A motion to strike asks the court to ban a pleading, like an Answer, from being used. The determination of a motion pursuant to CPLR 3217(b) for leave to discontinue an action without prejudice is within the sound discretion of the court.A party may move for an order striking any scandalous or prejudicial matter unnecessarily inserted in a pleading. Motions to withdraw as attorney of record require strict compliance with Rule 10 of the. We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law. When a motion to strike is made, the violation of disclosure provisions should be stressed, rather than a failure to file a Note of Issue. For the reasons stated below, the Court will GRANT IN PART Defendants' Motion to Strike. ☐ without prejudice. If all parties agree to dismiss the case, you should file an Agreed Motion to Dismiss Without Prejudice instead of a Notice of Nonsuit. This information is furnished to provide basic information relative to the law governing civil actions brought in the Harris County Justice Courts.