South Dakota 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
  • 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

The subpoena must be served sufficiently in advance of the date upon which the appearance of the witness is required to enable such witness to reach such place by any ordinary or usual method of transportation which he may elect.

If the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served ...

Codified Laws § 15-6-45(c) The subpoena may be served by any officer or person qualified to make service of a summons. The subpoena shall be served in the same manner as a summons is served, excepting that no service by publication is authorized.

Codified Law 26-8A-2 | South Dakota Legislature. 26-8A-2. Abused or neglected child. (10) Whose parent, guardian, or custodian knowingly exposes the child to an environment that is being used for the manufacture, use, or distribution of methamphetamines or any other unlawfully manufactured controlled drug or substance.

If it's a subpoena for appearance, it will also list the data, time, and location when the appearance is required. If it's a subpoena for documents, it will describe what documents are required. Finally, for state court, the subpoena must be served at least 7 days before the date on which the appearance is required.

See SDCL 15-26A-3. A motion for reconsideration is not a separate and appealable order. Rather, it is ?an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.? Breeden v. , 598 NW2d 441, 444 ( 1999).

The subpoena should be served at least two weeks before the trial date. If there are unforeseen circumstances, subpoenas may be served later, but they must always be served at least three days before the trial.

A subpoena to a non-party shall be served not fewer than 10 days before the time specified for compliance. (c) Notice to Parties. The party serving a subpoena on a non-party pursuant to Rule 58.02(a) shall provide a copy of the subpoena to every party as if it were a pleading.

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