What does a “memorandum of law in opposition to defendant’s motion to strike” mean?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What does a “memorandum of law in opposition to defendant’s motion to strike” mean?

I received this notice in the mail today and am assuming this has something to do with the foreclosure proceedings on my house (for which my ex-husband’s name is still on the mortgage).

Asked on August 8, 2011 Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A memorandum of law is also often called a brief. It is essentially a written legal argument. It will restate key facts, cite cases and statutes, and explain why something should--or should not--be done. A "motion to strike" is a motion (or a request made to the court) made to eliminate another party's pleadings--their complaint or answer--or some ground, such as a failure to state a legal claim, failure to provide discovery, or violation of a court order. The defendant in a foreclosure proceeding is the homeowner; the plaintiff is typically the bank or else someone (like a new financial company) which bought the mortgage from the original lender.

Defendant's motion to strike would typically be a motion made by one of the defendants to throw out the plaintiff's complaint, essentially making the case go away. A memoranum of law in opposition to defendant's motion to strike would usually be plaintiff's legal argument about why the court should not do that.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption