Legal Question in Appeals and Writs in Virginia

Praecipe: Motion to strike

In a case were we are the

defendants, the plaintiff's attorney

sent a ''Praecipe'' for a Motion to

Strike the case before it is even

heard (due to them apparently not

receiving the Grounds of Defense on

time, which is false). What should or

are we supposed to do to prevent the

court from doing just that if we feel

that their grounds for such a motion

are wrong?


Asked on 1/16/08, 11:43 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Praecipe: Motion to strike

You should be happy because your adversary(the plaintiff)is apparently

withdrawing his or her claim(s) against you by motioning the court to have the case struck(removed) from the court's docket.

As to what you should now do? Keep your fingers crossed that it will not be refiled.

Read more
Answered on 1/19/08, 11:35 pm


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