This form is used for summary judgment that is accompanied by one or more affidavits executed by the moving party or by others having knowledge of the facts. Objections to pleadings, such as affidavits, that are insufficient in substance or in form may be raised by a motion to strike pursuant to Rule 12(f) of the Federal Rules of Civil Procedure. This rule has been adopted by most states in one form or another.
The District of Columbia Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike is an essential legal document used in court proceedings to challenge and request the removal of an affidavit presented by the plaintiff in support of their summary judgment motion. This motion aims to discredit or invalidate the factual assertions made in the affidavit and prevent its consideration during summary judgment proceedings. In the District of Columbia, there are various types of motions through which a defendant can seek to strike an affidavit supporting the plaintiff's motion for summary judgment. Some of these motions are: 1. Motion to Strike Affidavit: This motion asserts that the affidavit provided by the plaintiff contains inaccurate, irrelevant, or inadmissible information, and requests the court to disregard it during the summary judgment evaluation. 2. Motion to Strike Supporting Affidavit: This motion questions the legitimacy or credibility of a supporting affidavit submitted alongside the motion for summary judgment. The defendant argues that the affidavit lacks evidentiary value or fails to meet the legal requirements, thus seeking its exclusion from the court's consideration. 3. Motion to Strike Hearsay Affidavit: This motion challenges the admissibility of an affidavit containing hearsay statements, which are typically statements made by someone who is not directly involved in the case. The defendant argues that such statements should not be considered as evidence and requests the court to strike the affidavit from the record. 4. Motion to Strike Expert Affidavit/Testimony: In cases where an expert witness provides an affidavit supporting the plaintiff's motion for summary judgment, the defendant may file this motion to challenge the expert's qualifications, methodology, or the relevance of their opinions. The defendant aims to exclude the expert's testimony or affidavit from the court proceedings. The District of Columbia Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike is a crucial defense strategy employed to challenge the credibility, factual basis, or admissibility of the plaintiff's affidavit. By filing this motion, defendants seek to protect their rights and ensure fair and just proceedings by urging the court to disregard evidence that may be unreliable, irrelevant, or inadmissible.
