Also known as: strikes · striking · strikebreaker · strikebreakers · labor strike · work stoppage
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A court order removing an unsigned paper or defective pleading from the record. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention. A party may also move to strike a pleading that is so vague or ambiguous that a response cannot reasonably be prepared.
A court order removing an unsigned paper or defective pleading from the record. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention. A party may also move to strike a pleading that is so vague or ambiguous that a response cannot reasonably be prepared.
Steven Silva filed a complaint in federal court but omitted his signature and contact information. Opposing counsel notified Silva of the defect. The court struck the complaint because the signature omission was not corrected after notice.
A peremptory challenge exercised to exclude a prospective juror. The Equal Protection Clause prohibits strikes based on race or gender. When a prima facie showing of racial motivation is made, the burden shifts to the striking party to offer a race-neutral explanation.
During jury selection Sebastian Santos, the defendant, made a prima facie showing that the prosecutor struck all African-American venire members. The prosecutor offered no race-neutral reason. The trial court disallowed the strikes and seated the jurors.
Cancellation of a party's signature on a negotiable instrument. A person entitled to enforce the instrument may discharge the obligation by an intentional voluntary act that includes striking out the signature.
Starlight Media held a promissory note signed by Stephen Shaw. The holder intentionally struck out Shaw's signature on the instrument. The obligation was discharged by that voluntary act.
A peremptory challenge exercised to exclude a prospective juror. The Equal Protection Clause prohibits strikes based on race or gender. When a prima facie showing of racial motivation is made, the burden shifts to the striking party to offer a race-neutral explanation.
Cancellation of a party's signature on a negotiable instrument. A person entitled to enforce the instrument may discharge the obligation by an intentional voluntary act that includes striking out the signature.
Each sense below has its own examples, sources, and questions.
Simone Sanders testified about an out-of-court statement at trial. Defense counsel promptly moved to strike the testimony on hearsay grounds. The court granted the motion and instructed the jury to disregard the statement.
Sylvia Santos faced an attacker who swung a metal bar at her head. She struck back with a defensive shove that caused serious injury. The court held the force privileged because it responded to an imminent threat of serious bodily harm.
Sabrina Shah filed a complaint containing only conclusory allegations. The defendant moved for a more definite statement before answering. After Shah failed to comply with the court's order within fourteen days, the court struck the pleading.
The court must strike an unsigned paper unless the omission is promptly corrected after notice to the attorney or party. The rule requires the paper to bear at least one attorney's signature or the unrepresented party's signature together with address and contact information.
A party must timely object or move to strike and state the specific ground unless apparent from context. Failure to do so forfeits the claim of error on appeal.
Serious bodily harm differs in kind from ordinary harm and includes substantial risk of death, mayhem, or permanent loss of function of an important organ or member. The focus is on the harm the actor intends or that a reasonable person would expect.
Once the defendant shows that peremptory strikes were exercised on racial grounds, the prosecutor must articulate a race-neutral explanation. The trial court then decides whether purposeful discrimination has been proven.
An intentional voluntary act such as striking out the party's signature discharges the obligation. The holder may also surrender, destroy, or cancel the instrument or add words of discharge.
…(WHITE, J., concurring in result). In the recent abortion cases, cited above, courts have recognized these principles. Those striking down state laws have generally scrutinized the State's interests in protecting health and potential life, and have concluded that neither interest justified broad limitations on the reasons…