What are the possible responses a Plaintiff can file to a Motion to Strike Part of their Complaint, based on the Hearsay Rules?

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Anonymous May 27, 2015 Lawsuits And Disputes 2 views 2 answers

I want to prepare for the hopefully finite responses a Plaintiff may have to this Motion. If someone can either list the possible responses so that I can research case law, statutes, rules, etc...or, direct me to a reliable source where I can find information, I would greatly appreciate it. FYI: The Motion to Strike was filed as a response to the Plaintiff's Motion for Default for Failure to Plead.Time limits to respond are confusing, yet I got the Motion to Strike filed in the nick of time (6th day after the Plaintiff filed for Default, right?)Thankfully, I had done my research on this type of Motion beforehand, and although I have a feeling it will be contested/denied,hopefully I've given myself a fair shot with some extra time to respond. If more info is needed, let me know.

Attorney Answers

Christopher Dematteo

Christopher Dematteo · Jun 15, 2026

The response would be an objection. It's your motion so you should review your arguments to anticipate counter-arguments. The other side also might argue that your reasons are not suitable for a motion to strike. The Practice Book is a good place to start. I agree with Atty. Collins. Motions to strike challenge the legal sufficiency of a pleading. Hearsay is an evidentiary issue--with many exceptions--and usually only an issue in a proceeding where testimony is given.

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Robert Collins

Robert Collins · Jun 15, 2026

I have never heard of a motion to strike portions of the complaint due to hearsay. The Complaint is not evidence. Hearsay concerns rules of evidence at trial. The Complaint merely states the facts that the plaintiff believes he can prove at trial and the legal theories for which he believes the facts entitle him to a judgment.

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