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.
Contra Costa California 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 civil case to challenge and request the court to disregard an affidavit submitted by the plaintiff in support of their motion for summary judgment. This motion aims to strike the affidavit from the court records and prevent it from being considered during the judgment process. In Contra Costa County, California, there are various types of motions by defendants available to challenge an affidavit supporting the plaintiff's motion for summary judgment. These include: 1. Motion to Strike Affidavit for Lack of Personal Knowledge: This type of motion argues that the affine lacks firsthand knowledge of the facts stated in the affidavit and therefore should not be admitted as evidence. The defendant asserts that the affine's statements are mere speculation or hearsay. 2. Motion to Strike Affidavit for Irrelevant or Inadmissible Evidence: This motion asserts that the information provided in the affidavit is not relevant or admissible under the applicable rules of evidence. The defendant argues that the evidence should be disregarded or excluded from consideration since it does not meet the legal requirements. 3. Motion to Strike Affidavit for Inconsistencies or Contradictions: This type of motion challenges the credibility and reliability of the affidavit by pointing out inconsistencies or contradictions within the affidavit itself or with other evidence in the case. The defendant aims to demonstrate that the affidavit is unreliable and should be disregarded. 4. Motion to Strike Affidavit for Violation of Procedural Requirements: This motion argues that the affidavit fails to comply with procedural requirements set forth by the court or applicable laws. The defendant claims that due process was not followed or that technical defects make the affidavit improper for consideration. 5. Motion to Strike Affidavit as Sham Affidavit: This type of motion asserts that the affidavit is fraudulently or deceptively presented to the court with the intention of misleading or misrepresenting the facts. The defendant seeks to discredit the plaintiff's affidavit by demonstrating that it lacks truth, integrity, or credibility. It is important to note that the specific names and grounds for filing a motion to strike an affidavit may vary depending on the jurisdiction and the specific rules of civil procedure applicable in Contra Costa County, California. Defending against a motion for summary judgment is essential as it can significantly impact the outcome of a civil case.Contra Costa California 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 civil case to challenge and request the court to disregard an affidavit submitted by the plaintiff in support of their motion for summary judgment. This motion aims to strike the affidavit from the court records and prevent it from being considered during the judgment process. In Contra Costa County, California, there are various types of motions by defendants available to challenge an affidavit supporting the plaintiff's motion for summary judgment. These include: 1. Motion to Strike Affidavit for Lack of Personal Knowledge: This type of motion argues that the affine lacks firsthand knowledge of the facts stated in the affidavit and therefore should not be admitted as evidence. The defendant asserts that the affine's statements are mere speculation or hearsay. 2. Motion to Strike Affidavit for Irrelevant or Inadmissible Evidence: This motion asserts that the information provided in the affidavit is not relevant or admissible under the applicable rules of evidence. The defendant argues that the evidence should be disregarded or excluded from consideration since it does not meet the legal requirements. 3. Motion to Strike Affidavit for Inconsistencies or Contradictions: This type of motion challenges the credibility and reliability of the affidavit by pointing out inconsistencies or contradictions within the affidavit itself or with other evidence in the case. The defendant aims to demonstrate that the affidavit is unreliable and should be disregarded. 4. Motion to Strike Affidavit for Violation of Procedural Requirements: This motion argues that the affidavit fails to comply with procedural requirements set forth by the court or applicable laws. The defendant claims that due process was not followed or that technical defects make the affidavit improper for consideration. 5. Motion to Strike Affidavit as Sham Affidavit: This type of motion asserts that the affidavit is fraudulently or deceptively presented to the court with the intention of misleading or misrepresenting the facts. The defendant seeks to discredit the plaintiff's affidavit by demonstrating that it lacks truth, integrity, or credibility. It is important to note that the specific names and grounds for filing a motion to strike an affidavit may vary depending on the jurisdiction and the specific rules of civil procedure applicable in Contra Costa County, California. Defending against a motion for summary judgment is essential as it can significantly impact the outcome of a civil case.
