Who can file a motion to strike?

• A. Only the defendant
• B. Only the plaintiff
• C. Either party
• D. The judge

Answer: (C)

A motion to strike is a tool to remove from a pleading material that is immaterial, irrelevant, redundant, or scandalous, so the pleading stays focused and the case isn’t slowed by improper allegations.

Who can file such a motion? Any party to the case—that is, either the plaintiff or the defendant. The ability to file is not limited to one side, because the goal is to prevent prejudice and confusion by striking improper material from the other side’s pleading. The judge may grant a motion to strike or strike on its own initiative if appropriate, but the act of filing the motion itself comes from a party. So, both sides have standing to move to strike.