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.
In North Carolina, a 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 that can impact the outcome of a case. This motion specifically asks the court to disregard or eliminate certain evidence presented by the plaintiff in support of their motion for summary judgment. When filing a Motion of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike, it is crucial to provide a detailed and persuasive argument to convince the court that the evidence presented in the plaintiff's affidavit should be disregarded. Incorporating relevant keywords within the content will lend credibility and clarity to your motion. Here is a comprehensive description of what this motion entails: Introduction: Begin your motion by introducing the parties involved in the case, the specific court in which the case is being heard, and the type of case being litigated. Clearly state that you, as the defendant, are filing this motion to strike the affidavit submitted by the plaintiff in support of their motion for summary judgment. Summary Judgment: Explain the concept of a motion for summary judgment, emphasizing that it is a request made by the moving party (plaintiff) to have the case resolved without a trial. Stress the importance of closely scrutinizing the evidence presented in support of the motion to ensure fairness and justice. Purpose of the Motion: Clearly state the purpose of your motion, which is to strike or exclude the plaintiff's affidavit from consideration by the court. Emphasize that the affidavit must be disregarded as it fails to meet the necessary legal requirements or is otherwise inadmissible. Basis for Striking the Affidavit: List the specific grounds on which you are basing your motion to strike the affidavit. These grounds can include but are not limited to: 1. Inadmissible evidence: Argue that the affidavit contains hearsay, lacks personal knowledge, or violates other rules of evidence, making it inadmissible. 2. Unreliable or speculative information: Contend that the affidavit is based on assumptions, speculation, or lacks sufficient foundation to be considered reliable and should, therefore, be disregarded. 3. Insufficient or contradictory information: Point out inconsistencies or contradictions within the affidavit, highlighting the lack of clarity or factual inaccuracies that undermine the affidavit's credibility. 4. Affidavit lacks competency or authenticity: Assert that the affidavit was not properly executed, fails to meet the statutory requirements, or lacks the necessary supporting documentation to be considered competent or authentic. Request for Relief: Clearly state the relief you seek from the court, which is the striking of the plaintiff's affidavit in support of their motion for summary judgment. Request that the court exclude this evidence from consideration during the summary judgment proceedings. Conclusion: Reiterate the significance of this motion and the necessity for the court to carefully evaluate the evidence presented. Encourage the court to grant your motion, ensuring a fair and unbiased resolution to the case. Different types of North Carolina Motions of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike may include variations specific to different areas of law, such as civil, criminal, family, or business law. However, the overall purpose remains the same: challenging the admissibility or credibility of the plaintiff's affidavit as it pertains to their motion for summary judgment.
