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.
The Washington Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike is a legal document filed by the defendant in a court case to request the removal of an affidavit used by the plaintiff in support of their motion for summary judgment. This motion aims to challenge the validity or relevance of the submitted affidavit. In Washington, there are different types of motions that can be filed to strike an affidavit. These motions are tailored based on various grounds or reasons: 1. Insufficient Supporting Evidence Motion: This type of motion is filed when the defendant argues that the affidavit lacks sufficient evidence or fails to meet the required legal standards for supporting a motion for summary judgment. 2. Hearsay Motion: A defendant may file this motion if they believe the affidavit contains statements based on hearsay. Hearsay refers to an out-of-court statement offered as evidence for the truth of the matter stated and is generally not admissible in court unless it falls under specific exceptions. 3. Irrelevant or Unreliable Evidence Motion: This motion is used to challenge the inclusion of irrelevant or unreliable information in the affidavit presented by the plaintiff. The defendant argues that such evidence should be stricken as it does not contribute to the resolution of the case. 4. Lack of Personal Knowledge Motion: If the defendant believes that the person providing the affidavit does not possess the necessary personal knowledge of the facts stated, they may file this motion. The defendant will argue that the affidavit should be struck as it lacks credibility due to the affine's lack of direct involvement or firsthand information. 5. Violation of Court Rules Motion: This motion is filed when the defendant identifies a procedural error or violation of court rules in the affidavit or its supporting documents. The defendant aims to have the affidavit stricken based on technical grounds, such as improper formatting, failure to comply with filing deadlines, or non-compliance with local court rules. In summary, the Washington Motion of Defendant to Strike Affidavit in Support of Plaintiffs Motion for Summary Judgment and Notice of Motion to Strike is a legal tool available to the defendant to challenge the admissibility or relevancy of an affidavit in a summary judgment motion. Various grounds and types of motions can be filed in Washington, depending on the specific deficiencies found in the plaintiff's affidavit.
