When must a motion to strike of a matter in the complaint be made?

Study for the Civil Procedure 1 Exam. Explore multiple choice questions and detailed explanations to understand key concepts effectively. Prepare for success in your academic endeavors!

Multiple Choice

When must a motion to strike of a matter in the complaint be made?

Explanation:
A motion to strike a matter from a complaint is a pleading-cleaning tool, used to remove immaterial, impertinent, or redundant allegations. The timing is crucial: it must be raised before an answer is filed. This keeps the issues narrow from the start and avoids allowing the challenged material to become part of the responsive pleading. If you wait until after an answer is served, the motion to strike is typically not timely and is deemed waived in most systems. So the correct moment to bring the motion is before filing an answer.

A motion to strike a matter from a complaint is a pleading-cleaning tool, used to remove immaterial, impertinent, or redundant allegations. The timing is crucial: it must be raised before an answer is filed. This keeps the issues narrow from the start and avoids allowing the challenged material to become part of the responsive pleading. If you wait until after an answer is served, the motion to strike is typically not timely and is deemed waived in most systems. So the correct moment to bring the motion is before filing an answer.

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