A motion to strike a sham pleading in Florida, brought under Rule 1.150 of the Florida Rules of Civil Procedure, asks a judge to remove a pleading — or specific parts of it — from the record on the ground that the factual statements in it are false and were known to be false when filed. It is one of the few pretrial motions that triggers a full evidentiary hearing, and it can result in an entire complaint or answer being stricken, with a default or summary judgment entered in its place.
Because the stakes are high on both sides, the rule sets a demanding standard. You need verification under oath, specific facts, and evidence strong enough to overcome a presumption that favors the challenged pleading.
What Qualifies as a Sham Pleading
A sham pleading is one that is demonstrably untrue, not merely weak or poorly drafted. Florida courts have described it as “a mere pretense, set up in bad faith and without color of fact,” or a filing that is “inherently false and, based on plain or conceded facts, clearly known to be false at the time the pleading was made.” The controlling word is “known.” You must show that the filer was aware the statements were false when the pleading was made, not simply that later evidence proved them wrong.
A denial that a contract exists, contradicted by the original signed and notarized document, looks like a sham. A dispute over how much is owed under that same contract does not. The second is a genuine factual disagreement, which is what trials exist to resolve. A stronger evidentiary position alone is not enough to strike the other side’s pleading.
Florida courts resolve all doubts in favor of the challenged pleading. If there is any reasonable reading under which the disputed statements could be true, the motion will likely be denied.
What the Motion Must Contain
Rule 1.150(b) imposes stricter requirements than most pretrial filings. Every element below matters.
- Verification under oath. The motion must be signed under oath. You are personally swearing that its contents are true and exposing yourself to perjury penalties if they are not. An unverified motion under Rule 1.150 is defective.
- Specific identification of the falsehoods. Point to the exact paragraphs or statements you are challenging. A blanket claim that an entire pleading is false, without pinpointing what is false, will not hold up.
- Full factual basis. The rule requires the motion to “set forth fully the facts on which the movant relies.” Explain precisely why each challenged statement is false and how you know.
- Supporting documents and affidavits. Attach the proof — canceled checks, signed contracts, authenticated communications, or similar records. Affidavits strengthen the motion and preview your evidence, though they do not substitute for the hearing itself.
One quirk of the rule: no traverse is required. The opposing party is not obligated to file a written response. The dispute is resolved at the hearing.
When to File
Rule 1.150(a) sets one clear deadline. The motion must be filed “before the cause is set for trial.” There is no fixed number of days after service of the offending pleading, but delay weakens the motion. Sitting on evidence for months invites a judge to ask why the issue was not raised sooner.
File with the clerk, serve all parties, and then contact the judge’s office to schedule a hearing. Ask for more time on the calendar than a routine motion would need, because live evidence and possible witness testimony are involved.
The Evidentiary Hearing
This is where Rule 1.150 practice diverges from ordinary pretrial motions. The rule requires the court to hear the motion “taking evidence of the respective parties,” and Florida courts read that as requiring a full evidentiary hearing. In practice, it functions as a mini-trial focused on whether the challenged statements are fabricated.
Both sides present evidence. You can call witnesses, introduce documents, and argue that the pleading is a sham. The opposing party can defend the filing with their own witnesses and exhibits. The judge weighs the evidence live rather than on a paper record. Argument of counsel alone does not satisfy the rule, and neither does a paper submission of affidavits without an opportunity to present evidence.
There is a significant limitation. The Florida Bar Journal has described the procedure as “a mini-trial without the benefit of discovery.” The rule builds in no discovery period tied to the motion. If you need depositions or document production to make your case, pursue that through ordinary discovery first. The motion works best when you already hold the hard proof — a signed document, a recording, bank records, or similar.
Possible Outcomes
If the motion is sustained, the challenged pleading or the specific false portions are stricken. What happens next depends on the scope of what was struck. If individual paragraphs or affirmative defenses are removed, the case continues without them. If an entire answer or complaint is stricken, the effect is more severe.
Rule 1.150(a) gives the court discretion to enter a default or summary judgment on the merits when a pleading is stricken. If a defendant’s entire answer is stricken as a sham, the court can enter default, treating the defendant as if they had never responded. If a plaintiff’s complaint is stricken, summary judgment for the defendant becomes available.
The court may instead permit the offending party to file a new pleading “for good cause shown.” This is not automatic. The party must show a legitimate reason to try again, and the replacement must correct the false statements. Judges sometimes take this route when valid claims are mixed in with fabricated ones.
If the motion is denied, the pleading stays. Denial is common, because doubts are resolved in favor of the challenged filing.
Fees and Sanctions Under Section 57.105
Filing a sham pleading can expose both the party and their attorney to financial sanctions. Florida Statute 57.105 requires an award of reasonable attorney’s fees when a claim or defense is not supported by the material facts necessary to establish it, or would not be supported by existing law applied to those facts. Fees are split equally between the losing party and their attorney. The statute also permits fees when a litigation action was taken primarily to cause unreasonable delay.
A pleading stricken as a sham under Rule 1.150 can support a separate motion for fees under Section 57.105, because the court has already found the filing to be knowingly false.
Section 57.105 carries a 21-day safe harbor. The sanctions motion must first be served on the opposing party, and if the challenged filing is withdrawn or corrected within 21 days, the motion cannot be filed with the court. The safe harbor lets the filer back down before sanctions become unavoidable, and it protects attorneys who relied in good faith on their client’s representations.
When a Different Motion Is the Right Tool
Rule 1.150 targets falsity, not legal deficiency. If the problem with the other side’s filing is that its legal theory is wrong rather than that its facts are fabricated, a different motion applies. A motion to dismiss argues that even if every fact is true, the claim fails as a matter of law. A motion to strike a defense under Rule 1.140(b) tests whether a defense is legally sufficient and must be filed within 20 days of the responsive pleading. A motion to strike redundant or irrelevant matter under Rule 1.140(f) removes specific passages that have no bearing on the case and requires neither verification nor an evidentiary hearing. None of these can be used to strike an entire pleading as false. Only Rule 1.150 does that.
If the Motion Is Filed Against You
Rule 1.150 does not require you to file a written response. That is not a reason to arrive at the hearing unprepared. You need evidence ready to show that your pleading is truthful, or at minimum that there is a genuine factual dispute about the challenged statements.
The standard works in your favor. Courts resolve doubts against striking, so any reasonable basis for the statements in your filing should defeat the motion. Bring witnesses, documents, and anything else that supports the truthfulness of the challenged assertions. If some statements in your pleading are indefensible while others are valid, consider amending voluntarily before the hearing. That removes the strongest arguments from the motion and reduces your exposure under Section 57.105.