Striking the Evidence Law and Legal Definition
Striking the evidence means to exclude improper evidence from the consideration of the jury. It is eliminating from the record a nonresponsive or objectionable answer by a witness.
For instance, evidence admitted upon assurance of counsel that its relevancy will appear, where such relevancy never appears.
Striking the evidence at the end of a plaintiff's case is a drastic measure with high costs to the administration of justice and should be avoided unless there is no doubt that the plaintiff has not proven any cause of action against the defendant. [West v. Critzer, 238 Va. 356 (Va. 1989)].
