Rule 12.06.Motion to strike.
Current through June 18, 2026 · Last verified July 9, 2026
Full Text of Rule 12.06
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 12.06 is the housekeeping tool for pleadings. If the other side's complaint or answer includes a defense that has no legal basis, or padding that has nothing to do with the case, this rule lets a party ask the court to cut it out rather than litigate around it.
Timing depends on whether a response is expected. If a responsive pleading is coming, the motion to strike has to go in before that response is filed. If no response is allowed under the rules, the motion has 20 days from service of the pleading. Either way, the court can also strike material on its own, at any stage of the case, without waiting for a party to ask.
Frequently Asked Questions
What can I ask the court to strike from a pleading under CR 12.06?
Rule 12.06 covers two categories: an insufficient defense, meaning one that fails as a matter of law, and any redundant, immaterial, impertinent, or scandalous matter appearing anywhere in the pleading.
How long do I have to file a motion to strike?
If a response to the pleading is required, the motion must be made before that response is filed. If no response is permitted, the motion must be made within 20 days after the pleading was served.
Can a judge strike material without either side asking?
Yes. Rule 12.06 allows the court to order matter stricken from a pleading on its own initiative, at any time in the case.