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

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US-00921BG
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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 Maine Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike Introduction: In the legal landscape of Maine, motions play a crucial role in the litigation process. One such motion is the Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike. This detailed description aims to shed light on the purpose, procedure, and the different types of this motion, providing clarity for legal practitioners and individuals involved in legal proceedings. Maine Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike: The Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike is a legal request made by the defendant in response to the plaintiff's motion for summary judgment. The defendant argues that specific affidavits submitted by the plaintiff should be stricken or removed from consideration due to various reasons. Keywords: Maine, motion, defendant, strike, affidavit, plaintiffs, summary judgment, notice, procedure, legal request, litigation, legal landscape. Purpose of the Motion: The primary purpose of the Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike is to challenge the admissibility and relevance of the affidavits provided by the plaintiff in support of their motion for summary judgment. This motion allows the defendant to contest the factual accuracy, credibility, or legal sufficiency of the evidence presented by the plaintiff through sworn statements. Procedure and Filing Requirements: To initiate the Motion to Strike, the defendant must file a written motion with the court along with a Notice of Motion to Strike. This document should comply with Maine's applicable rules, including specific formatting requirements and the inclusion of supporting legal arguments. The filing of this motion typically occurs after the plaintiff's motion for summary judgment and within the designated timeframe set by the court. Types of Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike: 1. Motion to Strike Affidavit based on Hearsay: The defendant may argue that the presented affidavit contains statements made out of court and not subject to cross-examination, violating the rules of evidence regarding hearsay. The defendant claims that such evidence is unreliable and inadmissible. 2. Motion to Strike Affidavit for Lack of Personal Knowledge: The defendant can challenge the affidavit's credibility by asserting that the affine lacks personal knowledge of the facts attested to or the presented evidence. This motion aims to eliminate statements that are based on speculation, assumptions, or lack a foundation of real-life experience. Conclusion: The Maine Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike is an essential legal tool within the litigation process. By filing this motion, the defendant can challenge the admissibility and relevance of affidavits presented by the plaintiff. Understanding the purpose, procedure, and various types of this motion allows legal practitioners to navigate the legal landscape of Maine effectively.

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Against Other Pleadings A motion to strike may be brought against complaints, cross-complaints, answers and demurrers. A motion to strike can be brought against an entire pleading, or any part of a pleading.

Grounds for a motion to strike include the following: The pleading is false; that is, untrue. ... The pleading is filed without the required leave of court. ... The form of pleading is in violation of a court order. ... The pleading is filed late. ... The pleading is barred by the statute of limitations. ... The pleading must be verified.

A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.

C.C.P. § 436 allows for a motion to strike ?any irrelevant, false, or improper matter asserted in any pleading? or portion of a pleading ?not drawn of filed in conformity with the laws of this state.? A motion to strike is proper ?when a substantive defect is clear from the face of a complaint.? (PH II, Inc.

The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, ...

A motion to dismiss asks the court to dismiss either whole or part of a complaint, counterclaim, or crossclaim. Motion to strike or "Demurrer": In some jurisdictions, a motion to strike or a "demurrer" is the equivalent to a motion to dismiss for failure to state a claim upon which relief can be granted.

A motion for summary judgment shall be supported by a separate, short, and concise statement of material facts, set forth in numbered paragraphs, as to which the moving party contends there is no genuine issue of material fact to be tried.

The purpose of a motion to strike is to avoid the expenditure of time and money that must arise from litigating spurious issues by dispensing with those issues prior to trial.

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Dec 21, 2011 — This amendment to Rule 56[j] is designed to assure that, prior to entry of any summary judgment in a foreclosure action, the trial court reviews ... Oct 25, 2008 — 3d at 1037. 10 The court was not considering the admissibility of hearsay within an affidavit, but granted a motion to strike a paper.The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a ... First, the moving party, i.e. the person who is asking for a court order, files a motion, asking the court to order something specific. Second, the other party ... The defendant in his turn filed a motion to strike plaintiff's affidavit and a motion for a summary judgment dismissing the action "on the ground that there ... An attorney filing a motion to withdraw from representation shall certify the last known address and telephone number of the party, subject to the ... Motion to Strike: “shall be used whenever any party wished to contest: (1) the legal sufficiency of the allegations of any complaint, counterclaim or cross ... Apr 26, 2022 — Defendant's Summary Judgment Motion/Opposition, Plaintiff desires to file a Motion to Strike and a Motion in Opposition to Defendant's request. Because the affidavit serves as the foundation for the Town's assertions, the court will first consider the District's motion to strike. In her affidavit, Ms. The defendant in his turn filed a motion to strike plaintiff's affidavit and a motion for a summary judgment dismissing the action "on the ground that there ...

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