Motion to strike?
Date: Sun, 08/01/2010 - 09:38
It is a personal preference as to what to put in the motion, unl
It is a personal preference as to what to put in the motion, unless local rules require case sites backing up arguments. Some reasons in a motion to strike are evident. Others may depend on case law or can be bolstered by case law.
Angel-- I dont recall what state you live in, but in some case
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