Indiana Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike

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Multi-State
Control #:
US-00921BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

A Motion to Strike should be used by parties seeking to strike all or part of a pleading from the court record. This event should not be used when seeking to redact personal identifiers (see Motion to Redact Previously Filed Document) or otherwise limit access to a document.

A response filed after ruling on the motion will automatically be treated as a motion to reconsider; any party may file a motion to reconsider a decision on a motion described in this Section within ten (10) days after the Court's ruling on the motion.

A Motion for Summary Judgment can be filed by a party to a legal case or adversary proceeding who believes that there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law.

?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).

(E) Failure to prosecute civil actions or comply with rules. Whenever there has been a failure to comply with these rules or when no action has been take in a civil case for a period of sixty (60) days, the court, on motion of a party or its own motion shall order a hearing for the purpose of dismissing such case.

Under a motion for summary judgment, the movant should assert that a fact cannot be genuinely disputed based on the record. The nonmovant is given notice and a reasonable time to respond, after which the court may grant or deny summary judgment.

(e) The court must act on the motion to dismiss within thirty (30) days from the submission of evidence made by motion to the court that is discovered within the specific expedited time period allowed.

Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss its claim ?without prejudice? prior to service by the defendant of an answer or motion for summary judgment, whichever occurs ?rst.

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Indiana Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike