When can a party request a strike of evidence?

When can a party request a strike of evidence?

• A. Only during a mistrial.
• B. When the evidence is objectionable or there are grounds to exclude it; the court may strike the part or the whole.
• C. Only after the judge has ruled on admissibility.
• D. The party may not request it; only the court can.

Answer: (B)

When evidence is objectionable or there are grounds to exclude it, a party can request that the court strike it from the record. This remedy is used to clean up the record and prevent improper material from influencing the outcome. The judge has the discretion to strike just the problematic portion or the entire item if necessary. You typically raise this request on the record as the evidence comes in, and it can be used even before a formal ruling on admissibility if the issue is clear. It’s a tool you, the party, may invoke, not something the court must do on its own, and it’s not limited to mistrials or to after a ruling on admissibility.

When evidence is objectionable or there are grounds to exclude it, a party can request that the court strike it from the record. This remedy is used to clean up the record and prevent improper material from influencing the outcome. The judge has the discretion to strike just the problematic portion or the entire item if necessary. You typically raise this request on the record as the evidence comes in, and it can be used even before a formal ruling on admissibility if the issue is clear. It’s a tool you, the party, may invoke, not something the court must do on its own, and it’s not limited to mistrials or to after a ruling on admissibility.