![]() ![]() Generally, the striking of pleadings is not favored and all doubts are to be resolved in favor of the attacked pleadings. What is the Standard for a Motion to Strike a Sham Pleading under Rule 1.150? 2d DCA 1982), the Court concluded that when a party submits any evidence to support his allegations which directly contradicts the other party’s position, the court cannot strike one party’s pleadings simply because the opposing party says they are false. The submission of affidavits does not excuse the requirement for an evidentiary hearing. ![]() The argument of counsel at such a hearing (or any hearing) is not evidence. However, the required evidentiary hearing is not meant to try the issues, but rather determine whether there are any genuine issues to be tried. Moreover, the trial court must hold an evidentiary hearing before deciding a Rule 1.150 motion to strike. In addition to being verified, a motion to strike a sham pleading “shall set forth fully the facts on which the movant relies and may be supported by affidavit.” Fla. Failure to do so could lead the court to construe the motion as a motion to strike under Rule 1.140(f). Importantly, a motion to strike a sham pleading under Rule 1.150 must be verified (i.e., sworn to) by the moving party. What is the Procedure for Making a Motion to Strike Under Rule 1.150? 1.150(a) (the remedies of “efault and summary judgment on the merits may be entered in the discretion of the court or the court may permit additional pleadings to be filed for good cause shown.”). Alternatively, a Rule 1.150 motion can be dispositive, meaning it could determine the outcome of the case. Under Rule 1.150, a party with questionable allegations may be tested before the trial court, locking them into a sworn, sham position early in the case. 5th DCA 2005) (“ule 1.150 is the only rule that authorizes the striking of an entire pleading”). Rule 1.150 allows for the entire pleading to be stricken, unlike the motion to strike redundant, immaterial, impertinent, or scandalous matters under Rule 1.140(f), which only allows the offending parts of a pleading to be stricken. Specifically, Rule 1.150 states that “f a party deems any pleading or part thereof filed by another party to be a sham, that party may move to strike the pleading or part thereof before the cause is set for trial and the court shall hear the motion, taking evidence of the respective parties, and if the motion is sustained, the pleading to which the motion is directed shall be stricken.” Fla. “A pleading is only considered a sham when it is inherently false and clearly known to be false at the time the pleading was made.” Cromer v. A motion to strike a sham pleading is governed by Florida Rule of Civil Procedure 1.150. 1.150įlorida’s Civil Rules also allow for a motion to strike “sham” pleadings. Motion to Strike Sham Pleading in Florida Civil Cases under Fla. ![]() The third article will address motions to strike legally insufficient defenses under Rule 1.140(b), as well as, less common motions to strike available under different Florida Civil Rules. The first article addressed motions to strike redundant, immaterial, impertinent, or scandalous matter under Fla. This article addresses motions to strike sham pleadings under Fla. This is the second in a three part series of articles discussing the several varieties of motions to strike available during the litigation of Florida civil cases. ![]()
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