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:
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.
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].
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].
These statements do not fall under any of the hearsay exceptions outlined in [cite the relevant rules or statutes].
As such, these statements should not be considered by the court in its determination of [the matter at issue].
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]
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