Motion to Strike in Montana

Understanding the Purpose and Significance of a Motion to Strike

“A motion to strike is the proper mechanism to address inappropriate content in a brief.” Kinsey-Cartwright v, Brower.” (See Flynn v. Montana State Fund, No. DA 10-0368, at *20 (Mont. June 13, 2011); Kinsey-Cartwright v. Brower (2000) 300 Mont. 450, 454.)

“The court may, on motion or sua sponte, strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” (See Yeager v. Anderson (2015) 357 P.3d 335, 3-4.)

Rules for Filing a Motion to Strike

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

“The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” (See M.R. Civ. P. 12(f).)

“The court may act:

1. on its own; or
2. on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading.”

(See id.)

Discretion of the Court in Deciding a Motion to Strike

"A motion to strike is addressed to the sound discretion of the court, and ordinarily, the refusal to grant it will not be disturbed, unless it clearly appears that the trial court's discretion has been abused.” (See Collishaw v. American Smelting Co. (1948) 121 Mont. 196, 199.)

“However, it is recognized that striking a pleading is a severe remedy and should be resorted to only in cases palpably requiring it for the administration of justice.” (See id.)

“The test for abuse of discretion is whether the trial court acted arbitrarily without employment of conscientious judgment or exceeded the bounds of reason resulting in substantial injustice.” (See Circle S Seeds v. T M Transporting (2006) 331 Mont. 76, 79.)

Legal Precedents and Case Law on a Motion to Strike

It is well settled that “in order to preserve an objection to the admission of evidence for purposes of appeal, the objecting party must make a timely objection or motion to strike and state its specific grounds. The objection must appear on the record. Rule 103, M.R.Evid. To be timely, the objection must be made as soon as the ground for the objection becomes apparent.” (See Kizer v. Semitool, Inc. (1991) 251 Mont. 199, 207; Matter of Bower (2010) 355 Mont. 108, 112.)

It is also well settled that “a motion to strike is not one favored in law.” (See Brown v. Homestake Exploration Co. (1934) 98 Mont. 305, 313.)