Motion to Strike Under FRCP 12(f): Motion or Motion Notice

This legal template revolves around a "Motion to Strike," which is filed under the Federal Rules of Civil Procedure (FRCP) 12(f), specifically applicable in the United States of America (USA).

A Motion to Strike is a formal request made by a party involved in a legal dispute seeking the court's intervention to strike or remove certain portions or entire pleadings from the opposing party's complaint, answer, or other filed documents. This motion aims to eliminate immaterial, improper, scandalous, redundant, or prejudicial matters from the court record.

When invoking FRCP 12(f), the party submitting the Motion to Strike is essentially asserting that specific content within the opponent's pleading is unnecessary or inappropriate based on legal grounds. Such objections can be due to the inclusion of impertinent, irrelevant information, redundant or immaterial allegations, scandalous statements, or any other elements that may unduly prejudice the case.

The "Motion or Motion Notice" included in this legal template indicates that the template serves the dual purpose of (1) strictly filing the motion or (2) providing prior notice to the opposing party about the intention to file a motion. The latter option allows an opportunity for the opposing party to potentially resolve the disputed content without court intervention, saving time and resources.

This template can be utilized by attorneys or parties involved in civil litigation within the U.S. legal system who seek to remove specific portions of their opponent's filed documents that they deem inappropriate, irrelevant, or prejudicial to their case. The motion can be filed at various stages of the litigation process, such as during the pretrial phase or even during trial, depending on the circumstances.