Motions to Strike Evidence

Site Admin
Posts: 11757
Joined: Tue Jul 26, 2005 4:15 am

Motions to Strike Evidence

Postby Administrator » Tue Sep 30, 2014 12:28 am

Motions to Strike Evidence


A. Motions to Strike

Federal Rule of Civil Procedure 56(e) sets forth three mandatory requirements for affidavits that are used in support of, or in opposition to, a motion for summary judgment. The rule requires that such affidavits “shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.” Fed.R.Civ.P.56(e). “An affidavit that does not satisfy the requirements of Rule 56(e) is subject to a motion to strike.” Reddy v. Good Samaritan Hosp. & Health Ctr., 137 F.Supp.2d 948, 954 (S.D.Ohio 2000); quoting Collazos Cruz v. United States, No. 96-5452, 1997 U.S.App. LEXIS 17196, 1997 WL 377037 at *2 (6th Cir. July 3, 1997). The Court, utilizing the foregoing standards as guidance, now turns to the pending motions to strike.

Garrett v. Trans Union, L.L.C.
Slip Copy, 2006 WL 2850499
September 29, 2006
David A. Szwak
Bodenheimer, Jones & Szwak, LLC
416 Travis Street, Suite 1404, Mid South Tower
Shreveport, Louisiana 71101
318-424-1400 / Fax 221-6555
President, Bossier Little League
Chairman, Consumer Protection Section, Louisiana State Bar Association

Return to “Evidentiary Issues in FCRA Cases”

Who is online

Users browsing this forum: No registered users and 5 guests