Strike Law & Legal Definition
A motion to strike is a request to the court to have evidence removed from the official record, typically verbal testimony or statements made in pleadings that are claimed to constitute redundant, immaterial, impertinent, or scandalous matter.
Under California's Anti-SLAPP (Strategic Lawsuits Against Public Participation) statute, a defendant served with a complaint arising out of constitutionally protected speech may move for dismissal of the lawsuit at the outset--before the personal and financial costs of litigation pile up. Under the statute, a defendant can immediately bring a “special motion to strike” to force the plaintiff to show that its claims have legal and factual merit, thus placing a heavy burden of proof on the plaintiff.
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