Monday, June 3, 2013

Do they really do that? - Striking an answer

In Roman Catholic Diocese of Lexington v. Noble, 92 S.W.3d 724 (Ky. 2002), the court  indicated not only that stricken pleadings have no legal effect,  but that the trial court has the power to physically remove stricken pleadings from the record.

Physically removing a stricken pleading from the record would hamper appellate review of the trial court's decision to strike the pleading, would it not?

It does not strike me as seem to be a good idea.