Art. 964.Motion to Strike
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 4. Written Motions · Enacted 1997 · no amendments on record · Last verified July 30, 2026
Full Text of Art. 964
Amendment History
Acts 1997, No. 1055, §1.
Plain-English Summary
The motion to strike is Louisiana's tool for cleaning up a pleading rather than attacking the case as a whole. Article 964 gives the court authority to remove specific material from a pleading, whenever a party asks or the court decides to act on its own.
Two categories of material are fair game. The first is an insufficient demand or defense — one that doesn't hold up as pleaded. The second is broader: redundant, immaterial, impertinent, or scandalous matter, language that doesn't belong in the case regardless of whether it's part of a formal claim or defense. A pleading padded with irrelevant accusations or unnecessary repetition is exactly what this second category targets.
The court can act on a motion to strike at any time, but only after a hearing — the party whose pleading is targeted gets a chance to defend what's on the page before any of it comes out.
Frequently Asked Questions
What can be struck from a pleading under Article 964?
Any insufficient demand or defense, and any redundant, immaterial, impertinent, or scandalous matter.
Can the court strike material from a pleading without a party asking it to?
Yes. Article 964 lets the court act on its own motion, not only in response to a party's request.
Does the court need to hold a hearing before striking material from a pleading?
Yes. Article 964 requires a hearing before the court orders anything stricken.