What does a motion to strike target?

Prepare for the North Carolina Civil Procedure Test. Use flashcards and multiple-choice questions with hints and explanations. Gear up for your exam!

Multiple Choice

What does a motion to strike target?

Explanation:
The key idea is that a motion to strike under Rule 12(f) is used to remove material that is actually inside the pleading and is improper. The rule allows striking from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. In other words, you trim away parts of the pleading itself that shouldn’t be there, not attachments or other things outside the pleading text. Exhibits aren’t the target of a 12(f) strike; they’re attachments to the pleading and aren’t what the rule is designed to remove. The motion isn’t used to strike an entire pleading, nor is it used to strike only evidence. So the valid scope is removing specific improper material contained within the pleading, not the exhibits or the whole document.

The key idea is that a motion to strike under Rule 12(f) is used to remove material that is actually inside the pleading and is improper. The rule allows striking from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. In other words, you trim away parts of the pleading itself that shouldn’t be there, not attachments or other things outside the pleading text.

Exhibits aren’t the target of a 12(f) strike; they’re attachments to the pleading and aren’t what the rule is designed to remove. The motion isn’t used to strike an entire pleading, nor is it used to strike only evidence. So the valid scope is removing specific improper material contained within the pleading, not the exhibits or the whole document.

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