9.20 Motions to Strike

• Library: Medical Malpractice Law in Virginia (Virginia CLE) (2017 Ed.)

9.20 MOTIONS TO STRIKE

When the plaintiff rests, the defense should regularly move to strike all or part of the plaintiff's case. To preserve the motion to strike for appeal, the motion should be renewed at the end of the defendant's case. Crafting an argument to support the motion along the basic elements that the plaintiff must prove is often useful, including the following grounds and objections, where applicable:

1. Motions in limine to exclude expert testimony should be renewed following the expert's testimony under certain situations, for example, when there is lack of foundation or speculation or when the expert is outside of his or her area of expertise. This should be done after the expert's testimony and after the plaintiff rests. The renewal of the motion can be brief and counsel can simply rely on what has previously been briefed

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