"Stricken from the record" is a legal term used to indicate that certain information, statements, or evidence has been removed or invalidated from the official record of a legal proceeding. This term is often applied during court cases, depositions, or hearings. Here are some key points to understand the concept in detail:
Legal Context: In a courtroom or legal setting, the "record" refers to the official documentation of everything that occurs in a case, including testimonies, evidence submitted, motions made, and rulings by the judge.
Reasons for Striking: Information may be stricken from the record for several reasons, including:
- Irrelevance: The information doesn’t pertain to the case.
- Prejudice: The information may unfairly sway the jury or judge against one party.
- Inadmissibility: The evidence does not meet legal standards for admissibility (e.g., hearsay, lack of foundation).
- Improper Procedure: The information was obtained or presented improperly.
- Misstatement: The judge or opposing party may recognize a misstatement of fact or law.
Impact on the Case: Once something is stricken from the record, it is as if it never existed in the context of the proceeding. The parties involved are generally instructed to disregard that information. It helps protect the integrity of the judicial process by ensuring that only relevant and admissible evidence is considered.
Procedure to Strike: A judge typically has the authority to strike information from the record, either upon objection by one of the parties or sua sponte (on the judge’s own initiative). The judge may express their ruling in formal terms, stating expressly that certain comments or pieces of evidence are stricken and should not be considered.
Subsequent Actions: In some cases, a party may request an instruction to the jury to disregard certain information that has been stricken, emphasizing that they should not consider it when making their decisions.
- Use of the Term: The term "stricken" can also be used in contexts beyond the courtroom, such as in legislative or administrative matters where information is deemed inappropriate or irrelevant.
Understanding this term is essential for those engaged in legal activities, as it underscores the importance of maintaining a fair judicial process by focusing only on information that is appropriate and relevant to the case at hand.