Motion to Strike in Maine

“According to Maine Rule of Civil Procedure 12(f), upon motion made by a party, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” (See M.R. Civ. P. 12(f); Cole v. FCA U.S. LLC, No. BCD-CV-18-11, at *5-6 (Me. Super. May 12, 2018).)

"The motion to strike for the purpose of ridding the pleading of objectionable matter is not favored, and will probably be denied unless the presence of the matter complained of is calculated to be harmful." (See id; 2 Harvey, Maine Civil Practice § 12:17 at 432 (3d, 2011 ed.)

Rules for Filing a Motion to Strike

Rule 12(f) of the Maine Rules of Civil Procedure governs motions to strike.

“Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon the party or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” (See Me. R. Civ. P. 12(f).)

Discretion of the Court in Deciding a Motion to Strike

“We review judgments on motions to strike for abuse of discretion.” (See McNutt v. Johansen (1984) 477 A.2d 738, 740; Bahre v. Liberty Group, Inc. (2000) 750 A.2d 558, 561.)

“A district court abuses its discretion when the grounds underlying a district court order are clearly untenable or unreasonable.” (See Fenceroy v. Gelita USA, Inc. (2018) 908 N.W.2d 235, 241; Sioux Pharm, Inc. v. Eagle Labs., Inc. (2015) 865 N.W.2d 528, 535; Mediacom Iowa, L.L.C. v. Inc. City of Spencer (2004) 682 N.W.2d 62, 66.)

Legal Precedents and Case Law on a Motion to Strike

It is well settled that “where Rule 12(b) tests the sufficiency of the complaint, Rule 12(f) provides the means for testing the legal sufficiency of a defense.” (See Almeder v. Town of Kennebunkport, Civil Action RE-09-111, at *1 (Me. Super. Oct. 16, 2012); 1 Field, McKusick & Wroth, Maine Civil Practice 255 (2d ed. 1970).)

It is also well settled that “in an appropriate case a motion to strike might be employed to eliminate verbiage which is unnecessary or improper.” (See Cumberland Farms v. Maine Milk Comm (1964) 160 Me. 429, 436.)