Motion to Strike
Remove improper, scandalous, or legally insufficient material from the opposing party's pleadings.
Overview
A Motion to Strike asks the court to remove specific allegations, paragraphs, or entire pleadings from the record because they are improper, scandalous, redundant, immaterial, impertinent, or legally insufficient. Motions to Strike are governed by FRCP 12(f) and equivalent state rules. In foreclosure cases, they are particularly useful for striking improper claims for attorney's fees not yet incurred, unsubstantiated allegations of default amounts, or allegations that are not pled with the required specificity. A successful Motion to Strike can narrow the issues, weaken the lender's case, and improve your position for summary judgment or trial.
Purpose
- •Remove scandalous or prejudicial material that has no bearing on the legal claims
- •Strike redundant, immaterial, or impertinent allegations from the complaint
- •Challenge insufficient defenses raised by the opposing party
- •Remove claims for relief not authorized by law or contract
- •Narrow the scope of disputed issues, simplifying the case
When to File
File within 21 days of service of the pleading (FRCP 12(f)) or before responding to the pleading. In many state courts, the deadline is the same as for other responsive pleadings (20-30 days). Motions to Strike can also be made at any time on the court's own initiative.
Timeline
Must be filed before responding to the pleading (or within 21 days under FRCP). The court typically rules on the motion within 30-60 days. If denied, file your responsive pleading within the time set by the court.
Key Elements & Requirements
Identification of the specific language to be stricken: Quote the exact text and paragraph number
Legal basis: State the specific rule or statute authorizing the motion (e.g., FRCP 12(f))
Argument why the material is improper: Scandalous, immaterial, impertinent, or legally insufficient
Proposed order: Draft order identifying exactly what should be stricken
Legal Standard
Under FRCP 12(f), a court 'may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.' Motions to Strike are generally disfavored and granted sparingly — the moving party must show prejudice. 'Immaterial' means the matter has no essential or important relationship to the claim. 'Impertinent' means it does not pertain to the issues in question. 'Scandalous' means it casts a derogatory light on someone and is unnecessary to the case.
Strategy & Tips
Use Motions to Strike strategically to: (1) Remove improper attorney's fee claims that could increase the lender's leverage, (2) Strike allegations that are not supported by admissible evidence, (3) Challenge affirmative defenses that are legally insufficient, (4) Remove scandalous or prejudicial material that could improperly influence the court. Be judicious — filing too many Motions to Strike can appear dilatory.
Court Filing Information
Where to File
The court where the foreclosure is pending.
Fees
Typically no separate filing fee for motions. Includes the motion itself.
Format
Standard motion format: Notice of Motion, Motion, Memorandum of Points and Authorities, Proposed Order.
Copies Required
Original to the court + copy to opposing counsel + your copy.
Frequently Asked Questions
When should I file a Motion to Strike instead of a Motion to Dismiss?+
File a Motion to Strike when the problem is with specific portions of a pleading rather than the entire pleading. A Motion to Dismiss challenges the entire complaint or claim. Use Motion to Strike to remove specific allegations, paragraphs, or claims while leaving the remainder of the pleading intact. You can file both together.
Are Motions to Strike commonly granted in foreclosure cases?+
Courts are generally reluctant to grant Motions to Strike because they prefer to decide cases on the merits. However, they are more likely to be granted when the challenged material is clearly prejudicial, improper, or legally insufficient — for example, a claim for attorney's fees that are not authorized by the mortgage contract or state law.
Related Documents
Related Services
Need These Documents Prepared?
Our legal document preparation team handles every document with precision. Free case review.
Available Monday–Friday · 10:00 AM – 6:00 PM Pacific
Get Your Free Full Case Review
Tell us about your situation — our senior legal team will review every detail and contact you within 24 hours with a tailored plan. No obligation. 100% confidential.
Submit Your Information
Tell us about your situation in complete confidence.
Case Analysis
Our legal team reviews your documents and foreclosure status.
Receive Your Strategy
We outline your best options and recommended path forward.
We Get to Work
Your dedicated team begins protecting your home and rights.