Section 12.15 Motion to Strike or Corrective Jury Instructions

• Jurisdiction: Arizona

Evidence or testimony based entirely on an improper theory of valuation may be stricken.

State ex rel. Herman v. Larriva’s Ace Elec. Co., 11 Ariz. App. 452, 465 P.2d 589 (1970)

A motion to strike evidence must be specific as to the testimony to be stricken and the grounds for the motion.

American Sav. Life Ins. Co. v. State ex rel. Herman, 13 Ariz. App. 336, 476 P.2d 680 (1970)

Where the witness includes both compensable and noncompensable items in his valuation, his testimony may be stricken, either in part or in its entirety.

City of Tucson v. Transamerica Title Ins. Co. of Ariz., 26 Ariz. App. 42, 545 P.2d 1004 (1976) (not...