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: Missouri Motion of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike Keywords: Missouri, motion, defendant, strike affidavit, support, plaintiff, summary judgment, notice, types, description Introduction: In Missouri, a Motion of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike is a legal document used in civil litigation cases. This motion aims to challenge the validity or admissibility of the affidavit submitted by the plaintiff in support of their motion for summary judgment. The defendant seeks to strike or eliminate the affidavit from consideration during the case proceedings. Here, we will discuss the purpose of this motion, its legal implications, and potential types of defendant motions in Missouri. 1. Purpose of the Motion: The Motion of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike is filed to raise objections against the affidavit provided by the plaintiff in support of their motion for summary judgment. It allows the defendant to challenge the credibility, relevance, or legal sufficiency of the affidavit. By bringing this motion, the defendant seeks to exclude the affidavit from being used as evidence in the case. 2. Legal Implications and Grounds for the Motion: The motion is usually grounded in various legal arguments that challenge the validity or admissibility of the affidavit. Some common grounds include: a) Insufficient Personal Knowledge: The defendant may argue that the affine lacks personal knowledge of the facts stated in the affidavit, rendering it unreliable or inadmissible. b) Hearsay: If the contents of the affidavit contain statements made by individuals who are not available for cross-examination, the defendant may argue that it constitutes inadmissible hearsay evidence. c) Violation of Procedural Rules: The defendant may allege that the plaintiff's affidavit fails to comply with relevant procedural rules, such as improper authentication, failure to attach supporting documents, or non-compliance with local court rules. d) Lack of Foundation: The defendant may assert that the affidavit lacks an appropriate foundation to support its claims, such as failure to establish the affine's qualifications or bias. 3. Types of Missouri Motions to Strike Affidavit: While the primary objective of this motion is to strike the plaintiff's affidavit, there can be different types of defendant motions used in this context. These may include: a) Motion to Strike in its Entirety: The defendant seeks to strike the entire affidavit, claiming that it is wholly unreliable, inadmissible, or irrelevant to the case. b) Motion to Strike Specific Portions: The defendant identifies specific statements within the affidavit that they believe should be stricken due to legal defects, inconsistency, or lack of foundation. c) Supplemental Motion: The defendant files an additional motion to strike an amended or supplemental affidavit submitted by the plaintiff during the course of the legal proceedings. Conclusion: Missouri's Motion of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike provides a crucial avenue for defendants to challenge the credibility, legal sufficiency, or admissibility of a plaintiff's affidavit. Through this motion, defendants can protect their rights and ensure that only reliable and relevant evidence is considered during the case proceedings.
