What is a Florida Motion to Strike?
A Florida motion to strike is a motion filed to request that a court disallow some or all of a party’s pleading or legal evidence. The motion applies to “any pleading” and is available to both claimant and defendant complaints, answers, and replies. Often, motions to strike are filed against a plaintiff or defendant’s initial pleadings. However, these motions can also be brought against discovery responses, reports, and testimony.
When Can a Motion to Strike be Filed?
Motions to strike can be filed in a Florida business lawsuit for various reasons. Under Florida law, “a [a] party may move to strike, or the court may strike redundant, immaterial, impertinent, or scandalous matter from any pleading at any time.” However, the terms redundant, immaterial, and scandalous are not clearly defined, and it’s important to work with an experienced Florida attorney when filing a motion on this ground.
Parties can also move to strike a sham pleading. Sham pleadings are false pleadings that the movant can show the pleading party knows to be false.
Additionally, a movant can file a motion to strike a respondent’s defensive pleading(s) because the respondent did not state a legally valid defense. In this instance, the moving party is essentially claiming that the opposing party’s affirmative defense(s) are legally insufficient and, therefore, should be struck (removed) by the court. These motions to strike are similar to a motion to dismiss for failure to state a claim upon which relief may be granted.
Motions to strike can also be filed for failure to comply with a discovery order. Motions filed on this basis usually involve a party engaging in misconduct during the discovery process.
Florida law also provides that a party may file a motion to strike an improper third-party claim. This rule limits multiple actions and ensures that third parties bring claims on specific permissible grounds.
Parties can also move to strike pleadings for failure to attend a case management conference. This motion involves a party not showing up and participating in a conference that the court has scheduled.
When the court orders a party to amend their pleading to include a more definite statement, and the party fails to do so, there may be grounds for a motion to strike. The law provides that if a party files a motion for a more definite statement that is granted, and the court orders the other party to amend,
How Long do I Have to File a Motion to Strike?
Motions to strike defenses are time-limited. A party must assert a motion to strike a defense within 20 days of the responsive pleading or motion, and it’s important to act within the statutory timeframe.
“If the motion is granted and the order of the court is not obeyed within 10 days after notice of the order or such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.”
Motions to strike can arise in various contexts during a Florida business lawsuit. Further, these motions often work in conjunction with others, and it’s important to know what to file and when. By working with an experienced Florida business attorney, you can help ensure that you have a legal advocate to review the pleadings and file appropriate motions on your behalf. Your lawyer will also have the knowledge and experience to protect you and your interests throughout your Florida business lawsuit.
Contact an Experienced Florida Business Lawyer
Attorney Richard Sierra at the Florida Small Business Legal Center assists clients like you with commercial leasing, business, and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.