A motion to strike means that we are asking the court to throw out the answer that was submitted by the defense lawyer. When a lawsuit is started, we are obligated to file papers known as a 'summons and complaint'. The complaint makes general allegations of wrongdoing against the person you have sued.
Full Answer
What is a Motion to Strike the Defendant's Answer? First, a motion is simply a request to the court that is put into writing. A motion to strike means that we are asking the court to throw out the answer that was submitted by the defense lawyer. When a lawsuit is started, we are obligated to file papers known as a 'summons and complaint'.
When a judge strikes a motion, he removes the motion from the court docket. After a motion is stricken, it must be re-noted for hearing. If the notice from the lawyer is a re-note or a note for hearing, then that is the new hearing date.
If the judge strikes the defendants answer, a similar thing happens. You get an automatic win simply for showing up. It means the defense no longer has the ability to defend the case. Instead, the case will then proceed to the damages portion to determine how much compensation to award the injured victim.
If the notice from the lawyer is a re-note or a note for hearing, then that is the new hearing date. If you are confused at all, I recommoment that you call the court clerk's office and ask whether the motion is on for hearing as stated in the lawyer's communcation to you.