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Motion to Strike vs. Motion to Dismiss
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TLDR: Just help me figure out when to use a Motion to Strike vs. a Motion to Dismiss.

Opposing counsel filed a Motion to Dismiss our Petition for lack of jurisdiction. The Court clearly has jurisdiction over all parties and opposing counsel's motion just points to a few clerical errors in our Petition and that we didn't register a foreign judgment. If anything OC should have filed a Motion to Strike to remove certain elements from our Petition, but he instead filed to dismiss for lack of jurisdiction.

We will amend our Petition, but we were trying we were debating if it would be more appropriate for our office to file a Motion to Strike or a Motion to Dismiss. It seems weird to me that we would file a Motion to Dismiss their Motion to Dismiss. At that point, I feel like we would just respond to their Motion to Dismiss. I really thought that a Motion to Strike was the correct thing to do, but one of the attorneys wasn't so sure.

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4 years ago