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

State:
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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  • Preview Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike
  • Preview Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike

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FAQ

A motion for summary judgment asks the court to decide a lawsuit without going to trial because there is no dispute about the key facts of the case. A case must go to trial because parties do not agree about the facts.

One of the last steps a prosecutor takes before trial is to respond to or file motions. A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins.

Summary Judgment Motions The Court will grant Summary Judgment ? i.e., either siding with the plaintiff and granting Judgment on their claim, or siding with the defendant and dismissing the claim ? if the Court is satisfied that there is no genuine issue requiring a trial.

What it means to file a motion: A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.

1) In writing by filing a Motion or responding to a Motion; or 2) In person at a hearing scheduled by the Judge, with both sides present.

On a motion for summary judgment, each party must ?put their best foot forward? in relation to the material issues. This means that both the moving party and responding party are required to present their best evidence about the claim(s) or defence(s) in issue.

BY INDIVIDUAL FORM Motions made be in writing, or in person at a hearing with both sides present. Motion practice involves important rules regarding timing, notice and other matters directed by the Montana Rules of Civil Procedure.

Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.

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