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.
Louisiana Motion of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike is a legal procedure utilized in Louisiana courts to challenge the admissibility or credibility of an affidavit submitted by the plaintiff in support of their motion for summary judgment. This motion allows the defendant to request the court to strike the affidavit from consideration in order to weaken the plaintiff's case. The notice of motion to strike provides formal notification to the plaintiff and the court about the defendant's intent to file the motion, giving both parties an opportunity to respond. Keywords: Louisiana, motion of defendant, strike affidavit, plaintiff's motion for summary judgment, notice of motion, credibility, admissibility, challenge, formal notification, weaken, case, opportunity to respond. Different types of Louisiana Motions of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike may include: 1. Motion to Strike Affidavit for Lack of Personal Knowledge: In this type of motion, the defendant argues that the affine lacks personal knowledge of the facts stated in the affidavit, making it inadmissible as evidence. 2. Motion to Strike Affidavit for Hearsay: The defendant may claim that the statement(s) made in the affidavit are based on hearsay, i.e., secondhand information, which is generally inadmissible in court. 3. Motion to Strike Affidavit for Contradiction or Inconsistencies: If the defendant can identify contradictions or inconsistencies within the affidavit, they can request the court to strike the document as unreliable or untruthful. 4. Motion to Strike Affidavit for Failure to Authenticate: If the affidavit lacks proper authentication or notarization, the defendant may argue that it should not be considered as valid evidence and should be struck from the proceedings. 5. Motion to Strike Affidavit for Irrelevant or Immaterial Information: The defendant may aim to challenge the inclusion of irrelevant or immaterial information in the affidavit, asserting that it does not contribute to the issues at hand and should be disregarded. These various motions can be employed by the defendant to raise substantive objections against the admissibility or credibility of the plaintiff's affidavit, ultimately aiming to weaken the plaintiff's motion for summary judgment and establish a stronger defense for themselves.
