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.
A Michigan Motion of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment is a legal document that requests the court to dismiss or exclude an affidavit provided by the plaintiff in support of their motion for summary judgment. This motion essentially challenges the credibility or admissibility of the evidence presented in the affidavit and aims to weaken the plaintiff's case. To begin with, it is crucial to understand the key elements of this legal document. A Motion of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike typically includes the following sections: 1. Title and Caption: The document should begin with the appropriate title and caption, clearly identifying it as a motion filed by the defendant to strike the plaintiff's affidavit. 2. Introduction: This section provides an overview of the purpose of the motion and briefly outlines the reasons for filing it. Mentioning the specific court and case number is essential. 3. Background: This section briefly summarizes the relevant background information of the case, emphasizing the specific motion for summary judgment filed by the plaintiff. 4. Statement of Facts: A detailed statement of facts is presented, reaffirming the defendant's position and recounting the events leading up to the present situation. Emphasis is placed on any inconsistencies or inaccuracies within the plaintiff's affidavit that the defendant wishes to challenge. 5. Legal Basis for Motion: This section provides the legal grounds on which the defendant seeks to strike the plaintiff's affidavit. It may reference applicable Michigan statutes or rules, such as Michigan Court Rule 2.116 or evidentiary standards concerning affidavits. 6. Argument: This portion elaborates on the legal arguments supporting the defendant's position and questioning the credibility or admissibility of the evidence contained in the plaintiff's affidavit. The defendant may refer to case law or legal precedents that reinforce their arguments. 7. Relief Requested: This section clearly states the relief sought by the defendant, which is typically to strike the plaintiff's affidavit in support of their motion for summary judgment. It may also request potential alternative relief, such as denial of the plaintiff's motion or further evidentiary proceedings. 8. Notice of Motion to Strike: This notice section formally informs the opposing party, as well as the court, about the intent to file a motion to strike the plaintiff's affidavit. It typically specifies the date and location for the motion hearing. Potential types or variations of a Motion of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike may include variations in the grounds for striking the affidavit, such as: a) Motion to Strike for Lack of Personal Knowledge: Arguing that the affine lacks firsthand knowledge regarding the facts presented in the affidavit. b) Motion to Strike for Hearsay: Claiming that the affidavit relies on hearsay information rather than direct evidence. c) Motion to Strike for Immaterial or Inadmissible Evidence: Alleging that certain portions of the plaintiff's affidavit contain irrelevant or inadmissible evidence, such as opinions or speculation. d) Motion to Strike for Violations of Proper Affidavit Format: Contending that the plaintiff's affidavit fails to meet the required formatting criteria specified by Michigan court rules. In conclusion, a Michigan Motion of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike is a significant legal document in challenging the admissibility or credibility of the plaintiff's evidence. By utilizing this motion, the defendant aims to weaken the plaintiff's case and potentially secure a more favorable outcome.
