A Florida motion to strike asks the court to remove specific language from an opposing party’s pleading under Rule of Civil Procedure 1.140(f), which covers matter that is redundant, immaterial, impertinent, or scandalous, or under Rule 1.140(b) when an affirmative defense fails as a matter of law.1The Florida Bar. Florida Rules of Civil Procedure Two things make this motion easy to get wrong: it does not pause your own deadline to answer, and a sloppy version can draw sanctions back at you.
What the Motion Can Remove
Rule 1.140(f) authorizes striking four kinds of content from any pleading.1The Florida Bar. Florida Rules of Civil Procedure
- Redundant matter. Allegations that repeat something already stated elsewhere in the same pleading. If a complaint pleads the same breach of contract in three paragraphs, two of them are fair game.
- Immaterial matter. Facts with no connection to any claim or defense. A paragraph about a party’s unrelated business dealings adds nothing and can be removed.
- Impertinent matter. Statements that may touch the subject but do not bear on any issue the court needs to resolve. This overlaps with immaterial and catches content that feels adjacent to the case without helping decide it.
- Scandalous matter. Allegations included to embarrass a party rather than prove anything. Personal attacks, irrelevant accusations of misconduct, and inflammatory language sit here.
Labeling the language with one of these words is not enough. Point to each paragraph or sentence, then explain in a line or two why it fits the category. Judges deny motions that simply conclude material is “immaterial” without showing why it has no bearing on any claim or defense.
Striking a Legally Insufficient Defense
A separate and more powerful use of the motion targets affirmative defenses that fail to state a legally recognized defense. Under Rule 1.140(b), if an answer raises a defense that does not hold up as a matter of law, you can move to strike it entirely.1The Florida Bar. Florida Rules of Civil Procedure The argument is that even if every fact the defendant alleges is true, the defense still does not work.
Florida is a fact-pleading state, so the party raising a defense must lay out the key supporting facts. A defense that names a legal doctrine without any factual basis, such as writing “estoppel” with nothing more, is vulnerable. Courts will not strike a defense just because the judge doubts the defendant can prove it. If the defense is legally valid on its face and raises a genuine factual question, it survives.
Timing Rules That Trip People Up
Most motions filed under Rule 1.140 pause the clock on your obligation to file an answer. A motion to strike under subdivision (f) does not.2Florida Supreme Court. Florida Rules of Civil Procedure – Committee Notes The rule carves these motions out of the tolling provision, so your answer deadline keeps running while the motion is pending.
If you have been served with a complaint and want to strike offensive paragraphs, you still need to file your answer within the original 20-day window (or whatever deadline applies in your case). Filing both at the same time is common practice: you answer the complaint and simultaneously move to strike the objectionable portions.
The outer deadlines split by purpose. For striking redundant, immaterial, impertinent, or scandalous matter, the rule allows the motion “at any time.”1The Florida Bar. Florida Rules of Civil Procedure For striking a legally insufficient defense, you have only 20 days after being served with the answer or reply. Miss that window and your remaining options are a motion for judgment on the pleadings or raising the issue at trial.
How to Draft the Motion
Start with a case caption. Florida Rule 1.100(c) requires the court’s name, the case file number, the names of the parties, and a designation identifying the document.3Florida Supreme Court. Florida Rule of Civil Procedure 1.100 – Pleadings and Motions Title the document something like “Motion to Strike Portions of Plaintiff’s Complaint” so the court and opposing party know what they are looking at.
The body follows a numbered-paragraph format. Open with a short paragraph identifying who you are and what you are asking the court to do. Then, in separate numbered paragraphs, identify each piece of language you want stricken. Quote or reference the specific paragraph number and the offending text. After each quoted portion, explain which ground under Rule 1.140(f) applies and why. Vague references to “various paragraphs” throughout a complaint will get the motion denied. Precision matters here more than in almost any other filing.
Close with a brief conclusion requesting the relief and a signature block. Attorneys include name, address, email, telephone number, and Florida Bar number. A self-represented party includes name, address, telephone number, and email address. Courts do not expect a Bar number from a pro se filer.
Filing and Serving the Motion
Florida requires court documents to be submitted through the Florida Courts E-Filing Portal.4Florida Courts E-Filing Authority. Florida Courts E-Filing Portal You will need a registered account, select the correct county, and enter your case number. Upload the motion as a PDF. The portal charges a small processing fee that varies by payment method, and the system generates a filing receipt that serves as your proof of filing.
You must also serve the motion on every other party. Florida Rule of Judicial Administration 2.516 governs service and requires a certificate of service at the end of the motion.5Florida Courts. Florida Rule of Judicial Administration 2.516 – Service of Pleadings and Documents The certificate states that you furnished a copy to the named recipients by a specified method on a particular date. Service on parties registered with the e-filing system happens electronically. A party not registered for e-service may need to be served by mail.
Getting a Hearing and the Ruling
Filing the motion does not automatically put it in front of a judge. Contact the presiding judge’s judicial assistant to schedule hearing time. Most judges require you to coordinate available dates with opposing counsel before requesting the hearing. At the hearing, you present your reasons for removing the targeted material and the opposing party explains why it should stay. The judge rules under the standards in Rule 1.140(f).
If the court grants the motion, you will typically be asked to draft a proposed order for the judge’s signature. The order should identify the specific paragraphs or language that are stricken and note that the motion was granted. Once signed, it becomes part of the case record.
Winning does not always end the matter. When a court strikes portions of a pleading, it often grants the opposing party leave to amend, meaning they can file a revised version that removes or rewrites the problematic material. This is especially common when the stricken content was poorly drafted rather than fundamentally improper. A party whose affirmative defense is stricken for lack of factual detail, for example, may get a chance to replead with more specificity.
Sanctions Risk on Both Sides
If the pleading you are targeting, or the motion to strike itself, is not just weak but baseless, Florida Statute 57.105 provides a separate sanctions mechanism. A court can award reasonable attorney’s fees against any party or attorney who raises a claim or defense unsupported by the facts or by existing law.6Online Sunshine. Florida Statutes 57.105 – Attorneys Fee; Sanctions for Raising Unsupported Claims or Defenses
Before filing a sanctions motion with the court, you must serve it on the opposing party and give them 21 days to withdraw or correct the challenged filing.6Online Sunshine. Florida Statutes 57.105 – Attorneys Fee; Sanctions for Raising Unsupported Claims or Defenses If the offending material is withdrawn within that window, the sanctions motion cannot be filed. The safe harbor runs both directions. If someone thinks your motion to strike is frivolous, they can serve a sanctions motion on you under the same process.
Sanctions are not appropriate when a party raises a good-faith argument for changing existing law, even if that argument fails. The statute targets filings that the party or attorney knew, or should have known, had no factual or legal support from the start.