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Procedural · MTS

Motion to Strike

Asks the court to remove improper material from a pleading — or, in California, to dismiss a claim that targets protected speech (anti-SLAPP).

Governing rule
Fed. R. Civ. P. 12(f); state anti-SLAPP statutes
Read the rule

What it is

A request asking the court to remove specific material from a pleading — redundant, immaterial, impertinent, or scandalous matter under Rule 12(f). State courts and federal courts also use 'motion to strike' for affirmative defenses, untimely filings, and improper jury demands.

When it's used

Filed early in the case to clean up pleadings — often targeting prejudicial allegations that have nothing to do with the legal claims, defenses without factual basis, or sham allegations. Some California state courts use 'special motions to strike' (anti-SLAPP) as a powerful free-speech defense.

What the other side does

Opposes by defending the targeted material as relevant, factually grounded, or properly raised. May offer to amend voluntarily to moot the motion.

Common outcomes

Granted (material removed; sometimes with leave to amend), denied (pleading stands), granted-in-part. Anti-SLAPP grants in California can dispose of an entire claim with mandatory fee-shifting.

Not legal advice. Motion practice varies by court, judge, and case type. Local rules and standing orders frequently modify the federal defaults shown here. If you're facing a motion or considering filing one, talk to a lawyer about strategy and timing for your specific case.