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tiredofthebs

Motion to strike

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What are some of the reasons to file a motion to strike an affidavit? Do I write up the motion as calling this hearsay? The affiant is using ca records to testify to the document however the supporting document does not support the statements made in the affidavit?

How would I write up the motion to strike affidavit? Can I even file a motion like this? I live in Georgia.

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Definitely as hearsay.

Admissibility of business records:

Evidence : Hearsay Rule & Exceptions : Business Records

Evidence : Writings & Real Evidence : Authentication

Under the Fed. R. Evid. 803(6), the custodian of business records may authenticate them by stating that: (1) the records have been made in the course of regularly conducted business activities; (2) they have been kept in the regular course of business; (3) the regular practice of that business is to make the records; and (4) the records have been made by a person with knowledge of the transaction or from information transmitted by a person with knowledge. Once they are properly qualified, business records fall under an exception to the hearsay rule.

So if someone submits business records such as balances, or even statements from the OC - they must be authenticated.

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You need to object to any affidavit that contains inadmissible hearsay, lacks foundation, is not based upon personal knowledge, etc. Not knowning Georgia law, I would not know how to advise you on the procedure there. But to answer your question, yes, you need to challenge it.

In my experience, most so called business records affidavits from purchasers of credit card debt are inadmissible and if you properly object to them, you can win the case on this basis.

To do this requires you to have a good understanding of the rules of evidence and rules of civil procedure. Not knowing anything about Georgia law, I can't help you there.

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