An Indiana Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit Filed in Support of Plaintiff's Motion for Summary Judgment is a legal document used in Indiana courts. It plays a crucial role in a lawsuit by providing the defendant with an opportunity to challenge the evidence presented by the plaintiff in their Motion for Summary Judgment. This affidavit allows the defendant to point out any flaws, errors, or lack of credibility in the plaintiff's affidavit, aiming to have it struck down and prevent the court from ruling in favor of the plaintiff without a trial. Key Points and Purpose: 1. Purpose: The main goal of an Indiana Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit is to oppose the plaintiff's Motion for Summary Judgment by presenting valid arguments against the credibility and admissibility of their supporting affidavit. 2. Components: The affidavit typically includes: a. Caption: This states the court's name, the case number, the parties involved, and the title of the document. b. Introduction: The affidavit starts by identifying the affine (the defendant) and their relationship to the case. c. Statement of Facts: The defendant outlines key facts relevant to the case, highlighting any factual inaccuracies or inconsistencies present in the plaintiff's affidavit. d. Legal Arguments: The defendant will present legal arguments that support the striking down of the plaintiff's affidavit. These arguments may include lack of personal knowledge, hearsay, relevance, and procedural issues. e. Affine's Statement: The defendant provides a statement affirming that the information provided in the affidavit is true and accurate to the best of their knowledge. f. Signature: The defendant signs the affidavit in the presence of a notary public, who then affixes their seal. Types: 1. General Indiana Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit: This type of affidavit can be used in various civil cases to challenge the plaintiff's affidavit supporting their Motion for Summary Judgment. 2. Indiana Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit in Personal Injury Lawsuit: This specific affidavit is utilized when the defendant is facing a personal injury claim and aims to discredit the plaintiff's supporting affidavit to avoid a summary judgment. 3. Indiana Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit in Contract Dispute: This type of affidavit is applicable when the defendant wants to challenge the validity or enforceability of a contractual claim made by the plaintiff. 4. Indiana Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit in Employment Discrimination Lawsuit: If the defendant is the subject of an employment discrimination lawsuit and wishes to contest the plaintiff's allegations through their supporting affidavit, this type of affidavit comes into play. In summary, an Indiana Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit Filed in Support of Plaintiff's Motion for Summary Judgment is a critical legal document that provides defendants with an opportunity to challenge the plaintiff's affidavit supporting a Motion for Summary Judgment. By pointing out flaws, errors, or lack of credibility, the defendant seeks to strike down the plaintiff's affidavit and avoid a pretrial judgment in the plaintiff's favor.
Indiana Affidavit of Defendant Supporting Defendant's Motion to Strike Affidavit Filed in Support of Plaintiff's Motion for Summary Judgment
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When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial.
All papers opposing a motion must be served and filed not less than 14 days before the hearing date. Any reply papers must be served and filed not less than five days before the hearing date (see California Code of Civil Procedure 437c.).
Summary judgment motions do have a timeline for filing and response. First, a summary judgment motion must be on file at least 21 days before it can be heard. (TRCP 166a) Second, any opposing affidavits or written response should be on file no later than 7 days before the hearing. (Id.)
A party opposing a summary judgment motion must, within 28 days after the movant serves the motion, file and serve a response brief and any evidence (that is not already in the record) that the party relies on to oppose the motion.
(4) A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. (5) Evidentiary objections not made at the hearing shall be deemed waived.
A Motion to Strike should be used by parties seeking to strike all or part of a pleading from the court record. This event should not be used when seeking to redact personal identifiers (see Motion to Redact Previously Filed Document) or otherwise limit access to a document.
Replies should be succinctly stated. If the response to a fact is ?undisputed,? the reply should also state ?undisputed.? If you contend that despite a response of ?disputed,? the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why.
A party opposing a summary judgment motion must, within 28 days after the movant serves the motion, file and serve a response brief and any evidence (that is not already in the record) that the party relies on to oppose the motion.