Motions to Strike Sham Pleadings and Summary Judgment Motions: Is There a Difference?

If a lawyer from another state calls you because their client is being sued in Florida, and they want your help to respond to the lawsuit, they might ask you about Florida’s “sham pleadings” rule. This rule allows you to challenge the factual support of the other side’s case by filing a motion to strike as sham.

The out-of-state lawyer might ask you, “How is that different from a summary judgment motion and why is it better for my client?” The truth is that there is not much of a difference between the two, and in most cases, your client may be better served by a regular summary judgment motion.

Both motions do not automatically stop the lawsuit, and you still have to respond to the complaint and follow other legal obligations. So, in simpler terms, the two motions are pretty similar and have the same effect on the lawsuit. The two motions, summary judgment and motions to strike sham pleadings, require the same burden of proof. They both need to show that there are no genuine issues as to any material fact. However, there are differences in the process for each motion. A motion to strike sham pleadings requires a full-blown evidentiary hearing, which may include live testimony, while a motion for summary judgment does not. This may make it preferable to pursue a motion for summary judgment instead of a motion to strike. Summary judgment motions are a simpler and quicker way to resolve a case without the need for a full trial. They only require a review of the documents and evidence already on file, without the need for live testimony. This means they can be heard sooner than other types of motions. Even if your opponent’s case is weak, they may be given a chance to fix it by amending their pleading, so it’s not always a guaranteed win. But if their case is really weak, they may not be able to save it with an amended pleading. If you win a summary judgment motion, you get a judgment right away without giving your opponent another chance. The court can sometimes allow your opponent to amend their complaint after your motion, but this doesn’t happen often. So, generally, a summary judgment motion brings finality to the case.

When a lawyer asks about filing a motion to strike a sham pleading, it’s pretty much the same as a summary judgment motion. In Florida, it’s preferred to use a summary judgment motion to determine if a claim is false. But Florida still has a rule for striking sham pleadings, even though it’s not really necessary. Some people think it should be gotten rid of, while others think it’s harmless and gives Florida lawyers a chance to show off their knowledge of the law. If one party thinks that the other party’s legal papers are a lie, they can ask the court to get rid of them. The court will listen to both sides and decide if the papers should be thrown out. If the court agrees, those papers will be thrown out. This can happen before the trial starts. If the court throws out the papers, the party that wrote them might lose the case. This statute says that if a party or their lawyer brings a claim or defense to court that they knew or should have known was not supported by the facts or the law, they have to pay the winning party’s attorney fees. There are rules about asking to change or add to a legal claim before a hearing on a motion for summary judgment, and you might not be allowed to add a new claim after a ruling on a summary judgment motion. The column was written by a lawyer who has been practicing for a long time.

Source: https://www.floridabar.org/the-florida-bar-journal/motions-to-strike-sham-pleadings-and-summary-judgment-motions-is-there-a-difference/