Do not just fill out the parts you want to change. A motion to strike is commonly used during discovry as a means of excluding evidence such as affidavits, documents, and testimony.The following are relevant for JPs and may be modified as desired: Motion to Modify MOEP; Order on Motion to Modify MOEP; Request for MOEP. This post is the third in a sevenpart series written to explain special exceptions and how they are used in answering a lawsuit in Texas. Summary: A Motion to Strike can remove pleas, statements, and evidence from judicial proceedings in a lawsuit. In two recent orders in this case, the. Passing in the Texas Rules of Civil Procedure in Rule 85. An appeal is a request for a higher court to review a lower court's decision. You may wish to file an appeal if you have lost your case in the trial court. Should I File My Complaint in the U.S. District Court, Northern District of Texas?