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.
Keywords: Mississippi, motion, defendant, strike, affidavit, support, plaintiff, summary judgment, notice, types. 1. Introduction: In Mississippi, 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 filed by the defendant to challenge the validity or admissibility of an affidavit presented by the plaintiff in support of their Motion for Summary Judgment. This motion aims to request the court to strike the affidavit from the record, asserting that it lacks credibility, is legally insufficient, or fails to meet the necessary evidentiary requirements. Various types of situations may warrant such a motion, each with distinct grounds and arguments. 2. Types of Mississippi Motion of Defendant to Strike Affidavit: a) Lack of Personal Knowledge: One type of motion to strike an affidavit may argue that the affine (the person signing the affidavit) lacks personal knowledge regarding the facts presented in their statement. The defendant may challenge the admissibility of the affidavit by asserting that the affine did not witness the events firsthand or was not directly involved in the matter. b) Hearsay Statements: Another type of motion could contend that the affidavit contains hearsay statements, which are out-of-court statements offered for the truth of the matter asserted. The defendant may argue that the inclusion of hearsay renders the affidavit unreliable and inadmissible as evidence. c) Violation of Rules of Evidence: Defendants may file a motion to strike if the plaintiff's affidavit fails to comply with the Mississippi Rules of Evidence. The motion might point out technical deficiencies, such as improper formatting, failure to include necessary elements, or non-compliance with sworn oath requirements. d) Legal Insufficiency: This type of motion challenges the legal adequacy of the affidavit. The defendant argues that even if the facts presented in the affidavit are true, they fail to establish the necessary legal elements required to grant summary judgment in favor of the plaintiff. 3. Grounds for the Motion to Strike: a) Lack of Supporting Documentation: In some instances, defendants may argue that the affidavit lacks supporting documentation or fails to attach relevant exhibits that would corroborate or authenticate the facts stated. This absence of evidence may undermine the credibility and admissibility of the affidavit. b) Substantial Contradictions: A motion to strike can claim that the affidavit contradicts other evidence, previous statements, or documents provided by the plaintiff. The defendant may contend that the inconsistencies render the affidavit unreliable and should be stricken from the record. c) Adherence to Court Rules and Procedures: Defendants may also raise a motion to strike if the plaintiff's affidavit violates court rules or procedural requirements. For instance, if the affidavit is filed after the deadline or fails to meet formatting guidelines set by the court, the defendant may argue for its striking. 4. Conclusion: A Mississippi Motion of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike is a powerful tool for defendants to challenge the credibility, admissibility, and legal sufficiency of an affidavit presented by the plaintiff. By identifying specific grounds and utilizing relevant arguments, such motions aim to exclude weak or inadmissible evidence from consideration in summary judgment proceedings. Properly constructed motions can significantly impact the outcome of a case by reducing the strength of the plaintiff's evidence.
