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.
New Mexico Motion of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike In the legal proceedings of New Mexico, a Motion of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike can play a crucial role in ensuring a fair and just trial. This motion is filed by the defendant to request the court to disregard or exclude certain evidence presented by the plaintiff in their affidavit supporting a motion for summary judgment. Summary judgment is a legal procedure that allows a court to decide a case without a full trial if it is clear that there are no genuine disputes of material fact. When a plaintiff files a motion for summary judgment, they must support their argument with evidence, often in the form of an affidavit. However, there may be instances where the defendant believes that the affidavit does not meet the necessary legal standards or contains inadmissible evidence. There are various types of Motions of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike that can be filed in New Mexico courts, including: 1. Insufficient Affidavit Motion: This motion challenges the sufficiency of the plaintiff's affidavit, arguing that it fails to meet the requirements set forth by New Mexico law. The defendant may claim that the affidavit lacks specific facts, fails to establish personal knowledge, or fails to demonstrate the affine's competency. 2. Hearsay Objection Motion: A defendant may file this motion when the plaintiff's affidavit contains statements that are offered for the truth of the matter asserted but are based on information provided by someone other than the affine. The defendant argues that such statements are inadmissible hearsay and should be struck from consideration. 3. Lack of Authentication Motion: This type of motion challenges the authenticity of the documents or evidence attached or referred to in the plaintiff's affidavit. The defendant may assert that the plaintiff has failed to properly authenticate certain exhibits or evidence, making them unreliable and inappropriate for consideration in a summary judgment motion. 4. Violation of the Best Evidence Rule Motion: The best evidence rule mandates that the original or highest quality evidence should be presented in court rather than secondary evidence like copies or hearsay. The defendant may argue that the plaintiff's affidavit relies on secondary or inferior evidence, violating the best evidence rule and rendering the evidence inadmissible. 5. Sham Affidavit Motion: This motion is filed when the defendant believes that the plaintiff's affidavit contradicts prior sworn statements or other evidence provided during the litigation process. The defendant argues that the affidavit is an attempt to create a false issue of material fact and should be stricken as a sham. These different types of motions serve to protect the defendant's right to a fair trial by challenging the admissibility and sufficiency of the evidence presented by the plaintiff. By filing a Motion of Defendant to Strike Affidavit in Support of Plaintiff's Motion for Summary Judgment and Notice of Motion to Strike, the defendant aims to ensure that only relevant and properly supported evidence is considered in the court's decision-making process.
