Striking Out Application

Structured workflow for striking out application: organise the supplied facts and documents, identify missing information, draft or analyse in stages, and verify facts, authorities and assumptions before use.

This is a reusable litigation prompt from the Litigation AI Prompt Repository. It is intended for Malaysian civil litigation but can be adapted by changing the placeholders. Use the Universal Litigator Control Block first where source discipline, adversarial review and authority verification matter.

Prompt

Assess whether `[PLEADING OR CLAIM]` should be struck out in whole or part under the applicable procedural grounds.

Analyse each impugned paragraph or claim separately, distinguishing:

- no reasonable cause of action or defence;
- scandalous, frivolous or vexatious pleading;
- prejudice, embarrassment or delay to a fair trial;
- abuse of process;
- defects curable by amendment;
- disputes requiring evidence or trial.

Identify the permissible evidential record for each ground. Draft proposed prayers, affidavit content where admissible, and submissions. Include the opponent’s best answer and whether amendment, particulars, a preliminary issue or summary disposal is the more proportionate course.