Is a motion to strike a dispositive motion?

• A. Yes
• B. No
• C. Sometimes
• D. Only in federal court

Answer: (A)

A motion to strike works on the pleadings, removing material that is improper or irrelevant. When a court grants such a motion and a claim or a defense is struck, that portion of the case is effectively eliminated. That elimination has dispositive, or outcome-determining, effect for the issues that were stricken. In federal practice, Rule 12(f) allows courts to strike immaterial, redundant, or impertinent matter from a pleading, and although it’s used sparingly, its grant can dispose of that part of the case by removing the pleaded basis for it. Because of this potential to narrow or extinguish parts of the pleadings, a motion to strike can be dispositive in its practical effect. This mechanism isn’t limited to federal court—the concept exists in many state systems under their own pleading rules—so it isn’t correct to say it’s restricted to federal courts.