Can you file a motion to strike after filing an answer?
Asked by: Kevin Beier | Last update: July 20, 2025Score: 4.8/5 (32 votes)
A motion to strike material from a complaint must be filed before filing an answer.
Can I file a motion to dismiss after I file an answer?
When can a motion to dismiss be filed? A motion to dismiss is generally filed at the outset of the case as the first responsive pleading to the plaintiff's complaint. The defendant generally waives their right to file a motion to dismiss once they file an answer to the complaint.
What is the federal rule for motion to strike?
A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.
Can you file a 12 b 6 motion after filing an answer?
The Court ruled, based on the “express language of Rule 12(b)” and in the absence of case law “interpreting such language to mean otherwise,” that a Rule 12(b) motion must be filed prior to an answer, but that such a motion filed after an answer may, if appropriate, be considered a Rule 12(c) motion for judgment on the ...
How long do you have to reply to a response to a motion?
The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.
Motion to Strike explained by Attorney Steve!
What is the difference between a reply and Response motion?
A Response will address the Motion and provide the party's position on the points raised in the Motion. This can include a rebuttal to issues of fact or law raised in the Motion. A Reply will address the points raised in the Response and provide the party's position on the points raised in the Response.
What happens when a motion to strike is granted?
During a jury trial, if a motion to strike witness testimony is granted, the jury is typically instructed to disregard the stricken statements.
Does the plaintiff have to respond to an answer?
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
How many times can you file a motion to reopen?
Responses to motions to reopen are due within ten (10) days after the motion was received by the immigration court, unless otherwise specified by the immigration judge. (d) Number Limits — A party is permitted only one motion to reopen. 8 C.F.R. § 1003.23(b)(1) .
What are examples of failure to state a claim?
For example, if someone sues their neighbor for being annoying, but there is no law against being annoying, the defendant could argue that the plaintiff has failed to state a valid legal claim.
Is motion to strike a good thing?
PRACTICE TIP: Courts consider striking a party's pleading to be an extreme measure, and motions to strike are viewed with disfavor and infrequently granted. POL. Many courts consider filing this motion as a dilatory tactic.
Is an answer a responsive pleading?
What is Responsive Pleading? A pleading that directly responds to the merits of the opponent's pleading, as opposed to filing a motion to dismiss or other attempt to reject a direct response. An answer to the complaint is an example of a responsive pleading.
What is the no strike rule?
“No-strike” clauses provide that bargaining unit employees may not engage in strikes or work slowdowns during the term of the Collective Bargaining Agreement and that the union may not encourage those proscribed practices.
How late can you file a motion to dismiss?
A motion to dismiss can be filed at any time. They are usually filed by defendants early on in the lawsuit, before they have filed an answer. Often a motion to dismiss is alleging that the claim should not proceed because of an issue unrelated to the facts.
What is the difference between a motion to strike and a motion to dismiss?
A motion to strike usually only applies to a specific portion of a case: a piece of evidence, a statement made in a pleading, the testimony of a witness. A motion to dismiss applies to either the whole case, an entire claim in the case, or an entire pleading submitted on a substantive issue.
What is the success rate of motions to dismiss?
Indeed, motions to dismiss are filed in almost all securities cases, with an approximately 50% success rate.
Can you file a second motion to dismiss?
Defendants may move to dismiss some or all claims but can only make one motion to dismiss, asserting all defenses (other than those in FRCP 8(c)Opens in a new window) that were available when the motion was made (FRCP 12(g)Opens in a new window).
Can you file more than one motion?
In civil cases, multiple motions can be filed in one pleading by holding down the “Ctrl” key and clicking on the desired motions. Important Exception: When the multiple motions are the same motion, the motions must be filed in separate pleadings.
What is the difference between a motion to reopen and a motion to reconsider?
Unlike a motion to reopen, we do not consider new facts or evidence in a motion to reconsider.
Can you respond to a response to a motion?
(4) Reply to Response. Any reply to a response must be filed within 7 days after service of the response. A reply must not present matters that do not relate to the response.
How to prove you were not served properly?
Surveillance: You can provide surveillance footage showing you were not served at the alleged date or that the service was improper. Mail Records: If there's no mail delivered to you or if you haven't signed the receipt. It can indicate improper service.
Can you decline to answer in court?
Privilege Against Self-Incrimination
Individuals can refuse to answer questions if responses might incriminate them. Courts uphold this right to prevent self-incrimination during depositions.
What is a motion to strike cost?
A “ motion to strike ” or a “motion to tax costs” can be made in many circumstances by a losing party who has lost litigation and is ordered to pay litigation costs of the opposing party.
What happens if you refuse to go on strike?
Both unionized and non-unionized employees who refuse to cross the picket line may be subject to employer discipline. Section 149(f) prohibits employers from disciplining employees who are not on strike for refusing to perform the work of striking employees.
Can you file a demurrer after an answer?
Proc., §§ 430.40, subd. (a), 432.10.) A demurrer to an answer must be filed within 10 days after service of the answer.