Motion To Strike Affidavit
Motion To Strike Affidavit
IN THE [COURT NAME] OF [COUNTY], [STATE]
Case No.: [Case Number]
[Plaintiff’s Name], Plaintiff,
vs.
[Defendant’s Name], Defendant.
Introduction:
COMES NOW [Your Name], [Plaintiff/Defendant] in the above-captioned matter, and hereby moves the court to strike the affidavit of [Affiant’s Name], submitted by [Opposing Party’s Name], and as grounds therefore states as follows:
Statement of Facts:
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This Motion is brought under [cite the relevant rule or statute], which permits the court to strike portions of an affidavit that are not based on the affiant's personal knowledge, contain hearsay, or are otherwise inadmissible under the rules of evidence.
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On [Date], [Opposing Party’s Name] submitted an affidavit from [Affiant’s Name] in support of [their motion for summary judgment/other purpose]. This affidavit is filed as Exhibit [Exhibit Number].
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The affidavit of [Affiant's Name] contains statements that constitute hearsay and are not admissible under the rules of evidence. Specifically, paragraphs [list paragraph numbers] of the affidavit state [brief description of the hearsay statements].
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These statements do not fall under any of the hearsay exceptions outlined in [cite the relevant rules or statutes].
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As such, these statements should not be considered by the court in its determination of [the matter at issue].
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Legal Authority: The motion to strike the hearsay statements is supported by established legal precedent. Case law such as [insert relevant case citations], statutes including [insert relevant statute citations], and rules such as [insert relevant rule citations] provide clear guidance and authority for the exclusion of hearsay evidence in this matter.
Acknowledgement:
Based on the foregoing, [Your Name] respectfully requests that the court grant this Motion to Strike the affidavit of [Affiant’s Name], specifically paragraphs [list paragraphs containing hearsay], for containing hearsay that is not permissible under the rules of evidence.
Certificate of Service:
I hereby certify that on [Date], I served a copy of this Motion to Strike Affidavit on [Opposing Party’s Name or their attorney] by [method of service, e.g., mail, email, etc.].
WHEREFORE, [Your Name] respectfully requests that this court enter an order striking the affidavit of [Affiant’s Name], and for such other and further relief as the court deems just and proper.
Dated this [Day] of [Month], [Year].
Signature
[Your Name]
[Date]
