Addressing another issue of first impression, the Rhode Island Supreme Court held this term that a trial justice’s decision on a motion to strike brought pursuant to Rule 12(f) of the Rhode Island Superior Court Rules of Civil Procedure is reviewed for abuse of discretion. Long v. Dell, Inc., No. 2012-248-Appeal at 24-25. In so holding, the Court reviewed case law interpreting the substantially similar Rule 12(f) of the Federal Rules of Civil Procedure and concluded that because a the trial court enjoys liberal discretion when ruling on a motion to strike, the trial justice’s decision should be reviewed only for an abuse of discretion. Id.
(4) MOTIONS TO STRIKE REVIEWED FOR ABUSE OF DISCRETION.
Posted In: Trial Tagged In: Motion to Strike, Rhode Island Supreme Court