Motion to Strike

When the motion to strike is used

Timing: before responding to the pleading, or within 21 days after being served if no response is allowed. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.

What the rule requires

• Rule 12(f) lets the court act on its own or on a motion made before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 12(f) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to strike in state court

This page covers the federal version. In state court, the motion to strike may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion for a More Definite Statement: a motion asking for a clearer pleading when it is so vague or ambiguous that the party cannot reasonably prepare a response.
• Affirmative Defenses: defenses that defeat or reduce a claim even if the plaintiff's allegations are true. Rule 8(c)(1) lists examples such as statute of limitations, res judicata, release, payment and waiver.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.