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.
Nebraska Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike is a legal filing that seeks to challenge the validity and admissibility of an affidavit submitted by the plaintiff in support of their motion for summary judgment. This motion aims to strike the affidavit from evidence, arguing that it fails to meet the legal requirements or is inadmissible for various reasons. In Nebraska, there are different types of motions that a defendant may file to challenge the affidavit presented by the plaintiff. These types include: 1. Motion to Strike for Lack of Personal Knowledge: This motion argues that the affine lacks personal knowledge regarding the facts stated in the affidavit. The defendant asserts that the affidavit should be stricken because the information provided is based on hearsay or speculation, rather than personal observation. 2. Motion to Strike for Failure to Comply with Requirements: This motion contends that the affidavit fails to meet the statutory requirements or procedural rules. The defendant argues that the affidavit lacks the necessary elements such as a statement under oath, proper notarization, or fails to address all the relevant issues, and therefore should be struck. 3. Motion to Strike for Inadmissible Evidence: This motion challenges the admissibility of evidence presented within the affidavit. The defendant may argue that the evidence is irrelevant, unreliable, or violates the rules of evidence. They seek to have the court strike the affidavit based on the improper inclusion of inadmissible evidence. 4. Motion to Strike for Defective Affidavit: This motion asserts that the affidavit is defective on technical grounds. The defendant argues that the affidavit contains inconsistencies, contradictions, or false statements, making it unreliable and should be struck from consideration. 5. Motion to Strike for Violation of Court Orders or Rules: This motion claims that the plaintiff's affidavit violates court orders or rules imposed during the litigation process. The defendant argues that the plaintiff has failed to comply with the court's directives, resulting in the affidavit being inadmissible or prejudicial. The motion seeks to have the affidavit stricken based on the plaintiff's non-compliance. When filing a Nebraska Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike, it is crucial to provide a detailed explanation and legal reasoning behind the request. The defendant should carefully identify the specific grounds for striking the affidavit, whether it be lack of personal knowledge, non-compliance with requirements, inadmissible evidence, defects, or violation of court orders/rules. By doing so, the defendant aims to exclude the plaintiff's affidavit from consideration during the summary judgment proceedings.
