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Sample motion to strike affirmative defenses in answer for United States District Court.

Sample Motion to Strike Affirmative Defenses in Answer for United States District Court

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Sample Motion to Strike Affirmative Defenses in Answer for United States District Court.

This sample motion to strike the affirmative defenses contained in an answer in United States District Court is made pursuant to Rule 12(f) of the Federal Rules of Civil Procedure on the grounds that none of the affirmative defenses in the answer state a sufficient defense, and that the allegations are not relevant to the causes of action in the complaint and constitute immaterial allegations which should be stricken.

The sample has been revised and updated in 2019, and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority, and
  • Proof of service by mail.

The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has used this sample for many years.

Note that the author is NOT an attorney and no guarantee or warranty is provided.