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.
Title: Understanding the Delaware Motion of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike Introduction: In Delaware, during legal proceedings, it is not uncommon for a defendant to file a Motion to Strike an Affidavit presented by the plaintiff in support of their Motion for Summary Judgment. This motion aims to challenge the credibility or admissibility of the affidavit, and this article will delve into the details of this legal procedure. It is important to note that there can be different variants or circumstances of this motion, which we will discuss further. 1. Overview of the Delaware Motion of Defendant to Strike Affidavit: The Delaware Motion of Defendant to Strike Affidavit is a legal procedure utilized by the defendant in response to the plaintiff's Motion for Summary Judgment. By filing this motion, the defendant seeks to strike or remove an affidavit submitted by the plaintiff as evidence supporting their motion. The defendant aims to highlight issues with the affidavit's credibility, relevancy, or admissibility, ultimately challenging the plaintiff's motion in its entirety. 2. Purpose and Grounds for Filing the Motion: The defendant may pursue a Motion to Strike the Affidavit for several reasons, including: a. Lack of Personal Knowledge: If the defendant believes that the affine lacks the firsthand knowledge required to make the statements within the affidavit, they may argue that the affidavit should be stricken. b. Hearsay: The defendant may argue that the information provided within the affidavit is hearsay, meaning it is an out-of-court statement offered for the truth of the matter asserted, and therefore, inadmissible. c. Conclusion Statements: An affidavit containing speculative or conclusion statements without supporting evidence or facts may be challenged by the defendant as lacking credibility or substance. d. Inadmissible Evidence: If the plaintiff's affidavit includes evidence that is legally inadmissible, such as privileged information or illegally obtained evidence, the defendant may request its exclusion through this motion. 3. Variants of the Delaware Motion of Defendant to Strike Affidavit: Although the core purpose of the motion remains the same, there are a few specific variants that may arise: a. Motion to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment: This motion is filed by the defendant to challenge a specific affidavit as support for the plaintiff's Motion for Summary Judgment, aiming to undermine its evidentiary value. b. Notice of Motion to Strike: As part of the legal process, the defendant is required to provide a written Notice of Motion to Strike, which alerts the court and opposing party of their intent to strike the plaintiff's affidavit. The notice highlights the basis of the motion, giving the opposing party an opportunity to respond. Conclusion: Understanding the Delaware Motion of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike is crucial in navigating legal proceedings in a fair and just manner. This motion allows the defendant to challenge the admissibility and credibility of the plaintiff's affidavit, ensuring a thorough examination of the evidence presented before a judge or jury. Legal practitioners in Delaware must be well-versed in these procedures to effectively advocate for their clients in court.
