What Is the Difference Between a Motion to Strike and a Motion to Dismiss, and How Do You Get Both Drafted?

Filing the wrong motion wastes time, money, and credibility with the court. Litigants confuse a motion to strike with a motion to dismiss because both attack the opposing party's filings, yet each targets a different defect and produces a different result. A motion to dismiss challenges whether an entire claim survives, while a motion to strike removes specific defective material from a pleading. This article defines both tools, compares their grounds, timelines, costs, and risks, and shows where to get each one drafted by experienced legal professionals at LegalHusk.

Key Takeaways

A motion to dismiss asks the court to terminate a claim or an entire case for a legal defect, such as failure to state a claim or lack of jurisdiction. A motion to strike asks the court to delete improper portions of a pleading, such as redundant, immaterial, impertinent, or scandalous matter. Both rely on the Federal Rules of Civil Procedure (FRCP) or their state equivalents.

1. A motion to dismiss attacks the legal sufficiency of a claim under Rule 12(b), while a motion to strike attacks defective content under Rule 12(f).
2. A granted motion to dismiss can end a case, while a granted motion to strike narrows a pleading.
3. Filing the wrong motion delays the case and risks denial with prejudice.
4. Professional drafting produces court-ready, jurisdiction-tailored motions that withstand opposition.
5. LegalHusk drafts both motions for attorneys and pro se litigants.

What is a motion to dismiss in civil litigation?

A motion to dismiss is a pretrial request asking the court to terminate a claim or an entire lawsuit because of a legal defect, before the defendant files an answer. The motion does not dispute facts. It argues that the complaint fails as a matter of law.

Under Federal Rule of Civil Procedure 12(b), a defendant raises seven grounds, such as lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, failure to state a claim upon which relief can be granted, and failure to join a required party. Rule 12(b)(6), failure to state a claim, is the ground litigants invoke most often.

A worked example clarifies the standard. A plaintiff sues for breach of contract but never alleges that a contract existed. A defendant moves to dismiss under Rule 12(b)(6) because the complaint omits an essential element. The court accepts the alleged facts as true, yet dismisses because no valid claim appears. Our complete guide to drafting a strong motion to dismiss breaks down each ground with examples.

What is a motion to strike and what does it remove from the record?

A motion to strike is a request asking the court to delete specific defective material from a pleading rather than dismiss the claim. It targets words, paragraphs, or defenses that do not belong in the record, leaving the valid portions intact.

Federal Rule of Civil Procedure 12(f) authorizes the court to strike "redundant, immaterial, impertinent, or scandalous matter" from a pleading. A redundant allegation repeats facts already pleaded. An immaterial allegation has no bearing on the claim. An impertinent allegation states matter outside the issues. A scandalous allegation casts a derogatory light on a party without evidentiary purpose.

A common target is a defective affirmative defense. A defendant pleads "unclean hands" with no supporting facts, and the plaintiff moves to strike the bare defense. A drafter handling a motion to strike affirmative defenses in federal court identifies each insufficient defense and cites the governing rule. Litigants use the motion to remove scandalous defenses, prejudicial allegations, and non-responsive answers.

How does a motion to strike differ from a motion to dismiss?

A motion to strike differs from a motion to dismiss in target and result. A motion to strike removes improper content from a pleading under Rule 12(f). A motion to dismiss terminates a claim or case under Rule 12(b). One edits the record; the other ends a claim.

The table below compares both motions on shared attributes.

| Attribute | Motion to Dismiss | Motion to Strike | |---|---|---| | Governing rule | FRCP 12(b) | FRCP 12(f) | | Target | Entire claim or case | Specific defective matter | | Typical outcome | Claim terminated | Content deleted | | Common ground | Failure to state a claim | Scandalous or immaterial matter | | Filed by | Usually the defendant | Either party |

A pro se litigant comparing the two should read our motion to dismiss versus motion to strike guide for a side-by-side breakdown.

When should you file a motion to strike versus a motion to dismiss?

File a motion to dismiss when the entire claim fails as a matter of law, and file a motion to strike when the pleading states a valid claim but contains improper material. The defect dictates the motion.

Choose a motion to dismiss when the complaint lacks an essential element, the court lacks jurisdiction, or service was improper. Choose a motion to strike when a paragraph injects scandalous accusations, an answer pleads insufficient defenses, or a filing repeats immaterial facts. A defendant facing a debt suit with no attached contract files a motion to dismiss, as outlined in our resource on hiring a lawyer to draft a motion to dismiss a debt collection claim. A party facing inflammatory but legally adequate allegations files a motion to strike instead.

What are the legal grounds and rules that govern each motion?

Rule 12(b) governs the motion to dismiss, and Rule 12(f) governs the motion to strike. State courts apply parallel rules, and the grounds vary by jurisdiction, so the controlling rule must match the forum.

Rule 12(b) supplies seven defenses, with failure to state a claim under 12(b)(6) being the ground courts address most frequently. Rule 12(f) supplies four categories of strikable matter, such as redundant, immaterial, impertinent, and scandalous content. Under Rule 12(f), the court strikes matter on its own initiative or on a party's timely motion. Deadlines and standards differ between federal and state courts, so a New York filing follows different timing than a California filing. A drafter confirms the local rule before citing it.

What does the filing process and timeline look like for both motions?

The filing process for both motions follows four ordered steps, and the timeline depends on the responsive-pleading deadline in the governing rule. Both motions are filed before or with the responsive pleading in most jurisdictions.

1. Draft the motion, stating the rule, the defect, and the relief requested.
2. Support the motion with a memorandum of law citing authority.
3. Serve the motion on every opposing party under the service rules.
4. File the motion with the court and note the hearing or briefing schedule.

A motion to dismiss is generally filed within 21 days of service of the complaint under Rule 12(a), before the answer. A motion to strike under Rule 12(f) is filed within 21 days after service of the challenged pleading when no responsive pleading is allowed. Our walkthrough on how to file a motion to dismiss fast details each step.

What are the risks and consequences of filing the wrong motion?

Filing the wrong motion wastes the deadline, signals inexperience, and risks denial that weakens later filings. A motion to strike used to attack a whole claim fails because the court reads Rule 12(f) narrowly. A motion to dismiss aimed at a single offensive sentence fails for the same mismatch.

Courts disfavor motions to strike and deny them when no prejudice is shown. A denied motion costs filing time and can forfeit a stronger argument raised too late. Selecting the correct motion the first time preserves credibility and protects the schedule.

How do the two motions affect the outcome and strategy of a case?

The two motions shape strategy by controlling what the opponent can argue. A granted motion to dismiss removes a claim and can end the case. A granted motion to strike narrows the pleading, eliminates prejudicial matter, and limits discovery.

A defendant uses the motion to dismiss to force early exit on weak claims, saving litigation cost. A plaintiff uses the motion to strike to clean the record before trial, as shown in our resource on a motion to strike prejudicial pleadings. Both motions pressure the opponent and frame the issues the court will decide.

How much does it cost to have a motion to strike or motion to dismiss drafted?

The cost to have either motion drafted depends on case complexity, jurisdiction, and the volume of supporting authority. Flat-fee drafting gives a fixed price, which keeps litigation budgets predictable for both attorneys and pro se litigants.

A straightforward motion to strike a single defense costs less than a multi-ground motion to dismiss requiring extensive briefing. Our breakdown of how much a motion to dismiss costs to draft explains the pricing factors and what each fee covers.

Where can you hire someone to draft both a motion to strike and a motion to dismiss?

Experienced legal drafters, attorneys, and lawyers who prepare both motions are available through LegalHusk. The team drafts court-ready, jurisdiction-tailored motions for attorneys and pro se litigants, citing the correct rule and structuring each argument to withstand opposition.

LegalHusk handles the full range, from a done-for-you motion to dismiss to a targeted motion to strike. Attorneys rely on the service for filing-ready work, and pro se litigants contact LegalHusk for the same professional drafting standard.

Why choose professional drafting over DIY templates for these motions?

Professional drafting beats DIY templates because a template cannot match your facts to the controlling rule or anticipate the opponent's response. A generic form ignores jurisdictional variation and produces denials. A drafted motion applies the correct standard and frames the relief precisely.

Professional legal drafters analyze the pleading, identify the exact defect, and cite verifiable authority. LegalHusk documents are built to withstand challenges, giving your filing a credible structure no template provides. Contact LegalHusk to have both motions drafted by a qualified legal professional.

Frequently Asked Questions

1. Can you file a motion to strike and a motion to dismiss together?

Yes. A defendant can combine both in one filing when the complaint fails as a matter of law and contains improper matter. Each request cites its own rule, Rule 12(b) for dismissal and Rule 12(f) for striking.

2. Does a motion to strike end a lawsuit?

No. A motion to strike removes defective material from a pleading and does not terminate the case. Only a motion to dismiss or a dispositive motion can end a claim.

3. Who can file a motion to strike?

Either party can file a motion to strike against an opponent's pleading. Plaintiffs strike insufficient defenses, and defendants strike scandalous or immaterial allegations in a complaint.

4. Are these motions the same in state and federal court?

No. Federal courts apply FRCP 12(b) and 12(f), while state courts apply parallel rules with different deadlines and standards. The governing rule depends on the forum.

Conclusion

A motion to dismiss terminates a legally defective claim, while a motion to strike deletes improper matter from a pleading. Knowing the difference between a motion to strike vs motion to dismiss protects your deadline, your credibility, and your strategy. Professional drafting matches the correct rule to your facts and produces a filing that survives opposition. Contact LegalHusk today to have both motions drafted by experienced legal professionals.