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.
A Tennessee 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 in a lawsuit. This motion specifically targets the affidavit submitted by the plaintiff to support their motion for summary judgment. In Tennessee, if a plaintiff wishes to obtain a summary judgment, they must present evidence that establishes that there are no material facts in dispute, and they are entitled to judgment as a matter of law. Affidavits are commonly used as a means to provide evidence in support of this motion. However, the defendant has the right to challenge the sufficiency or admissibility of the plaintiff's affidavit. A Motion to Strike the Affidavit allows the defendant to argue that the affidavit is not reliable, contains hearsay, or fails to meet the necessary legal requirements. This motion aims to have the court disregard the affidavit and prevent it from being considered in the plaintiff's motion for summary judgment. It is important to note that there are different types of Tennessee Motions of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike, which may be brought under various circumstances. Some examples are: 1. Motion to Strike for Lack of Personal Knowledge: The defendant can argue that the affine lacks personal knowledge of the facts stated in the affidavit and, therefore, it should be deemed inadmissible. 2. Motion to Strike for Hearsay: The defendant can claim that the affidavit is based on hearsay, meaning the information presented is secondhand and not from a direct source. Hearsay evidence is generally inadmissible under the rules of evidence. 3. Motion to Strike for Failure to Comply with Legal Requirements: The defendant can assert that the affidavit fails to meet the necessary legal standards, such as lacking a proper oath or affirmation, failing to meet the requirements of the applicable statute, or not presenting admissible evidence. In summary, a Tennessee 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 that allows the defendant to challenge the reliability, admissibility, or compliance of the affidavit presented by the plaintiff in support of their motion for summary judgment. By filing this motion, the defendant seeks to have the court disregard the affidavit when deciding on the summary judgment motion. Different types of motions to strike may be brought based on factors such as lack of personal knowledge, hearsay, or failure to meet legal requirements.
