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Motion to strike?

Date: Sun, 08/01/2010 - 09:38

Submitted by Angeldove
on Sun, 08/01/2010 - 09:38

Posts: 225 Credits: [Donate]

Total Replies: 2


I've noticed on some motions to strike, they just list generic items such as plaintiff has no evidence, falls under hearsay, etc. - while other motions also cite caselaw. Which is the correct way?


Angel--

I dont recall what state you live in, but in some cases, I would actually cite case law. In others, such as in Georgia's Magistrate Courts, I would cite the court rules of procedure, which specifically state that no such affidavits are even allowed to be submitted as evidence. In GA's magistrate court, the person who would write the affidavit must show up and testify. You can find that on the website for GA magistrate courts.

Generally, though, you can just apply the laws and/or the rules of civil procedure for the jurisdiction you are going to court in. States have their own versions of the "hearsay rule", and I would look up yours and cite it specifically, showing how the affidavit is indeed hearsay, and also how the hearsay exception does not apply to it. If you like, I have written several of these for our members before and I would be happy to help you put yours together. Just PM me if you want help

Jon


lrhall41

Submitted by skydivr7673 on Sun, 08/01/2010 - 15:19

( Posts: 2036 | Credits: )