Strike out
A court procedure used to remove improper, irrelevant, scandalous, vexatious, or prejudicial material from court papers.
Definition
A strike-out issue usually turns on the exact wording in the pleading or affidavit and whether it causes prejudice or should not be part of the record. The practical review should identify the disputed paragraphs, document type, procedural rule, prejudice, timing, supporting affidavit where needed, and whether amendment, exception, objection, or argument is the better route.
In a South African legal context, strike out should not be treated as an isolated dictionary word. It usually sits inside a broader civil procedure process, and that process can affect what documents are needed, which deadlines matter, and what next step is sensible.
Key takeaways
A court procedure used to remove improper, irrelevant, scandalous, vexatious, or prejudicial material from court papers.
Civil Procedure
Book Civil Procedure Lawyer
How it applies
Strike out often matters when a person is dealing with Improper affidavit material, Prejudicial pleading, and Court papers objection. The term can shape how the problem is described, which facts matter, and what evidence should be gathered.
Related resources such as Court Process Timeline Map, Civil Litigation Consultation Pack, and Litigation Checklist help turn the concept into a practical preparation path before a consultation or formal step.
Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Improper affidavit material
Improper affidavit material where the person needs to understand how strike out affects the next legal step.
Prejudicial pleading
Prejudicial pleading where the person needs to understand how strike out affects the next legal step.
Court papers objection
Court papers objection where the person needs to understand how strike out affects the next legal step.
Next steps
What usually happens next
Start by using the definition and related questions on this page to place the issue inside the correct civil procedure pathway.
Use the related resource path for Court Process Timeline Map, Civil Litigation Consultation Pack, and Litigation Checklist to prepare documents, dates, facts, or questions before speaking to a lawyer or firm.
When the matter is urgent, disputed, document-heavy, or deadline-sensitive, move from research into lawyer discovery through Civil Litigation Lawyers Johannesburg or compare support through Litigation Firms.
Related resources
Resources and guides
Court Process Timeline Map
Process resource for summons, notices, pleadings, hearings, judgment, and enforcement milestones.
Civil ProcedureClient Document PackCivil Litigation Consultation Pack
Prepare a civil procedure document pack by organising identity, authority, core matter records, official records, correspondence, financial records, deadline notes, and fee questions.
Civil ProcedureChecklistLitigation Checklist
Litigation Checklist for preparing documents, facts, dates, and questions connected to civil procedure.
Civil ProcedureFAQs
Strike out FAQs
What does strike out mean in court?
What does strike out mean in court starts with the definition above, but the practical meaning depends on where it appears in the civil procedure process. Use the related Affidavit term, resources, and lawyer searches to understand the next step.
What material can be struck out?
What material can be struck out depends on the facts, the documents involved, and where the matter sits in the civil procedure process, especially where it relates to improper affidavit material. Start with the definition above, then use the related terms and resources to understand the next step.
Is strike out the same as exception?
Is strike out the same as exception depends on the facts, the documents involved, and where the matter sits in the civil procedure process, especially where it relates to improper affidavit material. Start with the definition above, then use the related terms and resources to understand the next step.
What documents should be marked for review?
What documents should be marked for review depends on the facts, risk, documents, and the stage of the civil procedure process. Use Court Process Timeline Map to prepare, then consider whether lawyer or firm support is needed.
Find legal help
Lawyers and firms
Need help with civil procedure?
Use this term as context, then compare relevant lawyers or law firms for your next step.