Rule 12(f) permits striking an insufficient defense or redundant, immaterial, impertinent, or scandalous material. The motion must be made before responding or within twenty-one days if no response is permitted.
Courts disfavor the motion.
Alternative Names:
Rule 12(f) Motion, Motion to Strike Pleading
Why it Matters?
Courts grant these motions rarely, treating them as disfavored and frequently noting that immaterial allegations cause no prejudice. The exception is genuinely scandalous material that would prejudice the defendant if it reached a jury or the public record, which courts do strike. Filing routinely against boilerplate affirmative defenses consumes resources without accomplishing much, since the defenses can be tested at summary judgment.
Frequently Confused with
Related terms
Frequently asked questions
Are motions to strike routinely granted?
When do they succeed?
