The to attack movement is a request by a party in a hearing requesting that the presiding judge order the abolition of all or part of the adversary's defense to the court. The motion to attack is most often sought by the defendant, as is the matter contained in the plaintiff's complaint; however, they may also be affirmed by the plaintiff for the defendant's reply or other solicitation such as a cross-complaint. The Federal Rule of Civil Procedure Rule 12 (f) states that if the complaint contains "excessive, immaterial, impertinent or embarrassing material," it may be subject to movement. Similarly, California Civil Procedures Section Division Section 436 provides, in part, that a movement to attack can be carried out to strike out any "irrelevant, wrong, or inappropriate issues included in the petition." A strike motion may also be used to request the removal of all or part of the testimony of a court witness. During a jury trial, if a movement to attack a witness's testimony is given, the jury is usually ordered to ignore the statement.
Source of the article : Wikipedia
0 Comments