Navigating Florida family law can be complex, and sometimes, parties file pleadings that are frivolous or lack merit—what's known as "sham pleadings." Understanding how to address such filings through a Motion to Strike is crucial for protecting your interests and ensuring a fair resolution. This guide will delve into the intricacies of filing a Motion to Strike a sham pleading in Florida family law cases.
What Constitutes a Sham Pleading in Florida Family Law?
A sham pleading, in the context of Florida family law, is a document filed with the court that is demonstrably false, lacks evidentiary support, or is designed to harass, delay, or mislead the opposing party. It doesn't present a genuine legal argument or claim. The court views such pleadings as an abuse of the legal process. Examples include:
- Allegations without supporting evidence: Making serious accusations without providing any documentation or credible testimony to back them up.
- Repetitive or redundant claims: Filing the same claims multiple times without adding any new information.
- Factually inaccurate statements: Including demonstrably false information within the pleading.
- Frivolous or baseless claims: Making claims that are clearly without legal merit or possibility of success.
- Claims intended solely to harass: Filing a pleading with the primary goal of causing undue stress or burden on the opposing party, rather than furthering a legitimate legal objective.
How to File a Motion to Strike a Sham Pleading in Florida
Filing a Motion to Strike in Florida family law requires careful preparation and adherence to specific procedural rules. Generally, this involves:
- Identifying the objectionable pleading: Pinpoint the specific paragraphs or sections within the pleading you believe are sham.
- Drafting the motion: Your motion should clearly state the grounds for striking the pleading, citing relevant case law and statutes. It must specifically identify the offending portions of the pleading and explain why they constitute a sham. Provide clear and concise arguments supported by evidence.
- Supporting evidence: Gather any evidence that demonstrates the falsity or lack of merit in the opposing party's claims. This could include sworn affidavits, documents, or other admissible evidence.
- Filing the motion with the court: Submit your motion and supporting documents to the appropriate court clerk according to the court's rules.
- Serving the opposing party: Properly serve the opposing party with a copy of your motion and supporting documents, providing them with the opportunity to respond.
- Hearing (if necessary): The court may schedule a hearing to consider the motion. Be prepared to present arguments and evidence to support your position.
What Happens After Filing a Motion to Strike?
The court has broad discretion in ruling on a Motion to Strike. If the court finds the pleading or portions thereof to be a sham, it will grant the motion and strike the objectionable material from the record. This effectively removes the false or frivolous claims from consideration in the case. The court may also impose sanctions on the party filing the sham pleading, depending on the severity of the offense.
What are the potential sanctions for filing a sham pleading?
The court can impose various sanctions for filing sham pleadings, including:
- Attorney's fees and costs: Requiring the offending party to pay the opposing party's legal expenses.
- Monetary fines: Imposing direct financial penalties.
- Dismissal of claims: Dismissing the entire case or specific claims if deemed appropriate.
- Reprimand or censure: A formal rebuke from the court.
Can a motion to strike be used against me?
Yes. It's crucial to ensure all pleadings you file in your Florida family law case are well-supported, accurate, and legally sound to avoid a motion to strike being filed against you. Consult with an experienced attorney to ensure your filings are legally compliant and minimize the risk of such actions.
What are the differences between a motion to dismiss and a motion to strike?
While both motions aim to remove objectionable material from a case, they differ in their scope and purpose. A motion to dismiss challenges the legal sufficiency of the entire pleading, arguing that it fails to state a claim upon which relief can be granted. A motion to strike, on the other hand, targets specific, objectionable portions of a pleading that are deemed irrelevant, immaterial, impertinent, or scandalous. A motion to strike focuses on the form of the pleading, whereas a motion to dismiss addresses its substance.
This information is for educational purposes only and does not constitute legal advice. You should consult with a qualified Florida family law attorney for advice tailored to your specific circumstances.
