint, answer) of the opposition on any one of several grounds. It is often used in an attempt to have an entire cause of action removed ("stricken") from the court record. A motion to strike is also made orally during trial to ask the judge to order "stricken" answers by a witness in violation of rules of evidence (laws covering what is admissible in trial). Even though the jury is admonished to ignore such an answer or some comment, the jury has heard it, and "a bell once rung, cannot be unrung."

See also: motion strike and Related Law Terms ↓


Related Law Terms

acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom.
commitment :: n. a judge's order sending someone to jail or pris ... prisoner or patient to such places.
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
off calendar :: adj. refers to an order of the court to take a law ... of either party. See also: calendar
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
sua sponte :: : (sooh-uh spahn-tay) adj. Latin for "of one's own ... ot have jurisdiction over the case.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact.
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness

Popular Law Searches

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Other Law Terms - M

M. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandi
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta.
mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out.
maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem
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make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note
make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages
maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note
malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum
malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required.
mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder