Definition & Meaning of a Motion to Strike Affidavit
A motion to strike affidavit in support of a motion for summary judgment is a formal request made to a court to remove specific statements or entire affidavits submitted as evidence in a summary judgment motion. This motion is grounded in the argument that the affidavit contains inadmissible evidence, such as hearsay, speculation, or statements not based on personal knowledge. The primary aim is to ensure that only competent and admissible evidence is considered by the court, thereby maintaining the integrity of the judicial process.
For example, if a party submits an affidavit that includes statements made by a witness who did not personally observe the events in question, the opposing party may file a motion to strike those statements. This helps to prevent the introduction of unreliable or irrelevant evidence that could skew the court's decision.
How to Use the Motion to Strike Affidavit
Utilizing a motion to strike affidavit involves several steps. First, the party seeking to strike must identify the specific statements in the affidavit that are objectionable. These may include statements that are hearsay or lack foundation. Once identified, the party must prepare the motion, clearly outlining the reasons for the objection and citing relevant legal standards.
After drafting the motion, it should be filed with the court along with any supporting documents, such as a memorandum of law. The opposing party will then have an opportunity to respond. It's essential to adhere to local court rules regarding filing procedures and deadlines to ensure the motion is considered.
Obtaining the Motion to Strike Affidavit
To obtain a motion to strike affidavit, parties can refer to court websites or legal resources that provide templates and forms. Many jurisdictions have standardized forms available for download, which can simplify the process of drafting the motion. Legal aid organizations and law libraries may also offer assistance in obtaining the necessary documents.
Additionally, consulting with an attorney can provide valuable insights into the specific requirements for filing a motion to strike in a particular jurisdiction, including any local rules that must be followed.
Filling Out the Motion to Strike Affidavit
Filling out the motion to strike affidavit requires attention to detail. The motion should include the case caption, which identifies the parties and the court. It should also clearly state the grounds for the motion, specifying which parts of the affidavit are being challenged and why.
Key components to include are:
- Case Information: Include the case number, court name, and names of the parties involved.
- Statement of Facts: Summarize the relevant facts of the case and the context of the affidavit.
- Legal Grounds: Cite the specific rules or statutes that support the motion to strike.
- Conclusion: Clearly state the relief sought, such as the removal of specific statements or the entire affidavit.
Steps to Complete the Motion to Strike Affidavit
Completing the motion to strike affidavit involves a systematic approach:
- Review the Affidavit: Carefully read the affidavit to identify objectionable content.
- Research Legal Standards: Understand the rules governing admissibility of evidence in your jurisdiction.
- Draft the Motion: Write the motion, ensuring clarity and precision in your arguments.
- File the Motion: Submit the motion to the court, following all procedural requirements.
- Serve the Opposing Party: Provide a copy of the motion to the other party involved in the case.
- Prepare for Hearing: Be ready to present your arguments in court if a hearing is scheduled.
Who Typically Uses the Motion to Strike Affidavit
The motion to strike affidavit is commonly used by defendants in civil litigation who seek to challenge the admissibility of evidence presented by plaintiffs. However, plaintiffs may also use this motion to strike affidavits submitted by defendants that contain inadmissible information. Legal practitioners, including attorneys and paralegals, frequently utilize this motion as part of their litigation strategy to ensure that only appropriate evidence is considered in court.
For instance, in personal injury cases, a defendant may file a motion to strike an affidavit from a witness who lacks direct knowledge of the incident, thereby limiting the evidence that could unfairly influence the jury.
Key Elements of the Motion to Strike Affidavit
Key elements of a motion to strike affidavit include:
- Identification of Specific Statements: Clearly indicate which parts of the affidavit are being challenged.
- Legal Basis: Provide a strong legal foundation for the motion, citing relevant case law or statutes.
- Supporting Evidence: Attach any documents or evidence that support the motion.
- Clear Request: State what the movant seeks, such as striking specific statements or the entire affidavit.
Each of these elements is critical to ensuring that the motion is persuasive and adheres to legal standards.
Examples of Using the Motion to Strike Affidavit
Examples of using a motion to strike affidavit can be found in various legal contexts. In a breach of contract case, if a plaintiff submits an affidavit from a third party who was not present during the contract negotiations, the defendant may file a motion to strike that affidavit based on hearsay rules.
Another example occurs in employment discrimination cases, where a defendant may challenge an affidavit from a co-worker that includes speculative statements about the motives behind an employer's actions. By filing a motion to strike, the defendant aims to eliminate potentially prejudicial evidence that could mislead the court.
State-Specific Rules for the Motion to Strike Affidavit
State-specific rules for filing a motion to strike affidavit can vary significantly. Each state has its own procedural rules regarding the admissibility of evidence and the requirements for filing motions. It is crucial for parties to familiarize themselves with the local rules of the court where their case is being heard.
For example, some states may require a separate hearing for a motion to strike, while others may allow the motion to be decided as part of the summary judgment process. Understanding these nuances can impact the effectiveness of the motion and the overall litigation strategy.
