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Source Pretrial Motions Complete Civil Procedure List Matched to this deck.

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0 tracked cards Civil Procedure

A complaint alleges that the defendant "failed to maintain safe stairs at 114 Hill Street on April 2, causing plaintiff to fall and fracture her wrist." The defendant says it can answer but wants the plaintiff to identify every witness and maintenance record in the complaint itself. The answer also includes an unrelated paragraph accusing the plaintiff's lawyer of prior misconduct in another case.
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A motion to strike must always be filed after trial. A Rule 12(e) motion is aimed at a pleading so vague or ambiguous that the responding party cannot reasonably prepare a response, and Rule 12(f) allows striking insufficient defenses or redundant, immaterial, impertinent, or scandalous matter. A Rule 12(f) motion may be used to obtain summary judgment on disputed facts. A Rule 12(f) motion is available only to plaintiffs.

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